1990 Revised Zoning Ordinance for Minnehaha County

(amended by MC16-55-01)
1.02 PURPOSE. These regulations have been based upon the Minnehaha County Comprehensive Development Plan adopted on December 15, 1998 by the Board of County Commissioners, and are in conformance with Chapter 11-2 of the South Dakota Compiled Laws.
These regulations are designed to carry out the goals and objectives of the plan, but especially to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration or scattering of population; and to encourage a distribution of population or mode of land utilization that will facilitate the economical and adequate provision of transportation, water, drainage, sewerage, schools, parks, or other public requirements.

These regulations have been made with reasonable consideration to the character and intensity of the various land uses and the need for public facilities and services that would develop from those uses. These regulations are necessary for the best physical development of the county. The regulations are intended to preserve and protect existing property uses and values against adverse or unharmonious adjacent uses by zoning all unincorporated land except those areas where joint zoning jurisdiction has been granted to a municipality.

2.00 DISTRICTS AND BOUNDARIES

2.01 APPLICATION OF REGULATIONS AND BOUNDARIES. The regulations and zoning district boundaries set forth in this ordinance shall apply to all unincorporated land within Minnehaha County except those areas which have been approved for municipal joint zoning jurisdiction. (amended by MC16-65-03)

2.02 DISTRICTS DESIGNATED. In order to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of a lot that may be occupied; the size of the yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes; the county is hereby divided into the following districts:


A-1 Agricultural	I-1 Light Industrial
RR Rural Residential	I-2 General Industrial
R-1 Residential	RD Recreation/Conservation
C Commercial	PD Planned/Development

The following districts shall be designated as zoning overlay districts, imposing special regulations on the properties that fall within these overlay districts without abrogating the requirements imposed by the underlying land use district regulations:

WS Water Source Protection

2.03 INCORPORATED BY REFERENCE. The following are hereby adopted and incorporated by reference:

(A). The official zoning map(s) of the 1990 Revised Zoning Ordinance, together with all the explanatory matter thereon and attached thereto, is hereby adopted by reference and is declared to be a part of these regulations. The maps shall be filed with the Register of Deeds.
(B). The Flood Insurance Rate Map is hereby adopted by reference and declared to be a part of these regulations. Areas shown as Zone A, AO or A1- A30 on the F.I.R.M. but which are zoned A-1 Agricultural on the zoning map shall be governed by the provisions of the RC Recreation/Conservation District.
(C). The approved plans submitted in conjunction with any Planned Development are hereby adopted by reference and declared to be a part of these regulations.

2.04 BOUNDARIES OF DISTRICTS; MAPS. The boundaries of the districts are shown upon the maps which have been made a part hereof by reference. The various districts and their boundaries which have been designated on these maps shall have the same force and effect as if they were all fully set forth herein.

2.05 RULES WHERE UNCERTAINTY AS TO BOUNDARIES ARISES. Where uncertainty exists with respect to the boundaries of the various districts shown on the maps accompanying and made a part of these regulations by reference, the following rules apply:

(A). The district boundaries are roads unless otherwise shown, and where the districts are bounded approximately by roads, the road shall be construed to be the boundary of the district.
(B). Where the property has been or may hereafter be divided into blocks and platted lots, the district boundary shall be construed to coincide with the nearest platted lot lines; and where the districts are bounded approximately by platted lot lines, the platted lot lines shall be construed to be the boundary of the district, unless the boundaries are otherwise indicated on the maps.
(C). In unplatted property, the district boundary lines shall be determined by use of the scale appearing on the map or the legal description as indicated.

2.06 VACATION OF STREETS AND ROADS. Whenever any street, road or other public way is vacated, the zoning district adjoining each side of such street, road, or other public way is extended to the center of such vacation; and all area included in the vacation shall then and henceforth be subject to the appropriate regulations of the extended districts.

3.00 A-1 AGRICULTURAL DISTRICT

3.01 INTENT. It shall be the intent of this district to provide for a vigorous agricultural industry by preserving for agricultural production those agricultural lands beyond areas of planned urban development. It is recognized that because of the nature of both agricultural activities and residential subdivisions, that these two uses are generally poor neighbors and therefore a concentration of housing in the A-1 Agricultural District shall be discouraged.

3.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the A-1 Agricultural District:

(A). Agriculture. A building for the storage of agricultural equipment or products shall be allowed provided the following conditions have been met:

- Ownership of contiguous parcel(s) of not less than forty (40) acres.
- The property’s principal use is devoted to agriculture. (amended by MC16-90-06 9/12/06)

(B). A single-family dwelling if the following provisions for building eligibility are met: (amended by MC16-69-04 3/16/04)

1). Each quarter-quarter section shall have one building eligibility when all the following conditions are met:

a).        There are no other dwellings on the quarter-quarter section.
b).        The building site shall be a minimum of one acre.
c).        Approval has been granted by the appropriate governing entity for access onto a public road.
d).        The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
e).        Prior to any building permit being issued for any new single family residence located in the A-1 Agriculture District, a Right to Farm Covenant shall be filed on the parcel of land upon which the new structure will be located. Only the following shall constitute a Right to Farm Covenant: “RIGHT TO FARM NOTICE COVENANT

You are hereby notified that the property on which you are constructing a structure is in or near agricultural land, agricultural operations or agricultural processing facilities or operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural processing facility operations. Agricultural operations may include, but are not limited to, the following: the cultivation, harvesting, and storage of crops; livestock production; ground rig or aerial application of pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the application of irrigation water; and other accepted and customary agricultural activities conducted in accordance with Federal, State, and County laws. Discomforts and inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. You are also notified that there is the potential for agricultural or agricultural processing operations to expand. This notification shall extend to all landowners, their heirs, successors or assigns and because it is required pursuant to the issuance of a building permit, may not be removed from the record title without consent of the Minnehaha County Planning Commission.” (amended MC16-83-06 5/16/06)

(C). Elementary or high school.

(D). Historical sites.

(E) Church.

(F). Neighborhood utilities.

(G). Antenna support structure. (amended by MC16-65-03 10/21/03)

3.03 PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the A-1 Agricultural District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements of Article 19.00: (amended by MC16-40-98)

(A). A building eligibility may be used within a farmstead provided: (amended by MC16-69-04)

1) The building eligibility exists on property contiguous to and under the same ownership as the farmstead.
2) There will be no more than two dwellings within the farmstead. The residential structure may be a single-family dwelling, manufactured home or mobile home.

(B). Cemetery provided there is an area of 20 acres or more.

(C). Pet cemetery provided there is a minimum area of two acres.

(D). Wind energy conversion system in conformance with Article 12.02.

(E). Off-premise signs in conformance with Article 17.00.

(F). [Reserved.] (amended by MC16-53-00 5/22/00)

(G). Greenhouses and nurseries provided there is no retail sale of products conducted on the premises.

(H). A single-family dwelling located on a lot of record in accordance with the following: (amended by MC16-69-04 03/16/04)

1) A lot of record consisting of less than 80 acres and containing no other dwellings shall have one building eligibility.
2). A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:

a). The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings shall represent building eligibility.
b). If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use.

3). Approval has been granted by the appropriate governing entity for access onto a public road.
4). Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.

(I). Concentrated Animal Feeding Operation (Class D) provided: (amended by MC16-18-94, MC16-40-98, and MC16-150-17)

1).        The operation shall either be located in a farmstead, or shall be separated from a dwelling, church, school or business by a minimum distance of 660 feet, a public park by a minimum distance of 1320 feet and a municipality by a minimum distance of 2640 feet.
2).        The operation shall be separated from an existing or permitted CAFO by a minimum distance of 660 feet.
3).        The operation shall meet the minimum environmental separation requirements of Table 1 in Section 12.10 (F)(1) and manure application requirements of Section 12.10 (G).
4).        The operation shall not be in the Water Source Protection Overlay District or a floodplain.
5).        All CAFO structures, corrals, and manure containment facilities shall be setback a minimum of 50 feet from any property line.
6).        A Zoning Permit shall be obtained which indicates the location and type of Facility and the location and compliance of required setbacks.

(J.) Concentrated animal feeding operation (existing) shall be allowed to expand by provided: (amended by MC16-40-98 and MC16-75-05 6/28/05 and MC16-89-06 8/19/06 and MC16-150)

1).        The operation is located in a farmstead or property contiguous to, and smaller than, the aforementioned farmstead.
2).        The operation shall not be located in the Water Source Protection Overlay District, over a mapped shallow aquifer area, or in a flood plain.
3).        The operation shall not exceed 1000 animal units either before or after the expansion.
4).        There is conformance with South Dakota Department of Environment and Natural Resources design standards for any newly constructed manure containment facility. A registered professional engineer shall certify the plan specifications and the construction of the facility.
5).        Approval by the Planning Director of a manure management plan
6).        The operation shall meet the environmental setbacks of Table 1 in Section 12.10 (F).
7).        All manure shall be applied in accordance with Section 12.10 (G).
8).        The operation is not located within 2640 feet of a municipality.

(K). Telecommunication and broadcast tower in conformance with Article 12.12. (amended by MC16-53-00 5/22/00, MC16-55-01 3/20/01, MC16-65-03 10/21/03)

(L). Agricultural Tourism in conformance with Section 12.13.
(amended by MC16-105-09 6/16/09)

(M) Agricultural Workforce Housing provided:

1)         The dwelling structure shall use one residential building eligibility.
2)         The agricultural employer must own the residential building eligibility.
3)         The dwelling structure shall only be occupied by the agricultural labor force.
4)         The dwelling structure shall house no more than 20 persons.
5)         When not occupied by the labor force, agricultural workforce housing may be used for any uses accessory to a primary agricultural use.
6)         The dwelling structure shall be removed or renovated into a single family dwelling when the agricultural operations cease.
(amended by MC16-127-13 3/19/13)

(N). Aquaculture provided: (amended by MC16-150-17)

1).        The operation produces less than 20,000 pounds of cold water fish (harvest weight) per year.
2).        The operation produces less than 100,000 pounds of warm water fish (harvest weight) per year.
3).        The operation shall meet the permit requirements in Section 12.16 (B).
4).        Approval by the Planning Director of an aquaculture waste management plan, which has been prepared in conformance with the South Dakota Department of Environment and Natural Resource standards.
5).        No retail sales of products produced at the facility is conducted on the premises.
6).        A Zoning Permit shall be obtained which indicates the location and type of Facility and the location and compliance of required setbacks.

(O) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

3.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the A-1 Agricultural District if a conditional use has been obtained in conformance with the requirements of Article 19.00

(A).      Rock, sand, or gravel extraction in conformance with Article 12.08.
(B).      Mineral exploration in conformance with Article 12.04.
(C).      Airport/heliport.
(D).      A single-family dwelling on a parcel which is not a lot of record provided:

1). The deed to the land or the agreement to convey the parcel was recorded with the Register of Deeds prior to September 27, 1988.
2). There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:

a). The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility.
b). Each building site shall consist of a minimum of one acre.

3).        The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development.
4).        The soil conditions are acceptable for a building site.
5).        Approval has been granted by the appropriate governing entity for access onto a public road.

(E).      Group day care.
(F).      Private campground.
(G).      Garden center.
(H).      Kennel.
(I).       Stable.
(J).       Produce Stand exceeding 400 square feet in area. (amended by MC16-105-09 6/16/09)
(K).      Fireworks sales provided the length of sales does not exceed nine (9) days.
(L).      Golf course, golf driving range.
(M).     Recreation Facility. (amended by MC16-105-09 6/16/09)
(N).      Trap shoot, rifle range, pistol range.
(O).      Public facility owned and operated by a governmental entity.
(P).      Farmer’s Market.   (amended by MC16-105-09 6/16/09)
(Q).      Bed and breakfast establishment.
(R).      Sanitary landfill, solid waste transfer station, rubble dump, commercial compost site. (amended by MC16-19-94)
(S).      Sewage disposal pond.
(T).      Livestock sales barn.
(U).      New Class A, B or C Concentrated Animal Feeding Operation in accordance with Article 12.10. (amended by MC16-40-98 and MC16-150-17)
(V).      Electrical substation.
(W).     Public utility facility.
(X).      Agriculturally related operations involving the handling, storage and shipping of farm products.
(Y).      The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met: (amended by MC16-69-04 3/16/04)

1). The transfer of building eligibility shall occur only between contiguous parcels under the same ownership. For purposes of this section, same ownership means: Two or more parcels of land owned or controlled by an individual or combination of individuals, corporations, partnerships, or other legal entities; with said owners described uniformly on the deed or other legally binding conveyance of each parcel. (amended 16-87-06 8/19/06)
2). Suitability as a building site based on the following factors:

a).          Agricultural productivity of the soil.
b).         Soil limitations.
c).          Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.

3). The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant.

4). The parcel from which the eligibility is transferred shall continue as agricultural land or remain in its present use.

5). Approval has been granted by the appropriate governing entity for access onto a public road.

(Z). Manufactured home in conformance with Article 12.06(C) if there is building eligibility on the parcel.
(AA). Major home occupation in conformance with Sections 12.0302 and 12.0303. (amended by MC 16-53-00 5/22/00)
(BB). Facilities for the storage and distribution of anhydrous ammonia. (amended by MC16-53- 00 5/22/00)
(CC). Shooting/Hunting Preserve. (amended by MC16-105-09 6/16/09)
(DD). Animal Livestock Shelter. (amended by MC16-107-09 7/21/09)
(EE). Adaptive reuse. (amended by MC16-111-10 9/19/10)
(FF). Solar energy conversion system in conformance with Article 12.15. (amended by MC16-135-14 7/27/14)
(GG). Aquaculture that produces more than 20,000 pounds of cold water fish (harvest weight) per year or more than 100,000 pounds of warm water fish (harvest weight) per year in accordance with Article 12.16. (amended by MC16-150-17)
(HH). Vacation Home Rental/Short Term Rental in accordance with Article 12.17. (amended by MC16-177-23)

3.05 ACCESSORY USES. Accessory uses and buildings permitted in the A-1 Agricultural District are buildings and uses customarily incident to any permitted use in the district.

3.06 PARKING REGULATIONS. All parking within the A-1 Agricultural District shall be regulated in conformance with the provisions of Article 15.00.

3.07 SIGN REGULATIONS. Signs within the A-1 Agricultural District shall be regulated in conformance with the provisions of Article 16.00.

3.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the A-1 Agricultural District shall be as follows:

(A). General Requirements:

Lot area………………         1 acre *
Lot width …………….        125′
Front yard ……………        30′ **
Side yard …………….       7′
Rear yard …………….      30′
Maximum height ……….. 35′ ***

* Unless a larger lot size is required by the granting of a conditional use.
** The front yard on a major arterial street or section line road shall be 50 feet.
*** There shall be no height limit for farm structures or wind energy conversion systems.

(B). There shall be a required front yard on each street of a double frontage lot.

(C). If a lot of record has less area or width than herein required and its boundary lines along the entire length abutted lands under other ownership on November 20, 1973, and have not since been changed, such parcel of land may be used for any use permitted in this district.

(D). Buildings with side yard setbacks less than required herein may have additions erected in line with the existing building and provided further that said additions will be erected no closer to the lot line than the existing building.

(E). Buildings may be located within the required front yard but no closer to the public right-of-way than a legal nonconforming building provided the building is no greater than 150 feet from the nonconforming building.

4.00 RR RURAL RESIDENTIAL DISTRICT

4.01 INTENT. This district is intended to protect a vigorous agricultural industry by limiting the areas in which the RR Rural Residential District can be used. The RR Rural Residential District, where permitted, shall generally be located where provisions can be made to adequately handle sewage disposal, where the value of the land for agricultural use is marginal, and where the water supply, roads and emergency services are easily and economically available.

4.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the RR Rural Residential District:

(A). Single family dwelling.
(B). Public park, playground or swimming pool.
(C). Neighborhood utilities

4.03. PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the RR Rural Residential District in conformance with the conditions prescribed therein or by obtaining a Conditional Use for such use in conformance with the requirements of Article 19.00:

(A). Church subject to:

(1). Said building being adjacent to an arterial street or section line road.

(B). Elementary and high school subject to:

(1). One of the principle frontages of the premises shall abut upon an arterial or collector street.
(2). The main building shall be set back 25 feet from the side lot line.

(C). Fowl. A maximum of six fowl, roosters prohibited, may be kept provided the following conditions have been met:

(1). Domestic, noncommercial use of poultry or fowl.
(2). Poultry or fowl must be kept in a secure coop, pen, or enclosure from dusk until dawn.
(3). Any pen, run, cage, hutch, enclosure, coop serving to house or confine fowl shall maintain a distance of:

i. 10-feet from the property line
ii. 30-feet from any adjacent residence (amended by MC16-139-14)

(D). [Reserved.] (amended by MC16-53-00)

(E) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

4.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the RR Rural Residential District if a Conditional Use for such use has been obtained in conformance with the requirements of Article 19.00:

(A). Mobile home/manufactured home park in conformance with Article 12.06.
(B). Mobile home/manufactured home subdivision in conformance with Article 12.06.
(C). Day care center.
(D). Group day care.
(E). Group home.
(F). Bed and breakfast establishment.
(G). Nursing home.
(H). Cemetery.
(I). Kennel.
(J). Stabling of horses, provided they are owned by the resident of the property and not used as a commercial operation on the property.
(K). Golf course, except miniature course and driving range.
(L). Wind Energy Conversion System in conformance with the requirements of Article 12.02.
(M). Electrical substation.
(N). Public utility facility.
(O). Public facility owned and operated by a governmental entity.
(P). Adaptive reuse. (amended by MC16-111-10 9/19/10)
(Q). Vacation Home Rental/Short Term Rental in accordance with Article 12.17. (amended by MC16-177-23 5/4/2023)

4.05 ACCESSORY USES. Accessory uses and buildings permitted in the RR Rural Residential District are buildings and uses customarily incident to any of the permitted uses in the district.

4.06 PARKING REGULATIONS. All parking within the RR Rural Residential District shall be regulated in conformance with the provisions of Article 15.00.

4.07 SIGN REGULATIONS. Signs within the RR Rural Residential District shall be regulated in conformance with the provisions of Article 16.00.

4.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the RR Rural Residential District shall be as follows:

(A). General requirements:

All Uses

Density ……………………….. 1 acre *
Lot area ……………………. 1 acre *
Lot width …………………… 125′
Front yard …………………. 30′ **
Side yard ………………….. 7′
Rear yard ………………….. 30′
Maximum height …………. 35′

* Where a central sanitary sewer is available, the required lot area may be reduced to 20,000 square feet.

** The front yard on all major arterial streets or section line roads shall be 50 feet.

(B). There shall be a required front yard on each street of a double frontage lot.

(C). Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that said additions will be erected no closer to the lot line than the existing building

5.00 R-1 RESIDENTIAL DISTRICT

5.01 INTENT. This district is intended to provide for areas of residential use with a gross density of generally five dwelling units per acre or less. The district permits single family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries and churches. It is intended that this district provide protection for those areas existing as, or planned for, single family neighborhoods. A central sanitary sewer system should be available to serve these developments.

5.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the R-1 Residential District:

(A). Single family dwelling.
(B). Public park, playground or swimming pool.
(C). Neighborhood utilities.

5.03. PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the R-1 Residential District in conformance with the conditions prescribed herein or by obtaining a Conditional Use for such use in conformance with the requirements of Article 19.00:

(A). Churches:

(1). One of the principle frontages of the premises shall abut upon an arterial or collector street.
(2). The main building shall be set back twenty-five feet from the side lot line.

(B). Elementary and high schools:

(1). One of the principle frontages of the premises shall abut upon an arterial or collector street.
(2). The main building shall be set back twenty-five feet from the side lot line.

(C). [Reserved.] (amended by MC16-55-01)

(D). [Reserved.] (amended by MC16-53-00)

(E) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

5.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the R-1 Residential District if a conditional use for such use has been obtained in conformance with the requirements of Article 19.00:

(A). Multiple dwellings.
(B). Group day care.
(C). Day care center.
(D). Bed and breakfast establishment.
(E). Private lake.
(F). Group home.
(G). Nursing home.
(H). Convent and monastery.
(I). Electrical substation.
(J). Public utility facility.
(K). Adaptive reuse. (amended by MC16-111-10 9/19/10)
(L). Vacation Home Rental/Short Term Rental in accordance with Article 12.17. (amended by MC16-177-23 5/4/2023)

5.05 ACCESSORY USES. Accessory uses and buildings permitted in the R-1 Residential District are buildings and uses customarily incident to any of the permitted uses in the district.

5.06 PARKING REGULATIONS. Parking within the R-1 Residential District shall be regulated in conformance with the provisions of Article 15.00.

5.07 SIGN REGULATIONS. Signs within the R-1 Residential District shall be regulated in conformance with the provisions of Article 16.00.

5.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the R-1 Residential District shall be as follows:

(A). General requirements:

All Uses Corner Lots

Density ………. 7500 sq. ft. ……. 8500 sq. ft.
Lot area ………. 7500 sq. ft. ……. 8500 sq. ft.
Lot width ……… 60′ ………… 85′
Front Yard …….. 30′ ………… 30′ *
Side yard ……… 7′ ** ………. 7′ **
Rear yard ……… 30′ ………… 15′
Maximum height … 35′ ………… 35′

* The front yard along the side street side of a corner lot may be reduced to 25 feet.
** The side yard will be required to be increased to 10 feet when the building is three stories in height or more.

(B). The requirements for multiple dwellings shall be determined by the conditional use.
(C). There shall be a required front yard on each street of a double frontage lot.
(D). Buildings with side yard setbacks less than required herein, may have additions erected in line with the existing building and provided further that said additions will be erected no closer to the lot line than the existing building.

6.00 C COMMERCIAL DISTRICT

6.01 INTENT. This district is intended to provide for a wide variety of commercial uses generally located at major intersections and along major roads. This district will include general commercial uses requiring large land areas, extensive retail operations, and outdoor display.

6.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the C Commercial District:

(A). Office.
(B). Bank or financial institution.
(C). Group day care, day care center, group home.
(D). Mortuary.
(E). Indoor recreational facility.
(F). Nursery or greenhouse.
(G). Church.
(H). Antenna support structure. (amended by MC16-65-03)

6.03 PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the C Commercial District in conformance with the conditions prescribed herein or by obtaining a Conditional Use for such uses in conformance with the requirements of Article 19.00:

(A). Retail sales and trade, personal services, communication facilities, and warehousing provided:

(1). There is no outside storage.
(2). There is no storage of a regulated substance.
(3). The building contains 10,000 square feet of area or less.

(D). Veterinarian clinic provided there is no outside kenneling of dogs.
(E). Frozen food locker provided there is no slaughtering of animals on the premises.
(F). Off-premise signs in conformance with Article 17.00.
(G). Telecommunication and broadcast tower in conformance with Article 12.12. (amended by MC16-65-03)
(H) Medical Cannabis Dispensary provided: (amended by Ordinance MC16-171-21)

(1). The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
(2). The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
(3). The facility shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a single-family dwelling, church, elementary, middle, or high school licensed by the state, day care, public use facility, park or other medical cannabis dispensary.
(4). The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.
(5). The facility shall be limited to hours of operation not earlier than 8:00 A.M. and not later than 10:00 P.M.
(6). There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
(7). No one under the age of eighteen (18) shall be permitted in the facility.
(8). No use of medical cannabis shall be permitted on the premises of the facility.
(9). The facility shall submit a disposal plan to, and obtain approval from the Planning Director or his or her designee. Medical cannabis remnants and bi-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
(10). The facility shall submit a security plan and fire protection plan to, and obtain approval from the Planning Director or his or her designee. The facility shall demonstrate how it will maintain effective security and fire control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
(11). The facility shall submit a site plan for approval by the Planning Director or his or her designee and a Floor Plan for approval by the Planning Director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(I) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

6.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the C Commercial District if a conditional use for such use has been obtained in conformance with the requirements in Article 19.00:

(A). Wholesale trade.
(B). Bar or lounge.
(C). Equipment sales, display and repair.
(D). Motor vehicle sales, display, service and rental.
(E). Auto body shop.
(F). Transportation, including gasoline service station, truck stop, and terminal.
(G). Recycling facility.
(H). Fireworks sales provided sales are conducted from a permanent building when business operations exceed nine (9) days.
(I). Uses which store or handle a regulated substance.
(J). Lumberyard.
(K). Contractor’s shop and storage yard.
(L). Car wash.
(M). Airport/heliport.
(N). Hotel or motel.
(O). Hospital.
(P). Motor vehicle repair shop.
(Q). Public utility facility.
(R). Campground.
(S). Commercial recreation facility.
(T). Wind energy conversion system.
(U). [Reserved.] (amended by MC16-65-03)
(V). Electrical substation.
(W). Adult use in conformance with Section 12.09. (amended by MC16-29-95)
(X). Animal shelter. (amended by MC 16-81-06)
(Y). Solar energy conversion system in conformance with Article 12.15. (amended by MC16-135-14 7/27/14)

6.05 ACCESSORY USES. Accessory uses permitted in the C Commercial District are accessory buildings and uses customarily incident to any permitted uses in this district.

6.06 PARKING REGULATIONS. Parking within the C Commercial District shall be regulated in conformance with the provisions of Article 15.00.

6.07 SIGN REGULATIONS. Signs within the C Commercial District shall be regulated in conformance with the provisions of Article 16.00.

6.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. A maximum height and minimum lot requirements within the C Commercial District shall be as follows:

(A). General Requirements:

All Uses
Density —-
Lot Area —-
Lot Width —-
Front Yard 30′
Side Yard 10′
Rear Yard 20′
Maximum Height 35′

(B). There shall be a required front yard on each street side of double frontage lots.
(C). There shall be a required front yard on each street side of a corner lot.
(D). Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.

7.00 I-1 LIGHT INDUSTRIAL DISTRICT

7.01 INTENT. This district is intended to provide for a number of light manufacturing, wholesale, warehousing, and service uses in an attractive industrial park like setting. These uses do not depend on frequent personal visits from customers or clients and do not include residences, apartments, or commercial uses which are primarily retail in nature. It is the intention of this district to provide high amenity industrial development along the major roads and adjacent to residential areas, while allowing for slightly heavier development in the interior of the industrial areas.

7.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the I-1 Light Industrial District:

(A). Public utility facility, electrical substation.
(B). Antenna support structure. (amended by MC16-65-03)
(C). Office.
(D). Bank or financial institution. (amended by MC16-69-04)
(E). Indoor recreation facility. (amended by MC16-69-04)
(F). Mortuary. (amended by MC16-69-04)
(G). Nursery or greenhouse. (amended by MC16-69-04)

7.03 PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the I-1 Light Industrial District in conformance with the conditions prescribed herein or by obtaining a Conditional Use for such use in conformance with the requirements of Article 19.00:

(A). Communication facilities, warehousing and repair services provided:

(1). There is no outside storage on the premises.
(2). There is no storage of a regulated substance on the premises.
(3). The building contains 20,000 square feet of area or less.

(B). Veterinarian clinic provided there is no outside kenneling of animals.

(C). Frozen food locker provided there is no slaughtering of animals on the premises.

(D). Off-premise signs in conformance with Article 17.00.

(E). Telecommunication and broadcast tower in conformance with Article 12.12. (amended by MC16-65-03) (amended by MC16-69-04)
(F). Retail sales and trade, personal services, communication facilities, and warehousing provided:

(1). There is no outside storage.
(2). There is no storage of a regulated substance.

(G) Medical Cannabis Dispensary provided: (amended by Ordinance MC16-171-21)

(H) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

7.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the I-1 Light Industrial District if a Conditional Use for such use has been obtained in conformance with the requirements of Article 19.00:

(A). Light manufacturing.
(B). Extraction of rock, sand and gravel in conformance with Article 12.08.
(C). Airport/heliport.
(D). Group day care, day care center, group home. (amended by MC16-69-04)
(E). Any conditional use listed in the C Commercial District.
(F). Solar energy conversion system in conformance with Article 12.15. (amended by MC16-135-14)
(G). Salvage or junkyard (amended by MC16-140-15)
(H). Aquaculture in accordance with Article 12.16. (amended by MC16-150-17)

7.05 ACCESSORY USES. Accessory uses and buildings permitted in the I-1 Light Industrial District are accessory buildings and uses customarily incident to any permitted uses in this district.

7.06 PARKING REGULATIONS. Parking within the I-1 Light Industrial District shall be regulated in conformance with the provisions of Article 15.00.

7.07 SIGN REGULATIONS. Signs within the I-1 Light Industrial District shall be regulated in conformance with the provisions of Article 16.00.

7.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the I-1 Light Industrial District shall be as follows:

(A). General requirements:

All Uses

Density —-
Lot Area —-
Lot Width —-
Front Yard 30′
Side Yard 10′
Rear Yard 20′
Maximum Height 45′

(B). There shall be a required front yard on each street side of a double frontage lot.
(C). There shall be a required front yard on each street side of a corner lot.

8.00 I-2 GENERAL INDUSTRIAL DISTRICT

8.01 INTENT. This district is intended to provide for heavy industrial uses which may create some nuisance and which are not properly associated with, nor compatible with residential, office, institutional or planned or neighborhood commercial establishments. All uses in this district shall comply with any state regulations regarding noise, emissions, dust, odor, glare, vibration or heat when applicable.

8.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the I-2 General Industrial District:

(A). Public utility facility, electrical substation.
(B). Antenna support structure. (amended by MC16-65-03)
(C). Wind energy conversion system.

8.03 PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the I-2 General Industrial District in conformance with the conditions prescribed herein, or by obtaining a Conditional Use for such use in conformance with the requirements of Article 19.00:

(A). Communication facilities, warehousing and wholesale trade provided:

(1). There is no outside storage on the premises.
(2). There is no storage of a regulated substance on the premises.
(3). The building contains 25,000 square feet of area or less.

(B). Off-premise signs in conformance with Article 17.00.
(C). Telecommunication and broadcast tower in conformance with Article 12.12. (amended by MC16-65-03)
(D) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

8.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the I-2 General Industrial District if a Conditional Use for such use has been obtained in conformance with the requirements of Article 19.00:

(A). General manufacturing.
(B). Stockyards/slaughtering of animals.
(C). Rendering.
(D). Distillation of products.
(E). Refining.
(F). Sanitary landfill, solid waste receiving station.
(G). Paper manufacturing.
(K). Tank farm; petroleum products terminal.
(N). Salvage or junkyard.
(O). Airport/heliport.
(P). Extraction of rock, sand and gravel in conformance with Article 12.08.
(Q). Mineral exploration and development in accordance with Article 12.04.
(R). Any similar use not heretofore specified.
(S). Solar energy conversion system in conformance with Article 12.15. (amended by MC16-135-14)
(T). Aquaculture in accordance with Article 12.16. (amended by MC16-150-17)

8.05 ACCESSORY USES. Accessory uses and buildings permitted in the I-2 General Industrial District are accessory buildings and uses customarily incident to any permitted uses in this district.

8.06 PARKING REGULATIONS. Parking within the I-2 General Industrial District shall be regulated in conformance with the provisions of Article 15.00.

8.07 SIGN REGULATIONS. Signs within the I-2 General Industrial District shall be regulated in conformance with the provisions of Article 16.00.

8.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the I-2 General Industrial District shall be as follows:

(A). General requirements:

All Uses
Density —-
Lot Area —-
Lot Width —-
Front Yard 30′
Side Yard 10′
Rear Yard 20′
Maximum Height 55′

9.00 RC RECREATION/CONSERVATION DISTRICT

9.01 INTENT. This district is intended to protect natural drainage courses in their capacity to carry run-off water, to limit permanent structures and uses of land in areas subject to flooding, to prevent the pollution of underground water supplies (aquifers), to provide open space and natural areas for recreation, and add to the aesthetic quality of the area.

9.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the RC Recreation/Conservation District:

(A). Agriculture. A building for the storage of agricultural equipment or products shall be allowed provided the following conditions have been met:

1) Ownership of contiguous parcel(s) of not less than forty (40) acres.
2) The property’s principal use is devoted to agriculture. (amended by MC16-90-06 9/12/06)

(B). Public park; forest preserve.
(C). Public golf course.
(D). Historic sites.
(E). A single-family dwelling if the following provisions for building eligibility are met: (amended by MC16-69-04 3/16/04)

(1). Each quarter-quarter section shall have one building eligibility when all the following conditions are met:

a). There are no other dwellings on the quarter-quarter section.
b). The building site is not in the 100-year flood plain as identified on the Flood Insurance Rate Map.
c). The building site shall be a minimum of one acre.
d). Approval has been granted by the appropriate governing entity for access onto a public road.
e). The remaining portion of the quarter-quarter section is retained as agricultural land or in its present use.
f). Prior to any building permit being issued for any new single family residence located in the RC Recreation/Conservation District, a Right to Farm Covenant shall be filed on the parcel of land upon which the new structure will be located. Only the following shall constitute a Right to Farm Covenant: “RIGHT TO FARM NOTICE COVENANT

(F). Antenna support structure. (amended by MC16-65-03 10/21/03)

(G) Transmission Pipeline in accordance with Article 12.18. (amended by MC16-179-23)

9.03 PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the RC Recreation/Conservation District in conformance with the conditions prescribed herein, or by obtaining a Conditional Use for such use in conformance with the requirements of Article 19.00:

(A). A single-family dwelling located on a lot of record in accordance with the following: (amended by MC16-69-04 3/16/04)

(1). A lot of record consisting of less than 80 acres and containing no other dwellings shall have one eligible building site.
(2). The building site is not in the 100-year flood plain as identified on the Flood Insurance Rate Map.
(3). A lot of record consisting of 80 acres or more shall qualify for building eligibility as follows:

(a). The acreage of the lot of record shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings shall represent building eligibility.
(b). If there is more than one building eligibility, each additional building site shall be required to obtain a conditional use.
(c). Each building site shall consist of a minimum of one acre.

(4). Approval has been granted by the appropriate governing entity for access onto a public road.
(5). Any parcel conveyed from a lot of record must be a minimum of one acre. The remaining portion of the lot shall be retained as agricultural land or in its present use.

(B). A building eligibility may be used within a farmstead provided: (amended by MC16-69-04 3/16/04)

(1). The building eligibility exists on property contiguous to and under the same ownership as the farmstead.
(2). There will be no more than two dwellings within the farmstead.
(3). The residential structure may be a single-family dwelling, manufactured home or mobile home.
(4). The residential structure shall not be located in the 100-year flood plain as identified on the Flood Insurance Rate Map.

(C). Plant nursery provided there are no buildings located in the 100 year flood plain as identified on the Flood Insurance Rate Map.

(D). Off-premise signs in conformance with Article 17.00.

(E). Telecommunication and broadcast tower in conformance with Article 12.12. (amended by MC16-53-00 5/23/00, MC16-65-03 10/21/03)

(F). Agricultural Tourism in conformance with Section 12.13.
(amended by MC16-105-09 6/16/09)

9.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the RC Recreation/Conservation District if a Conditional Use for such use has been obtained in conformance with the requirements of Article 19.00:

(A). A single-family dwelling on a parcel which is not a lot of record provided:

(1). The deed to the land or the agreement to convey the parcel was recorded with the Register of Deeds prior to September 27, 1988.
(2). The building site is not in the 100 year floodplain as identified on the Flood Insurance Rate Map.
(3). There are no other dwellings located on the parcel, except a parcel of 80 acres or more shall have building eligibility determined as follows:

(a). The acreage of the parcel shall be divided by 40 acres. The resulting whole number minus the number of existing dwellings on the parcel shall represent the building eligibility.
(b). Each building site shall consist of a minimum of one acre.

(4). The building site shall not conflict with other existing or potential land use activities or the prevailing pattern of development.
(5). The soil conditions are acceptable for a building site.
(6). Approval has been granted by the appropriate governing entity for access onto a public road.

(B). Manufactured home in conformance with Article 12.06(C) if there is building eligibility on the parcel.
(C). Group day care.
(D). Recreation Facility. (amended by MC16-105-09 6/16/09)
(E). Day or summer camp.
(F). Rifle and pistol range; trap shoot.
(G). Stable.
(H). Kennel.
(I). Produce Stand exceeding 400 square feet in area. (amended by MC16-105-09 6/16/09)
(J). Fireworks sales provided the length of sales does not exceed nine (9) days.
(K). Cemetery.
(L). Fairgrounds.
(M). Rock, sand and gravel extraction in conformance with Article 12.08.
(O). Electrical substation.
(P). Public utility facility.
(Q). Farmer’s Market. (amended by MC16-105-09 6/16/09)
(R). Major home occupation in conformance with Sections 12.0302 and 12.0303. (amended by MC16-53-00 5/23/00)
(S). The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met: (amended by MC16-69-043/16/04)

(1). The transfer of building eligibility shall occur only between contiguous parcels under the same ownership. For purposes of this section, same ownership means: Two or more parcels of land owned or controlled by an individual or combination of individuals, corporations, partnerships, or other legal entities; with said owners described uniformly on the deed or other legally binding conveyance of each parcel. (amended 16-87-06 7/18/06)
(2). Suitability as a building site based on the following factors:

a). Agricultural productivity of the soil.
b). Soil limitations.
c). Orientation of the building site(s) with respect to road circulation and access to public rights-of-way.

(3). The minimum lot size shall be one acre but a larger area may be required when soil conditions warrant.
(4). The building site is not in the 100-year flood plain as identified on the Flood Insurance Rate Map.
(5). The parcel from which the building eligibility is transferred shall continue as agricultural land or remain in its present use.
(6). Approval has been granted by the appropriate governing entity for access onto a public road.

(T). Agriculturally related operations involving the handling, storage and shipping of farm products. (amended by MC16-106-09 6/23/09)
(U). Shooting/Hunting Preserve. (amended by MC16-105-09 6/16/09)
(V). Adaptive reuse. (amended by MC16-111-10 9/19/10)
(W). Solar energy conversion system in conformance with Article 12.15. (amended by MC16-135-14)
(X). Vacation Home Rental/Short Term Rental in accordance with Article 12.17. (amended by MC16-177-23 5/4/2023)

9.05 ACCESSORY USES. Accessory uses permitted in the RC Recreation/Conservation District are accessory buildings and uses customarily incident to any permitted uses in this district.

9.06 PARKING REGULATIONS. Parking within the RC Recreation/Conservation District shall be regulated in conformance with the provisions of Article 15.00.

9.07 SIGN REGULATIONS. Signs within the RC Recreation/Conservation District shall be regulated in conformance with the provisions of Article 16.00.

9.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the RC Recreation/Conservation District shall be as follows:

(A). General requirements:

Lot Area 1 acre*
Lot Width 125′
Front Yard 30’**
Side Yard 7′
Rear Yard 30′
Maximum Height 35’***

10.00 PD PLANNED DEVELOPMENT DISTRICT

10.01 INTENT. It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PD Planned Development District projects in order to:

(A). Encourage well planned, efficient development.
(B). Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures.
(C). Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets.
(D). Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as woodlands, wetlands, natural drainage systems and scenic areas.
(E). Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building.
(F). Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of such streets.
(G). Improve communication and cooperation among the County, townships, land developers, and interested residents in the development of agricultural land and redevelopment of existing areas.

It is not the intent of the PD Planned Development District to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.

10.02 PROCEDURE

(A). Initial Development Plan.

When a petitioner wants to request a rezoning to the Planned Development District, he shall submit his request to the Office of Planning and Zoning, showing the information specified in 10.03 below, a minimum of 30 days prior to the Planning Commission meeting at which consideration is desired. After the planned development request has been reviewed, the Planning Commission shall make a recommendation to the County Commission on the requested rezoning. The County Commission shall then act to approve or deny said request.
This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in Article 20.00. No permit shall be issued within the development until the Final Development Plan is approved and the plat is filed.

(B). Final Development Plan.

Prior to construction on any lots in the planned development, the petitioner shall present a Final Development Plan showing the information specified in 10.04 below, to the Planning Commission, who shall have the sole authority to approve, deny, or amend said plan.

The Final Development Plan may be submitted in conjunction with the Initial Development Plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an Initial and Final Development Plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.

(C). Amendments.

(1). Major Amendments. Major amendments to the Initial and/or Final Development Plan shall be required to be approved as an amendment to the zoning regulations, requiring Planning Commission review, and County Commission approval.
(2). Minor Amendments. Minor amendments to the Initial and/or Final Development Plan shall be required to be approved by the Planning Commission at a hearing. Notice of such hearing shall be given by the posting of a sign on the property.

Minor amendments to the Initial Development Plan may also be made by the submission and approval of a Final Development Plan which is changed from the approved Initial Development Plan. Any such amendments shall be shown as a change from the Initial Development Plan on the Final Development Plan.

(3). Minimal Amendments. Minimal amendments to the Final Development Plan shall be submitted to the Planning Director on a reproducible development plan showing the requested changes. The Planning Director may then approve such change in writing, if he/she deems it appropriate.

10.03 INITIAL DEVELOPMENT PLAN. Upon application for rezoning to the Planned Development District, the petitioner shall present an Initial Development Plan to the Planning Commission for review, and to County Commission for their approval showing the following information:

(A). Project name and legal description.
(B). A preliminary subdivision plan.
(C). The proposed development scheme showing the following information:

(1). The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings and their square footage.
(2). The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such densities undesirable.
(3). The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such setbacks undesirable.
(4). The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such heights undesirable.
(5). Proposed design features illustrating compatibility to the surrounding environment and neighborhood.
(6). Anticipated subarea development sequence.

10.04 FINAL DEVELOPMENT PLAN. Prior to construction on any lots in the Planned Development Zoning District, the petitioner shall present a Final Development Plan to the Planning Commission for their approval. The Final Development Plan shall show the following information:

(A). The subdivision name, the legal description, and the individual project name (if any).
(B). Boundaries of the subarea or subareas submitted for approval superimposed on the map of the Initial Development Plan.
(C). A subdivision plat of the subarea or subareas submitted for approval.
(D). A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:

(1). Size and location of proposed structures including height and number of units.
(2). Calculated floor area for each structure and a generic listing of the uses within said structure.
(3). Off-street parking lot arrangement designating all parking spaces, off- street loading spaces, and any outdoor trash container spaces.
(4). Any sidewalks, bikeways or other paths.
(5). Landscaping plans showing the type and location of any walls or fences, the placement, size and species of any trees or shrubs, and berms in areas that will be sod or seeded.
(6). All existing and proposed utilities, drainageways, water courses, and location of above ground existing utilities on adjacent property.
(7). Proposed final ground contours.
(8). Existing and proposed uses adjacent to the area.
(9). Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities including private streets.
(10). Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve.
(11). Proposed parking and loading spaces which shall be in conformance with Article 15.00, except where unique physical, environmental or design characteristics make such requirements undesirable.
(12). Unless otherwise specified on the Final Development Plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the Final Development Plan. For example: townhouses on Block X shall be developed in conformance with the requirements of the RD Residential District.

10.05 AMENDMENTS.

(A). The following changes in an Initial and/or Final Development Plan are considered major amendments:

(1). Any change in the proposed land uses.
(2). Any major change in the street pattern.
(3). An increase in density above that provided for in (B)(5) below.

(B). Minor Amendments

The following changes in an Initial and/or Final Development Plan are considered minor amendments:
(1). Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback).
(2). Major decrease in density.
(3). Any decrease in the size of required open areas.
(4). A minor change in the street pattern.
(5). Any increase in density of a subarea:

– Less than 25% for a subarea with less than eight units.
– Less than 15% for a subarea with between nine and twenty units.
– Less than 8% for a subarea with twenty-one units or more.

(6). Any change in the number of parking spaces.

(C). Minimal Amendments
The following changes in an Initial and/or Final Development Plan are considered minimal amendments:

(1). Any adjustment of a building within a previously established building envelope.
(2). A minor reduction in density.

10.06 PLANNED DEVELOPMENT DISTRICTS. Planned development districts shall be as enumerated below:

(PD 1)
10.0601 WILLOW RUN PLANNED DEVELOPMENT DISTRICT. (Moved to Sioux Falls Joint Jurisdiction Ordinance)

(PD 2)
10.0602 WEST LYONS PLANNED DEVELOPMENT DISTRICT. (Rezoned to the I-1 Light Industrial District by Ordinance MC16-56-01 & MC16-57-01; in Section 17-T103N-R50W)

(PD 3)
10.0603 DOUGHERTY’S PLANNED DEVELOPMENT DISTRICT. (Rezoned to R-1 Residential by Ordinance MC-16-50-99; in Section 21-T101N-R51W)

(PD 4)
10.0604. GREVLOS’ PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in Grevlos’ Planned Development District. (Ordinance MC16-4-91; 5/21/91; in Section 4-T101N-R48W)

(A). SUBAREA A.

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes.
Those uses permitted in the RR Rural Residential zoning district.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district. The requirements of Article 13.02 shall also apply.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the RR Rural Residential zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the RR Rural Residential zoning district.
(5). YARD AND HEIGHT REGULATIONS. The yard and height regulations shall be the same as the RR Rural Residential zoning district.
(6). OTHER REGULATIONS. Other regulations for Subarea A shall be:

(a).There shall be only one single-family dwelling in the subarea.

(B). SUBAREA B.

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes.
Those uses permitted in the A-1 Agricultural zoning district.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district. The requirements of Article 13.02 shall also apply.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the A-1 Agricultural zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the A-1 Agricultural zoning district.
(5). YARD AND HEIGHT REGULATIONS. The yard and height regulations shall be the same as the A-1 Agricultural zoning district.
(6). OTHER REGULATIONS. Other regulations for Subarea B shall be:

(a). There shall be only one single-family dwelling in the subarea.
(b). No structure shall be located within the floodplain as designated by the Flood Insurance Administration.

(PD 5)
10.0605. HIGH PRAIRIE RANCH PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the High Prairie Ranch Planned Development District. (Ordinance MC16-8-92; 6/16/92; in Section 8-T102N-R49W)

(A). SUBAREA A.

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes.
Permissive uses, permitted special uses and conditional uses of the RR District.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incident to any permitted use in the district. No accessory building shall exceed 1200 square feet in area.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the RR zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the RR zoning district.
(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The same requirements shall apply as in the RR zoning district.
(6). OTHER REGULATIONS. Other regulations for Subarea A shall be:

(a.) Subdivision roads shall be private.

(B). SUBAREA B.

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:
Arena/Horse Stable/Parking/Storage.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incident to any permitted use in the district.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the RR zoning district.
(4). SIGN REGULATIONS. No on-premise or off-premise signs are permitted in the subarea except those pertaining to use of Subarea B.
(5). DENSITY, AREA, YARD AND HEIGHT REGUALTIONS. The same requirements shall apply as in the RR zoning district.

(C). SUBAREA C.

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:
Park and recreation facilities.
(2). SIGN REGULATIONS. Signs shall be in conformance with the RC Conservation/Recreation District.
(3). OTHER REGULATIONS. Other regulations for Subarea C shall be:

(a.) Natural features in the subarea shall be retained to the greatest extent possible.

(D). SUBAREA D.

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:
Permissive uses of the A-1 Agricultural District.

(PD 6)
10.0606 PLEASANT VALLEY PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Pleasant Valley Planned Development District. (Ordinance MC16-9-92; 7/21/92; in Section 29-T103N-R47W)

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes.
Permissive uses of the RR District.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incident to any permitted use in the district. No accessory building shall exceed 1200 square feet in area.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the RR zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the RR zoning district.
(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The same regulations shall apply as in the RR zoning district.
(6). OTHER REGULATIONS. Lot 4 shall not have direct driveway access to the township road.

(PD 7)
10.0607 BUFFALO RIDGE PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Buffalo Ridge Planned Development District: (Ordinance MC16-93-07; 5/15/07; in Section 34-T104N-R47W)

(1). USES PERMITTED. A building or premises shall be permitted for the following purposes:
Up to a 100 million gallon a year name plate ethanol production facility.
(2). ACCESSORY USES. Accessory uses and buildings permitted in this district are those accessory buildings and uses customarily incidental to any permitted use in the district.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the I-2 General Industrial District.
(4). SIGN REGULATIONS. The size and location of all on-premise signs shall be shown on th final development plan and shall be regulated in conformance with the provisions on Article 16 On Premise Signs for I-2 Industrial Zoning. Off- Premise signs shall not be allowed.
(5). YARD AND HEIGHT REGULATIONS. The minimum setbacks shall apply to all structures, but not service roads, driveways, utilities (not including utility structures), or railroad tracks.

Required front yard—————– 75’
Required side yard—————— 50’
Required read yard—————– 75’
Maximum Height—————— 70’
Maximum Height of Ancillary structures such as cooling towers, storage bins, vent and exhaust stacks and grain elevators——— 225’

(6). OTHER REGULATIONS. Other regulations for the entire Buffalo Ridge Planned Development shall be:

(a). That the ethanol facility continually meets or exceeds EPA standards for emissions. An annual air quality report shall be provided to the County Planning Department.
(b). A landscaped berm at least four (4) feet high shall be installed along the entire south and west property boundaries, with the exception of any entrance into the site. Deciduous and/or evergreen trees shall be planted at minimum spacing of 40 feet and shall be a minimum of 1 inch caliper. A complete landscape plan showing the trees, shrubs and grass shall be reviewed and approved by the Planning Director prior to installation and must be installed no less than 6 months after operation of the ethanol facility begins.
(c). All parking and driveway surfaces shall be hard surfaced.
(d). That all existing drainage ways be maintained and that erosion control measures be implemented on all disturbed areas so as not to allow any sedimentation of existing drainage ways or bodies of water.
(e). That reasonable steps shall be taken to reduce light emissions from the facility. All outdoor lights are to be of the shoe-box type that directs light downward. Any lighting required by the FAA shall not exceed the FAA minimum. Flashing white lights shall not be allowed for night time lighting.
(f). That noise emissions be limited to 65 dbl at the property perimeter.
(g). That all necessary wastewater processing permits be obtained from the County and State and continually held in good standing.
(h). That prior to the commencement of any construction, a drainage plan be submitted for review and approval by the Planning Director showing how stormwater will be held and discharged at its current rate.
(i). That a left turning lane be constructed on County Highway 114 to allow for truck traffic to safely enter the plant. The design and construction to be reviewed and approved by the County Highway Superintendent.
(j) That truck deliveries be made between the hours of 7 a.m. to 6p.m. on Mondays through Saturdays.

(PD 8)
10.0608 LAKE SHORE LUXURY ESTATES PLANNED DEVELOPMENT DISTRICT. (Rezoned to A-1 Agricultural MC16-119-12; 2/23/12)

(PD 9)
10.0609 HAIGHT FAMILY PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Haight Family Planned Development District: (Ordinance 16-95-07; 8/19/07; in the E1/2 Vacated Royal Oaks Road & Tract 1 Indian Hills N1/2 NW1/4 of Section 9-T101N-R48W.)

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:A maximum of two (2) single family dwellings.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use allowed in the A-1 Agricultural District.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the A-1 Agricultural District.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the A-1 Agricultural District.
(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. Density, area, yard and height shall be regulated in conformance with the provisions of the A-1 Agricultural District.

(PD 10)
10.0610 THOMAS PLANNED DEVELOPMENT DISTRICT. (moved to Sioux Falls Joint Jurisdiction Ordinance)

(PD 11)
10.0611 PERRY PLANNED DEVELOPMENT DISTRICT. (moved to Sioux Falls Joint Jurisdiction Ordinance)

(PD 12)
10.0612 THE MEADOWS PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in The Meadows Planned Development District: (Ordinance MC16-128-13; 4/18/13; in Section 16-T102N-R51W)

(A). SUBAREA A.

(1). USES PERMITTED.

(a). Twin home single family dwellings.

(i). Shall not exceed six structures; a total of twelve dwelling units.

(2). ACCESSORY USES.

(a). Detached accessory building area.

(i). Shall not exceed 250 square feet.

(b). Wastewater treatment systems.

(3). DENSITY, AREA, YARD AND HEIGHT REGULATIONS.

(a). Setbacks:

Front Yard – 30 feet minimum
Rear Yard – 30 feet minimum
Side Yard – 30 feet minimum

(b). Height:
35 feet maximum

(4). OTHER REGULATIONS.

(a). Fences are prohibited.
(b). Twin homes shall be plumbed to connect to a sewer system.
(c). Each unit shall have address numbers . Each character shall be not less than 4 inches in height and not less than 0.5 inches in width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property.

(B). SUBAREA B.

(1). USES PERMITTED.

(a). Town homes

(i). Shall not exceed thirty-six structures; a total of 145 dwelling units.

(2). ACCESSORY USES.

(a). Hot tubs.
(b). Wastewater treatment systems.

(3). DENSITY, AREA, YARD AND HEIGHT REGULATIONS.

(a). Setbacks:

Front Yard – 25 feet minimum
Rear Yard – 25 feet minimum
Side Yard – 7 feet minimum

(b). Height:

85 feet maximum

(4). OTHER REGULATIONS.

(a). Fences are prohibited.
(b). Town homes shall be plumbed to connect to a sewer system.
(c). Each unit shall have address numbers . Each character shall be not less than 4 inches in height and not less than 0.5 inches in width. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property.

(C). SUBAREA C.

(1). USES PERMITTED.

(a). Clubhouse
(b). Private recreational facilities.

(2). ACCESSORY USES.

(a). Detached accessory buildings incidental to the permitted uses of Subarea C.
(b). Wastewater treatment systems.
(c). Parking lot.

(3). PARKING REGULATIONS.

(a). Parking shall be restricted to the designated parking lot.

(4). SIGN REGULATIONS.

(a). Limited to signs related to the permitted uses of Subarea C.

(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS.

(a). Setbacks:

Front Yard – 25 feet minimum
Rear Yard – 10 feet minimum
Side Yard – 5 feet minimum

(b). Height:

35 feet maximum

(D). SUBAREA D.

(1). USES PERMITTED.

(a). Parkway system.
(b). Bio-swales, wetlands and water features.
(c). Biking and Walking trails.
(d). Streets.

(2). ACCESSORY USES.

(a). Those uses customarily incidental to the permitted uses of Subarea D.
(b). Wastewater treatment systems.
(c). Boulevard medians.

(3). PARKING REGULATIONS.

(a). Parking shall be restricted to driveways and to the streets.
(b). Shall conform to the Minnehaha County Zoning Ordinance Section 12.14 Commercial Vehicles and Equipment.

(4). SIGN REGULATIONS.

(a). One neighborhood identification monument sign not to exceed 300 square feet.
(b). Signs related to the permitted uses of Subarea D.

(5). STREETS:

(a). Streets shall be privately owned and maintained.
(b). Streets shall consist of two 16 foot wide paved right-of-ways separated by a 12 foot wide center median.
(c). Streets shall conform to the Minnehaha County Subdivision Ordinance Section 8.04 A, B, & C.
(d). Street name suffixes shall be either Boulevard or Place.

(PD 13)
10.0613 WATERWAY MEADOWS PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Waterway Meadows Planned Development District: (Ordinance MC16-145-15; 12/23/15; in Section 19-T102N-R51W)

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:
The existing barn as the principal use of the property. Any changes or additions to the existing barn will require a new Final Development Plan to be reviewed and approved by the Minnehaha County Planning Commission.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use allowed in the A-1 Agricultural District.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the A-1 Agricultural District.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the A-1 Agricultural District.
(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. Density, area, yard and height shall be regulated in conformance with the provisions of the A-1 Agricultural District.
(6). FINAL DEVELOP PLAN. Prior to future additions or any modifications to the barn, a Final Development Plan shall be presented to the Planning Commissions for their approval.

(PD 14)
10.0614 CEDAR RIDGE PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Cedar Ridge Planned Development District: (Ordinance MC16-147-16; 5/22/16; in Section 3-T102N-R49W)

(A.) SUBAREA A

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:
Permissive uses, permitted special uses and conditional uses of the RR District.
(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use allowed in the district. No accessory building shall exceed 1200 square feet in area.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the RR zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the RR zoning district.
(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The same requirements shall apply as in the RR zoning district.
(6). OTHER REGULATIONS. Other regulations for Subarea A shall be:

a) Subdivision roads shall be private
b) One sign for use by the Subarea B Stable and Boarding operation shall be allowed at the entrance road along S.D. Highway 115 and shall be limited to 16 square feet in area and 20 feet in height.

(7). FINAL DEVELOP PLAN. Prior to construction of the first new residence in the Cedar Ridge Planned Development District, a Final Development Plan shall be presented to the Planning Commissions for their approval.

(B.) SUBAREA B

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:

a) Arena/Horse Stable/Parking/Storage.
b) Horse Pasture and associated uses for horse boarding operations.

(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use allowed in the A-1 Agriculture zoning district.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the A-1 Agriculture zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the A-1 Agriculture zoning district.
(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The same requirements shall apply as in the A-1 Agriculture zoning district.
(6). OTHER REGULATIONS. Other regulations for Subarea A shall be:

a) Subdivision roads shall be private

(C). SUBAREA C

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:

a) Those uses permitted in the A-1 Agriculture zoning district.
b) Stable, limited to pasture boarding and shelter.
c) Maximum of two (2) single family dwellings
d) Recreation Facility

(2). ACCESSORY USES. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use allowed in the A-1 Agriculture zoning district.
(3). PARKING REGULATIONS. Parking shall be regulated in conformance with the provisions of the A-1 Agriculture zoning district.
(4). SIGN REGULATIONS. Signs shall be regulated in conformance with the provisions of the A-1 Agriculture zoning district.
(5). YARD AND HEIGHT REGULATIONS. The same requirements shall apply as in the RR zoning district.
(6). FINAL DEVELOP PLAN. Prior to construction of the recreation facility or any of the allowed permitted uses in the A-1 Agriculture zoning district, a Final Development Plan shall be presented to the Planning Commissions for their approval.

(PD 15)
10.0615 HOPPE PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations in the Hoppe Planned Development District: (Ordinance MC16-154-18; 5/2/18; in Section 32-T101N-R47W)
HOPPE PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations of the Hoppe Planned Development District.
INTENT. This district is intended to provide for a wide variety of commercial uses generally located at major intersections and along major roads. This district will include general commercial uses requiring large land areas, extensive retail operations, outdoor display, and limited residential use.

PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the PD Hoppe Planned Development District:

(1). Office.
(2). Bank or financial institution.
(3). Group day care, day care center, group home.
(4). Mortuary.
(5). Indoor recreational facility.
(6). Nursery or greenhouse.
(7). Church.
(8). Antenna support structure.
(9). Residential – Single Family Dwelling

PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the PD Hoppe Planned Development District in conformance with the conditions prescribed herein or by obtaining a Conditional Use for such uses in conformance with the requirements of Article 19.00:

(1). Retail sales and trade, contractor’s shop, personal services, communication facilities, and warehousing provided:
(1). There is limited outside storage.
(2). There is no storage of a regulated substance.
(3). The building contains 25,000 square feet of area or less.
(2). Veterinarian clinic provided there is no outside kenneling of dogs.
(3). Frozen food locker provided there is no slaughtering of animals on the premises.
(4). Off-premise signs in conformance with Article 17.00.
(5). Telecommunication and broadcast tower in conformance with Article 12.12.

CONDITIONAL USES. A building or premises may be used for the following purposes in the PD Hoppe Planned Development District if a conditional use for such use has been obtained in conformance with the requirements in Article 19.00:

(1). Wholesale trade.
(2). Bar or lounge.
(3). Equipment sales, display and repair.
(4). Motor vehicle sales, display, service and rental.
(5). Auto body shop.
(6). Transportation, including gasoline service station, truck stop, and terminal.
(7). Recycling facility.
(8). Fireworks sales provided sales are conducted from a permanent building when business operations exceed nine (9) days.
(9). Uses which store or handle a regulated substance.
(10). Lumberyard.
(11). Storage yard.
(12). Car wash.
(13). Airport/heliport.
(14). Hotel or motel.
(15). Hospital.
(16). Motor vehicle repair shop.
(17). Public utility facility.
(18). Campground.
(19). Commercial recreation facility.
(20). Wind energy conversion system.
(21). [Reserved.]
(22). Electrical substation.
(23). Adult use in conformance with Section 12.09.
(24). Animal shelter.
(25). Solar energy conversion system in conformance with Article 12.15.

ACCESSORY USES. Accessory uses permitted in the PD Hoppe Planned Development District are accessory buildings and uses customarily incident to any permitted uses in this district.

PARKING REGULATIONS. Parking within the PD Hoppe Planned Development District shall be regulated in conformance with the provisions of Article 11.10.

SIGN REGULATIONS. Signs within the PD Hoppe Planned Development District shall be regulated in conformance with the provisions of Article 11.10.

DENSITY, AREA, YARD AND HEIGHT REGULATIONS. A maximum height and minimum lot requirements within the PD Hoppe Planned Development District shall be as follows:

(1). General Requirements:

All Uses

Density 4 acres
Lot Area 4 acres
Lot Width 125’
Front Yard 30′
Side Yard 10′
Rear Yard 20′
Maximum Height 35′

(2). There shall be a required front yard on each street side of double frontage lots.
(3). There shall be a required front yard on each street side of a corner lot.
(4). Any accessory uses shall be required to comply with the height, front, rear and side yard requirements of the main building.

(PD-16)
10.0616 HOPE HARBOR PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere are the district regulations in the Hope Harbor Planned Development District: (Ordinance MC16-153-18; in Section 9-T102N-R50W)

(A) SUBAREA A

(1). USES PERMITTED. A building or premises shall be permitted to be used for the following purposes:

(a). Single family dwelling not to exceed one per acre of land
(b). Group home(s) not to exceed one per acre of land

(2). ACCESSORY USES.

(a). Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incident to any permitted use in the district. No accessory building shall exceed 6,000 square feet in area.
(b). Accessory Dwelling. A structure or apartment which is detached or attached with a separate entrance for the purpose of temporary or permanent occupancy as a dwelling provided:

1. no more than one accessory dwelling per primary dwelling.
2. the accessory dwelling must not exceed 50% of the square foot area of the primary dwelling or 1,000 square feet, whichever is less.
3. adequate sanitary sewer must be available.

(3). PARKING REGULATIONS.

(a). Parking shall be regulated in conformance with the provisions of article 15.00.

(4). SIGN REGULATIONS.

(a). Signs shall be regulated in conformance with the provisions of the RR zoning district.(b). One freestanding sign may be permitted per sub area of the zoning district. Such freestanding sign may not exceed 32 square feet in area of sign face and 20 feet in height.

(5). DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The same requirements shall apply as in the RR zoning district.
(6). OTHER REGULATIONS. Other regulations shall be:

(a). The residential density shall not exceed three (3) single-family dwellings.
(b). Design, operating, and licensing requirements of appropriate state and federal agencies must be met for all group homes.
(c). Three rows of trees must be planted as a buffer along the south boarder of the Hope Harbor Planned Development District. All trees that die must be replaced within one growing season
(d). If State regulations require a certification or licensure for the type of group home program, the certificate or licensure must be obtained within one year.

11.00 WS WATER SOURCE PROTECTION OVERLAY DISTRICT

11.01 INTENT. This district is intended to preserve the quality and quantity of the area’s water resources so as to ensure a safe and adequate supply of drinking water for present and future generations. Restrictions shall apply to land use activities which have the potential to contaminate water resources, including aquifers and wellhead sites currently in use and those having the potential for future use as a public water supply.

The purpose of these regulations is to prohibit certain uses which pose the greatest threat to groundwater contamination and to impose reasonable and adequate safeguards on other uses which exhibit a potential to contaminate the groundwater.

The Water Source Protection Overlay District is an overlay whose boundaries are superimposed on all districts established by this ordinance. It is not intended that these regulations interfere with, abrogate, or annul any other rules or regulations of this ordinance, except that if the Water Source Protection Overlay District imposes a greater restriction than the underlying zoning district regulations, they shall control.

11.02 BOUNDARIES OF DISTRICT. The boundaries of the Water Source Protection Overlay District are shown upon the maps which have been made a part hereof by reference. The maps shall be signed by the Chairman of the Board of County Commissioners and Mayor and filed with the County Register of Deeds. The maps shall have the same force and effect as if they were all fully set forth herein.

11.03 CONDITIONAL USES. A conditional use shall be required for any use which involves the storage and/or use of a regulated substance as defined by this ordinance. All available practical methods of preventing and controlling the contamination of groundwater from waste and other contaminants shall be employed.

11.04 STANDARDS. The following standards shall apply to uses in the Water Source Protection Overlay District:

(A). Tanks used for the storage of a regulated substance shall be governed as follows:

(1). A zoning permit shall be issued by the County Office of Planning and Zoning prior to placement or installation of any tank described below.
(2). All metallic tanks installed underground must be of double-wall construction and cathodically protected.
(3). All nonmetallic tanks installed underground must be of double-wall construction.
(4). All underground tanks must be equipped with a continuous leak detection system capable of immediately detecting a leak and giving audible and visible alarms.
(5). All underground tanks and all above ground stationary tanks must be equipped with overfill protection devices. These devices must alert the transfer operator that the tank is 90 percent full or automatically shut off flow to the tank when the tank is no more than 95 percent full. All tanks must be equipped with an impervious spill containment basin.
(6). All fluid handling piping shall be of double-walled construction and shall include double-wall containment at the tank and to grade under any dispensing device.
(7). Piping on pressure systems shall be equipped with leak detection devices that will promptly notify the operator of a problem in the system in one or more of the following manners:

(a). Give an audible and visible warning through the tank alarm panel.
(b). Completely stop the flow of the material to the dispenser.

(8). Secondary containment shall be provided around andunder all above ground stationary tanks and consist of native soils, clays, bentonites, or artificially constructed material equivalent to 60 mil high density polyethlene or greater. An impermeability of at least 10(-6) centimeter/second is required to permit containment and detection of a release. Secondary containment must be constructed and maintained to meet impermeability requirements for the operational life of the tank(s). Secondary containment must be capable of containing 110 percent of the volume of the largest tank.
(9). Storage of petroleum products in stationary above ground tanks as part of an agricultural activity shall be governed as follows:

(a.) A tank with a capacity of 55 gallons or less shall be exempt from these standards.
(b.) A tank with a capacity in excess of 55 gallons or a series of tanks with a total capacity exceeding 100 gallons shall provide secondary containment as set forth in subsection 8 above.

(10.) Propane tanks shall be exempt from these standards.

(B). Sewer lines must be of PVC material and the joints must be sealed.
(C). [Reserved.] (amended by MC 16-5-91)
(D). When pastured animals are confined for winter feeding and the number exceeds 200 animal units, measures shall be employed to contain all waste on site. Winter feeding of pastured animals shall not constitute a feedlot.

11.05 PROHIBITED USES. The following uses shall not be allowed in the Water Source Protection Overlay District:

(A). Sanitary landfill, solid waste transfer facility.
(B). Waste disposal except the spreading of solid and liquid animal waste.
(C). Sewage disposal pond except when in conjunction with an animal feeding operation. In such case, a conditional use shall be required for the disposal pond. (amended by 16-40-98)
(D). Disposal of radioactive waste.
(E). Disposal of snow containing de-icing chemicals.
(F). [Reserved.] (amended by 16-40-98)
(G). Injection well(Class V well).
(H). Petroleum products terminal.
(I). Junk or salvage yard.
(J). Manufacture of a regulated substance.
(K). Unenclosed storage of road salt.
(L). Cemetery.

11.10 RRCO RED ROCK CORRIDOR OVERLAY DISTRICT

(adopted 11/22/2011 MC16-116-11, amended MC16-161-19)

11.10.01 INTENT. The Red Rock Corridor Overly District is a new zoning district which adds development standards and guidelines to the existing base zoning districts. The purpose of this overlay district is to maximize the corridor’s potential development and insure compatibility with the existing and future land uses. This district is intended to increase the quality of development by applying design and development standards developed by County staff and the Red Rock Corridor Task Force.

11.10.02 BOUNDARIES OF DISTRICT. The boundaries of the Red Rock Corridor Overlay District are shown upon the maps which have been made a part hereof by reference. The maps shall be signed by the Chairman of the Board of County Commissioner and Mayor and filed with the County Register of Deeds. The maps shall have the same force and effect as if they were all fully set forth herein.

11.10.03 DEVELOPMENT STANDARDS. The requirements set forth in this section shall apply to any development or redevelopment of property located within the Red Rock Corridor:

(A). Site Plan Approval Required

(1). The purpose of the site plan is to show all information needed to enable Planning Director and the Board of Adjustment to determine if the proposed development meets the requirements of this RRC Overlay District and 1990 Revised Zoning Ordinance.
(2). All non-residential/agricultural development located within the Red Rock Corridor shall require site plan approval. Completed submittals that meet the requirements of this section may be approved administratively by the Planning Director. The Planning Director may waive minor requirements based on site conditions for the given property.

(a). Submittals not able to meet the requirements of this section shall be reviewed by the Board of Adjustment:

(i). A written notice shall be sent to all adjacent property owners no less than ten days prior to the Board of Adjustment’s consideration of a site plan containing a modification or waiver of the requirements.

(3). Information Required. The site plan shall include the following information concerning the proposed development:

(a). Names of all persons having an interest in the property, legal description of property, point of compass, scale, and date.
(b). Applicant’s name, address, project location, proposed land use and present zoning, location and names of adjoining subdivisions, the numbers of the adjoining lots therein and the names and addresses of adjoining landowners.
(c). If the applicant is other than the legal owner, the applicant’s interest shall be stated.
(d). Name and address of persons who prepared the site plan.

(4). Required Illustrations. The site plan shall clearly set forth the following information concerning the proposed development:

(a). Property boundary lines, dimensions, and total area of the proposed development.
(b). The proposed use of building materials, location, size, height, shape, use, elevation, building sign type, and illustration of all buildings or structures in the proposed development.
(c). Location of the proposed on-site wastewater system:

(i). All onsite wastewater systems shall be constructed and operated in conformance with state regulations and with the Minnehaha County On-Site Wastewater Treatment Ordinance. No dumping of any wastewater shall be allowed at the site unless disposed into a properly sized and maintained wastewater system.

(d). The total square footage of building floor area, both individually and collectively in the proposed development.
(e). Existing buildings, rights-of-way, street improvements, railroads, utility easements, drainage courses, streams and wooded areas.
(f). Location, number, dimensions and design of off-street parking in the proposed development, including:

(i). Driveways, islands, and planters.
(ii). Striping and curbs.
(iii). Loading facilities.
(iv). Type and location of lighting.
(v). Surface treatment.

(g). Facilities for the collection and disposal of garbage and trash, and screening structures.
(h). Walls, fences or other artificial screens to be used as buffers shall be shown in elevation and prospective with proposed height and structural material indicated.
(i). Location and type of all plants, grass, trees, or ground cover to be used in the landscape. Landscaping to be used for screening purposes shall be illustrated with the size of trees to be planted clearly indicated. The planting location shall not adversely affect utility easements or service lines. On all site plans the following requirements shall be met:

(i). Implementation. The landscaping plan shall be submitted for approval as part of site plan submittal. The landscaping plan is to show the following information in accordance with the requirements of Section 3.D.

a. Location of trees
b. Size and species of trees
c. Number of each size and species of trees

(ii). Approval of Landscaping. Landscaping is to be in-place at the start of operation. Should completion of landscaping be delayed because of the season of year, extension of time may be granted by the Planning Director.
(iii). Maintenance. All landscaping, buffering and screening shall be maintained at all times to conform to the regulations established in this chapter. Landscaping which is not maintained in a manner consistent with this chapter shall be replaced, as follows:

a. Replacement includes, but is not limited to replacing plants damaged by insects, soil conditions, disease, vehicular traffic, vandalism, and acts of nature.
b. Replacement landscaping shall be installed following notification by the Planning Director that a violation of this chapter has occurred, or proper guarantees provided.

(B). Exterior Building Materials

(1). Color

(a). Exterior colors shall be low reflectance, subtle, and of earth tone colors. The use of high intensity, fluorescent colors is prohibited.

(C). Signs

(1). On-premise signage within the Red Rock Corridor shall be regulated in conformance with the provisions of Article 16.00, except for all signs shall have a maximum height of 10 feet or as regulated, whichever is less.
(2). Off-premise signage within the A1 Agricultural, RC Recreational, C Commercial, and Industrial zoning districts within the Red Rock Corridor shall be regulated in conformance with the following:

(a). A maximum sign area of 32 square feet on County and State
Highways, and 16 square feet on all other roads.
(b). There shall be no more than one sign face per direction of facing.
(c). Spacing requirements.

(i). A sign shall not be within a 500 foot radius of any other off-premise sign intended to be read from the same right-of-way.
(ii). The sign shall not be within a 300 foot radius of any other off-premise sign intended to be read from a different right-of-way.
(iii). No off-premise sign shall be located within 500 feet of a residential dwelling located on a different parcel.
(iv). All spacing measurements in this subsection shall refer to a measurement made along the edge of the right- of-way and shall apply only to structures located on the same side of the highway. (v). These spacing provisions do not apply to signs separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the road right-of- way at any one time.

(d). A maximum height of 10 feet.
(e). A sign shall not be illuminated nor shall blinking or flashing lights be used.
(f). Signs shall not have moving parts or have the illusion of motion as part of the sign.

(3). Maintenance and Removal. Every sign shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period the County may remove such sign at the owner’s expense.
(4). Permit Fees. Every applicant, before being granted a permit, shall pay a fee. For any sign erected or placed without a permit, the fee shall be double the established fee.

(D). Buffer Requirements

(1). A buffer or other form of visual screening shall be provided when certain identified land uses or districts abut other identified land uses or districts:

(a). The uses or districts necessitating a buffer as defined in this section are identified in Table 1. A buffer should be provided between any nonresidential and residential use, except for when agricultural and residential uses abut.
(b). Any outdoor storage area and/or garbage storage.

(2). Where required, the buffer shall consist of the widths identified in Table 1 and Table 2. Materials required in each buffer are identified in Table 3.
(3). For each bufferyard, the required materials in Table 3 shall be spaced evenly on center to the length of the required bufferyard.

TABLE 1: Bufferyards (width in feet)
Neighboring Use
Developed Use	Agricultural	Residential	Commercial	Industrial
Agricultural
Residential
Commercial		30	15	10
Industrial		40	20	15

*All commercial uses which are allowed within the industrial zoned areas must meet the requirements set forth within the industrial zoning districts.

TABLE 2: SPECIFIC USE BUFFERYARDS (WIDTH IN FEET)
	Neighboring Use
Developed Use	Parks	Schools
Agricultural
Residential
Commercial	30	30
Industrial	40	50

TABLE 3: BUFFERYARD MATERIALS
Buffer Width	Required Materials Per 100 Linear Feet*
10 feet wide	4 trees
15 feet wide	5 trees
20 feet wide	6 trees
25 feet wide	7 trees
30 feet wide	8 trees
35 feet wide	9 trees
40 feet wide	10 trees
50 feet wide	12 trees

(E). Fencing

(1). The location of the fence within the bufferyard shall be determined between the applicant and the adjacent property owners.
(2). The “good side” of the fence shall always face the adjacent properties.
(3). The fence shall be 6 feet in height, opaque and constructed of treated wood, Polyvinyl Chloride (PVC), galvanized or vinyl coated chain link fence with privacy slats of an earth tone color (90% Opacity Required). Posts shall be anchored appropriately for material used, and designed to support fence height.

(F). Lighting

(1). All lighting used for illumination outdoors shall be arranged so as to deflect light away from any adjoining property and from public streets through full cut-off fixture type and location (i.e. there should be no light trespass).

(G). Parking

(1). All parking within the Red Rock Corridor shall be regulated in conformance with the provisions of Article 15.00.
(2). The Planning Director may require a buffer if vehicle headlights from any vehicles entering, parking, standing, or exiting would shine onto residentially used property. If the site cannot be screened from residentially used property, the hours of operation may be restricted to preclude operation between the hours of 10:00 p.m. and 6:00 a.m., or any portion thereof as determined by the Planning Director.

11.10.04 VARIANCE. Application for a variance may be made to the Zoning Board of Adjustment as outlined in Article 21.00 of this ordinance.

11.50 EO EROS OVERLAY DISTRICT

(adopted 1/10/12 MC16-117-12)

11.50.01 INTENT. This district is intended to preserve a clear line of sight for satellite operations at the Earth Resources Observation and Science (EROS) Center. Restrictions shall apply to land use activities which have the potential to interfere with the Center’s ability to support satellite missions.

The EROS Overlay District is superimposed on all zoning districts established by this ordinance. It is not intended that these regulations interfere with, abrogate, or annul any other rules or regulations of this ordinance, except that if the EROS Overlay District imposes a greater restriction than the underlying zoning district regulations, they shall control.

11.50.02 BOUNDARIES OF DISTRICT. The boundaries of the EROS Overlay District are shown upon the map which has been made a part hereof by reference. The map shall have the same force and effect as if it were set forth herein. A copy of the map is on file with the Register of Deeds.

11.50.03 HEIGHT RESTIRCTIONS.

Area A. No structure shall exceed 35 feet in height, as measured from ground level.
Area B. No structure shall exceed 65 feet in height, as measured from ground level.
Area C. No structure shall exceed 100 feet in height, as measured from ground level.
Area D. No structure shall exceed 200 feet in height, as measured from ground level.
Area E. No structure shall exceed 300 feet in height, as measured from ground level.
Area F. No structure shall exceed 450 feet in height, as measured from ground level.

11.50.04 VARIANCE. Application for a variance may be made to the Zoning Board of Adjustment as outlined in Article 21.00 of this ordinance.

11.50.05 GENERAL REGULATIONS. Where the regulations of EROS Overlay District and any other rules and regulations conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

11.50.06 NOTIFICATION. EROS Data Center shall be noticed by certified mail of all height variance applications within boundaries of the EROS Overlay District. Notification shall be made by the applicant and proof of mailing submitted to the Planning Department prior to the Zoning Board of Adjustment meeting.

12.00 ADDITIONAL USE REGULATIONS

(amended by MC16-161-19, MC16-168-20)

12.01 FENCES. Regulations regarding fences shall be as follows:

(A). Fences up to four feet in height may be located on any part of the lot except that such a fence may not be more than 30 percent solid if located within 30 feet of a street intersection, measuring along the property line.
(B). Fences up to six feet in height may be erected on those parts of a lot that are as far back or farther back from the street than the main building.

EXCEPTION: Fences up to six feet in height may be placed in the side-street- side front yard where:

(1). The side-street-side front yard abuts an arterial street shown on the major street plan.
(2). The side-street-side front yard is not adjacent to a side yard.
(3). The fence is located no closer to the front yard than the rear wall of the main building.

12.02 WIND ENERGY CONVERSION SYSTEMS. The regulations regarding Wind Energy Conversion Systems (WECS) shall be as follows: (amended MC16-94-07 MC16-110-10 6-28-10)

(A). Intent
The intent of regulations for Wind Energy Conversion Systems is to encourage the development of alternative sources of energy while protecting the health, safety and welfare of the public.
(B). Accessory WECS
The applicant shall provide to the Planning Director documentation that the tower structure for the system has received a professional structural engineer’s certification.

1). Height.
WECS are exempt from the maximum height requirements of this Ordinance.
2). Setbacks

a). The setback for an accessory WECS shall be a minimum of fifteen (15) feet from the properly line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the WECS is affixed by any extension to the side, roof or other elevated surface the setback shall be the same. The setback shall be measured from the furthest outward extension of all moving parts.
b). An accessory WECS not attached to a structure shall be setback a distance equal to its total height from:

1. any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
2. any overhead utility lines, unless written permission is granted by the affected utility;
3. all property lines, unless written permission is granted from the affected land owner.

3). Illumination and Security

(a). Illumination and markings shall be limited to the requirements of the FAA. There shall be no lights on the tower other than what is required by the FAA. FAA approved red lights shall be used from dusk till dawn.
b). All ground mounted electrical and control equipment shall be secured to prevent unauthorized access. Tower design shall not provide step bolts or a ladder readily accessible to the public for a minimum of eight (8) feet above ground.

4). Noise
The noise level of the WECS shall not exceed 50 dB(A) as measured at any property line or the WECS shall not create noise beyond the lot containing the WECS which exceeds 60 dB(A) as measured the nearest occupied structure.
5). Signs
One sign, not to exceed four (4) square feet, shall be posted at the base of the tower and display suitable warning of danger to unauthorized persons, the system’s manufacturer, and emergency shut-down procedures. No other signage shall be allowed.
6). Electromagnetic interference
If a WECS is installed in any location along or within the major access of an existing microwave communications link, the person desiring to install the WECS shall be required to provide a letter from the business whose link they are within or adjacent to stating that the business whose link is affected would have no objection to the installation of the WECS.
7). Air space
A WECS shall be located or installed in compliance with the guidelines of the Federal Aviation Administration Regulations with regard to Airport Approach Zones and clearance around VOR stations.
8). Interconnect.
The WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company.
9). Appearance.
The accessory WECS shall be galvanized or earth tone colored and be non-reflective.

C). Commercial WECS
Commercial WECS shall be permitted only on lands zoned A-1 Agricultural, C
Commercial, I-1 or 1-2 Industrial, or RC Recreation/Conservation.

1). Equipment Design

Tower
The tower(s) shall be of tubular steel construction.

Color
The color of the turbines and equipment buildings shall be unobtrusive and non-reflective with a galvanized or matte finish.

Height
(a). The lowest portion of the blade shall be at least thirty (30) feet above the ground and thirty (30) feet above the highest existing structure within a radius of two hundred fifty (250) feet.
(b). WECS are exempt from the maximum height requirements of this Ordinance.

Distribution Lines/Power Poles
All on-site electrical wires associated with the WECS shall be installed underground and maintained in conformance with the National Electric Safety Code or other applicable codes.

2). Setbacks

(a.) WECS shall be set back 2x the total WECS height from any exterior property line.
(b). WECS shall be set back 1 .25x the total WECS height from the right of-way line of any public road or highway.
(c.) WECS shall be set back 3X the total WECS height from any occupied structure. A reduced setback shall be considered only with written approval from the owner of the occupied structure. (amended MC16-110-10 6-28-10)

3). Illumination and Security

(a). Illumination and markings shall be limited to the requirements of the FAA.FAA approved red lights shall be used from dusk till dawn.
(b). Each turbine shall be equipped with a braking system and blade pitch control.
(c). All guy wires shall be distinctly marked.
(d). Signs warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower.
(e). Anti-climbing devices shall be installed on each tower.

4). Noise
The noise level of the WECS shall not exceed 65 dB(A) as measured at any property line.

5). Signs

(a). No advertising signs or logos shall be permitted on the WECS.
(b). One (1) project identification sign, not to exceed twenty (25) square feet, shall be allowed.

6). Inoperable or Unsafe WECS/Site Reclamation

(a). Unsafe commercial WECS, inoperable commercial WECS, and commercial WECS for which the permit has expired shall be removed by the owner. All safety hazards created by the installment and operation of the WECS shall be eliminated and the site shall be restored to its natural condition to the extent feasible. A bond or other appropriate form of security may be required to cover the cost of removal and site restoration.
(b). A Commercial WECS shall be deemed inoperable if it has not generated power for 12 consecutive months.

7). Roads

a). Public Roads. Prior to commencement of construction, the permittees shall identify all state, county or township “haul roads” that will be used for the WECS project and shall notify the governing body having jurisdiction over the roads to determine if the hauls roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the WECS. Where practical all-weather roads shall be used to deliver concrete, turbines, towers, assemble nacelles and all other heavy components to and from the turbine sites.

The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the WECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the County Planning Department of such arrangements.

b). Turbine Access Roads. Construction of turbine access roads shall be minimized. Access roads shall be low profile roads so that farming equipment can cross them and shall be covered with Class 5 gravel or similar material. When access roads are constructed across streams and drainage ways, the access roads shall be designed in a manner so runoff from the upper portions of the watershed can readily flow to the lower portion of the watershed.

c). Private Roads. The permittee shall promptly repair private roads, easements or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.

d). Dust Control. The permittees shall utilize all reasonable measures and practices of construction to control dust.

8). Soil Erosion and Sediment Control Plan.
The permittees shall develop a Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County Planning Department. The Soil Erosion and Sediment Control Plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction and drainage of roads and turbine pads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.

Application Contents
Every application for a commercial WECS permit shall include the following information:

a). Name and address of the applicant.
b). Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.
c). A plot and development plan drawn in sufficient detail to clearly describe the following:

i) Physical dimensions and locations of the property, existing structures, and proposed structures.
ii) Location of electrical lines and facilities.
iii) Existing topography.
iv) Proposed grading and removal of natural vegetation.
v) Wind characteristics and dominant wind direction is the direction from which 50 percent or more of the energy contained in the wind flows.
vi) Setbacks.
vii) Ingress and egress identifying the following factors:

1. Location and distance to the nearest publicly maintained road;
2. A description of the access route from the nearest publicly maintained road to include:

a. Road surface material stating the type and amount of surface cover;
b. Width and length of access route;
c. Dust control procedures;
d. A road maintenance schedule or program.
e. Utilization of the property under the requested permit.

d). Utility interconnection data and a copy of written notification to the utility of the proposed interconnection.
e). Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each WECS model, tower and electrical transmission equipment.
f). A location map to scale of all occupied structures within ½ mile of the boundary of the property upon which the WECS are to be located. (amended MC16-110-10 6-28-10)
g). If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed WECS and accessory structures.
h). An application including any WECS which is located within a 100-year flood plain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts.
i). An application including any WECS which is located within two miles of any microwave communications link shall be accompanied by a copy of written notification to the operator of the link.
j). The types and quantities of wastes, fluids, or pollutants that are proposed to be handled, processed, treated, stored, disposed of, emitted,
or discharged at each vessel containing fluid and for the entire project.
k). Project schedule with anticipated construction date and completion date. (amended MC16-110-10 6-28-10)
l). A Staging Area Plan depicting properties where materials and construction equipment will be stored during the installation process. (amended MC16-110-10 6-28-10)
m). A Shadow Flicker Analysis shall be submitted for any occupied building with direct line-of-sight to a tower. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sun-rise to sun-set over the course of the year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flickers on a building shall not exceed thirty (30) hours per year. (amended MC16-110-10 6-28-10)
n). Such additional information as shall be required by the Planning Director. (amended MC16-110-10 6-28-10)

(D). Application Review

1) Administrative Review
An Accessory WECS shall require an administrative review.

The Planning Director will make a decision to approve or deny within fifteen (15) days of submittal or the application is deemed approved. If a third-pa technical study is required, a decision to approve or deny an application may be postponed until the study is complete. Any decision to deny a request to place, construct or modify facilities must be in writing and include specific reasons for the action. The Planning Director’s decision can be appealed by the applicant within five (5) working days to the Planning Commission.

2) Conditional Use Permit
A conditional use permit is required for a Commercial WECS.

3) Technical Issues and Expert Review.

Wind Energy Conversion Systems may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Planning Director may require the applicant to pay reasonable costs of a third- party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the County.

4) Building Permit.

Administrative and Conditional Use Permit approval of Wind Energy Conversion Systems is separate from the building permit process. Building permits for the construction of facilities can not be issued until the facility is approved through the administrative or conditional use permit process.

(amended by MC16-53-00)
12.03 HOME OCCUPATIONS. It is deemed appropriate to allow limited nonresidential activities to operate in conjunction with a residence in those zoning districts where residential dwellings are permitted, provided the regulations protect the character and integrity of the unincorporated area.

The objective of these regulations is to allow limited commercial type activities associated with a residence only to the extent that the activity is clearly subordinate to the residential or agricultural use of the property. Due to the diverse pattern of development in the rural area, the regulations provide for both minor and major home occupations. Uses defined in the Conditional Uses sections of the C Commercial District 6.00, I-1 Light Industrial District 7.00, I-2 and Heavy Industrial District 8.00; storage units, warehousing, repair services, and extensive and intensive retail uses as defined by the Minnehaha County Land Use Code shall not be allowed as a home occupation. (amended MC16-126-13 2/19/13)

12.0301 Minor Home Occupation. In all zoning districts permitting residential dwellings, minor home occupations in compliance with each of the following standards are permitted as accessory uses. Due to their incidental and residential nature, minor home occupations are relatively common accessory uses which are not easily detectable and are not reasonable or desirable to regulate through a conditional use permit.

1) The occupation shall be conducted entirely within a dwelling and clearly incidental to the use of the structure for residential purposes.
2) There shall be no change in the outside appearance of the dwelling or any visible evidence of the conduct of the occupation.
3) Only residents of the dwelling shall be employed by or participate in the occupation.
4) The storage of equipment, vehicles, or supplies associated with the occupation shall not occur outside the dwelling. Accessory buildings or structures shall not be used for storage.
5) There shall be no display of products visible in any manner when viewed from outside the dwelling.
6) No more than one freestanding and one wall sign is allowed per minor home occupation. The total sign area of all signs on the property is limited to 16 square feet. (amended MC16-161-19)
7) The occupation shall not require internal alterations or involve construction features not customary in a dwelling. External alterations intended to create a separate entrance or other feature exclusively for the occupation is prohibited.
8) There shall be only limited and incidental sale of products conducted on the premise.
9) The occupation shall not generate more than four (4) visits per day from clients or customers averaged over a period of seven (7) consecutive days.
10) The occupation shall not result in additional off-street parking spaces for clients or customers.
11) Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited.
12) No equipment or process shall be used in the occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property.
13) No equipment or process shall be used in the occupation which creates visual or audible electrical interference in any radio or television receiver or causes fluctuations in line voltage off the property.
14) The number of deliveries generated by the occupation shall not significantly affect the character of the area. Delivery vehicles shall be limited to auto, pick up, or typical delivery service truck.
15) The structure shall meet the standards of the adopted building code. (amended MC16-126-13 2/19/13)

12.0302 Major Home Occupation. It is recognized that home occupations which exceed the requirements of Section 12.0301 may be appropriate in a low density residential setting or if associated with an agricultural use. For the purpose of this ordinance, such uses are classified as either a Class 1 or Class 2 major home occupation, and shall be evaluated giving consideration to the following criteria:

(A) Class 1:

(1) The occupation shall be conducted entirely within a dwelling or accessory building and clearly incidental to the use of the structure for residential purposes.
(2) The occupation shall be operated by a member of the family residing in the dwelling.
(3) Employees of the occupation shall be limited to residents of the dwelling and up to two (2) non-resident employees, not to exceed four (4) employees on site.
(4) Accessory Building Square Footage

i. For land located in a residential zoning district; or a parcel of 5 acres or less; up to 1,200 square feet of accessory building area may be used for the home occupation.
ii. For a parcel of 5.01 acres -10.00 acres size up to 1,800 square feet of accessory building area may be used for the home occupation.
iii. For a parcel of 10.01 acres or larger in size up to 2,400 square feet of accessory building area may be used for the home occupation.. (amended MC16-126-13 2/19/13)

(5) The occupation shall not create noise which, when measured off the property, exceeds 60 decibels between the hours of 8:00 a.m. and 6:00 p.m. The occupation shall not create noise which is detectable to the normal sensory perception off the property between the hours of 6:00 p.m. and 8:00 a.m. These off the property noise standards shall not apply to public and railroad rights-of-way.
(6) The occupation shall not create vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the property.
(7) No outside storage, display of goods or merchandise, or external evidence of the occupation shall occur except as outlined in this section.
(8) Signs shall be placed according to article 16.05 SPECIAL SITUATIONS. (I). SPECIAL USE SIGNS. (amended by MC16-161-19)
(9) The occupation shall not generate more than 10 visits per day from clients or customers averaged over a period of seven (7) consecutive days.
(10) There shall be only limited and incidental sale of products conducted on the premise.
(11) The number of deliveries generated by the occupation shall not significantly affect the character of the area. Delivery vehicles shall be limited to auto, pick up, or typical delivery service truck.
(12) The structure shall meet the standards of the adopted building code. (amended MC16-126-13 2/19/13)

(B) Class 2:

(1) The occupation shall be conducted in a dwelling or agricultural building accessory to the dwelling which comprise the headquarters for the agricultural use, and such agricultural use is conducted on one or more parcels of land with a total area of at least one-half of a quarter section or equivalent area which must be contiguous to or in close proximity to the headquarters.
(2) The occupation shall be clearly secondary to the principal use of the land for agricultural purposes.
(3) The owner or occupant of the dwelling shall be engaged in the occupation.
(4) The occupation shall have no more than five (5) employees, including residents of the property.
(5) The occupation shall be conducted within a completely enclosed building typical of farm buildings. Such building shall be located behind the dwelling, or shall be located at least 200 feet from the nearest road right-of-way.
(6) All materials, supplies and products associated with the occupation shall be stored within a building or if open storage of materials or equipment is required it shall be concealed with appropriate screening or landscaping.
(7) Signs shall be placed according to article 16.05 SPECIAL SITUATIONS. (I). SPECIAL USE SIGNS. (amended by MC16-161-19)
(8) The use shall cease operating when the property is no longer in conformance with Section 12.03.02 (B) (1).
(9) The structure shall meet the standards of the adopted building code. (amended MC16-126-13 2/19/13)

12.0303 Major Home Occupation – Permit Procedure. A conditional use application is required for a major home occupation in accordance with the requirements of Article 19.00. The application shall be evaluated and conditions established using the criteria in Section 12.0302 (A) or (B).

12.0304 Minor Home Occupation – Permit Procedure. A zoning permit is required for a minor home occupation in accordance with the requirements of Article 23.00. The application shall be evaluated and conditions established using the criteria in Section 12.0301. (amended MC16-126-13 2/19/13)

12.04 MINERAL EXPLORATION & DEVELOPMENT. The regulations regarding mineral exploration and development shall be as follows:

(A). Exploration for minerals may be approved by Conditional Use
only as long as the following minimum requirements are met:

(1). The applicant shall provide:

(a). A description of the mineral or minerals which are the subject of the exploration.
(b). Maps showing the general area within which the exploration operation will be conducted.
(c). A detailed description of the regional environmental conditions, to include surface land use and vegetation, as well as a detailed description of the area’s geologic formations and hydrology from the best available scientific sources.
(d). Maps indicating the location of the drill sites to the nearest section of land, a technical description of the exploration process, the types of equipment to be used, and the estimated time table for each phase of work and for final completion of the program.
(e). A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the proposed exploration.
(f). A description of the proposed plan to address the identified environmental impacts to include all measures to be taken to prevent soil erosion, water contamination, air contamination, disruption of the areas ecological balance and any other related hazard to public health and safety.
(g). A plan for reclamation of the land to its original condition after exploration is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources and the proposed future use of the lands explored and adjacent lands. The reclamation plans include :

— reclamation schedule
— methods of plugging drill holes
— methods of severing and returning topsoil and subsoil.
— methods of grading, backfilling and contouring of exploration sites and access roads
— methods of waste management and disposal, including liquid and solid wastes
— methods of revegetation

(h). A surety performance bond in an amount to be determined by the City and County Commissions to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of the affected ground and surface waters. The amount shall be set by the City and County Commissions based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after exploration has ceased unless the Commissioners find for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the surety bond may be reduced by the commissioners, if a bond is held by the State of South Dakota for the same purpose, by the same amount of the latter bond.

(2). The applicant shall identify specific phases when monitoring and inspection of the exploration activities shall be conducted by city, county, state, federal or independent personnel to assure compliance with all applicable rules and regulations. If a conditional use permit is granted, the permit shall identify such inspection agency and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the Commissioners.

(3). A Conditional Use shall be issued only after all of the conditions specified herein have been met. Evidence of violation of the regulations, including but not limited to air and water contamination, shall be cause for an immediate cessation of exploration activities.

(B). Mineral extraction and/or mining may be approved by Conditional Use only as long as the following minimum requirements are met:

(1). The Applicant shall provide:

(a). A description of the mineral or minerals to be mined or milled.
(b). Maps showing the area within which the mining or milling operations will be conducted.
(c). A description of the surface land use and vegetation, as well as a description of the nature and depth of the top soil and subsoil.
(d). An environmental assessment which establishes base line conditions for radioactive intoxicant materials and air, ground and surface waters, soils, vegetation and animals.
(e). A description of the overburden, mineral seams, and other geologic formations, their conductivities and hydraulic gradients, known to exist above the deepest projected depth of the mining operation.
(f). A description of the hydrology to the deepest projected depth of the mining operation, including mapping of the depth, water table level, extent, and flow characteristics of ground water and aquifers for the hydrologic regime of the ground water and drainage basins affected by the mining or milling operation.
(g). A technical description of the mining or milling, types of equipment to be used, detailed site plan of all anticipated construction, an estimated timetable for each phase of work and for final completion of the program, a statement of source, quality, and quantity of water to be used in the mining or milling operations, as well as the chemical and radioactive characteristics of all mined or milled products, waste products, and emissions to the environment.
(h). A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the mining or milling operations.
(i). A description of the proposed plan to address the identified environmental impacts to include:

— methods of separating the topsoil, subsoil, and soil piles, protecting them from erosion before reclamation begins, and keeping the topsoil free from acid or toxic materials.
— plan for insuring that acid forming or toxic materials constituting a hazard uncovered or created during mining or milling are promptly treated in a manner to prevent water and air contamination.
— measures to maintain the quantity and quality of ground and surface water, hydrologic balance, productivity of farmland, and soil and water recharge capacity.
— procedures to prevent water and air contamination through radioactive or toxic seepage of runoff from tailings, ponds, mine wastes, mine dewatering discharge, or other mining and milling related operations.

(j). A plan for the reclamation of the land after mining is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources, and the proposed future use of the lands mined and adjacent lands, and shall include:

— a reclamation schedule
— methods of grading, backfilling and contouring of disturbed areas and access roads.
— methods of waste management and disposal, including liquid and solid wastes
— methods of revegetation.

(k). A surety performance bond in an amount to be determined by the City and County Commissions to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of affected ground and surface waters. The amount shall be set by the City and County Commissions based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after mining and milling has ceased unless the Commissioners find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the bond may be reduced by the Commissioners if a bond is held by the State of South Dakota for the same purpose, by the same amount of the latter bond.

(2). The applicant shall identify specific phases when monitoring and inspection of the mining and milling process shall be conducted by city, county, state, federal or independent personnel to assure compliance with all applicable rules and regulations. If the Conditional Use is granted, the permit shall identify the inspection agency and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the Commissioners.
(3). A Conditional Use shall be issued only after all conditions specified therein have been met. Evidence of violation of the regulations, including but not limited to air and water contamination, shall be cause for an immediate cessation of the mining and milling.

(C). Solution mining and/or in situ mining of an ore body with the circulation of chemicals through injection and recovery wells for minerals is prohibited.

12.06 MOBILE HOMES/MANUFACTURED HOMES. Regulations regarding mobile homes and manufactured homes shall be as follows:

(A). A park intended for the placement of mobile homes and manufactured homes on rented lots and where the roads are not publicly dedicated shall meet the following minimum standards:

(1). A plan shall be prepared showing the layout of the park, including lot lines, the road system and spacing diagram for all structures. Upon approval of the conditional use for the park, the plan shall be filed in the Office of Planning and Zoning and govern all future development.
(2). Each lot shall have a minimum size required for the zoning district in which the park is located. However, a smaller lot size may be approved as part of the conditional use.
(3). No dwelling or any structure, addition, or appurtenance thereto shall be located less than the minimum setback required by the district in which the park is located. The setback requirements may be changed as part of the approval of the conditional use.
(4). Each lot shall abut or face a clear unoccupied space, roadway, or street having a width of at least 34 feet where parking is permitted on both sides, 27 feet in width where parking is restricted to one side only and 24 feet wide where parking is prohibited, or be connected to such street or roadway by a private driveway not less then 12 feet in width, serving no more than four lots. A hard surfaced material shall be used on all roadways except in the RR District, in which case gravel may be used.
(5). The park shall be a minimum of 10 acres in size.

(B). A subdivision for mobile homes and manufactured homes shall be required to meet the subdivision regulations and the density, area and yard requirements for the district in which it is located. The subdivision shall be a minimum of 10 acres in size.

(C). A manufactured home may be considered for a conditional use as specified in the district regulations only if the following requirements are met:

(1). The structure shall have been constructed on or after July 15, 1976.
(2). The exterior dimensions of the structure, measured by excluding overhangs, shall not be less than 22 feet wide at its narrowest side. (amended MC16-168-20 9/29/20)
(3). The structure shall be supported by a frost protective foundation system meeting the requirements of 24 CFR Part 3285 Subpart D- Foundation. (Note: Each home is supplied with these requirements in the home’s owner manual) (amended MC16-168-20 9/29/20)
(4). The Home shall be enclosed below the floor with an enclosure of weather-resistant materials provided with protection against weather deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz. per square foot of surface coated. (amended MC16-168-20 9/29/20)
(5). The roofing and siding material shall be consistent with the material used in site-built dwellings.
(6). The roof pitch shall not be less than a 3 in 12 slope.

(D). Mobile homes which are nonconforming uses may be replaced with another such structure by making application for a conditional use. The compatibility of the replacement dwelling with neighboring dwellings shall be considered in reviewing the conditional use request.

(E). A mobile home or manufactured dwelling may be located temporarily on land owned by the occupant during the construction of a dwelling. Placement shall not occur until construction has actually commenced. The unit shall be removed after one year or upon completion of the dwelling, whichever occurs first.

(F). All mobile homes and manufactured homes as defined in Article 26.00 must be located in conformance with these requirements.

12.07 ACCESSORY BUILDING AND USES. The regulations regarding accessory buildings and uses shall be as follows:

(A). Limited Use. Accessory buildings and uses are buildings and uses customarily incident to any of the permitted uses in the district in which it is located. In the A- 1, RC, RR and R-1 districts, accessory buildings and uses are limited to:

(1). A noncommercial greenhouse that does not exceed in floor area 25 percent of the ground floor area on the main building.
(2). A private residential garage used only for the storage of noncommercial vehicles and other related material.
(3). Tennis court, swimming pool, garden house, pergola, ornamental gate, barbeque oven, fireplace, and similar uses customarily accessory to residential uses.
(4). Home occupation in conformance with Section 12.03. (amended by MC16-55- 01, MC16-152-18)
(5). Temporary storage and distribution of seed and similar type products provided the use is located within a farmstead, the product is stored within a completely enclosed building typical of farm buildings and the use is limited to the seasonal sale of products from the premises. (amended by MC16- 55-01)
(6). A pen, run, cage, hutch, enclosure, or coop serving to house or confine fowl. (amended by MC16-139-14)

(B). Time of Construction. No accessory buildings shall be constructed upon a lot until the construction of a main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used. Accessory buildings may not be used for dwelling purposes.
(amended by MC16-55-01)

(C). Setback Requirements.

(1). Accessory buildings which are attached to or located within 10 feet of the main building shall be considered a part of the main building and shall comply with the same yard requirements as the main building.
(2). Accessory buildings not a part of the main building, when located in the required rear yard, shall be no closer than three feet to the side and rear property lines.
(amended by MC16-55-01)

(D). Accessory buildings shall not occupy more than thirty (30) percent of the rear yard, subject further to the following limitations: (amended by MC16-55-01)

(1). In the A-1 and RC Districts, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 4. Total Permissible Area of Accessory Buildings when such buildings are located in a subdivision of more than four (4) lots unless a conditional use has been approved.
(2). In all Residential Districts, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 4. Total Permissible Area of Accessory Buildings unless a conditional use has been approved.
(3). In a Planned Development District, the total area of accessory buildings shall be limited based on the size of the parcel as depicted in Table 4. Total Permissible Area of Accessory Buildings unless a minor amendment has been approved. (amended by MC16-55-01)

TABLE 4: Total Permissible Area of Accessory Buildings
Size of Parcel	Total Permissible Area of Accessory Building Footprint
1.0 acres or less	1,600 Square Feet
1.1 to 3.0 acres	2,400 Square Feet
3.1 acres or more	3,600 Square Feet

(E). Intermodal Shipping/Storage Containers. An intermodal shipping/storage container larger than 120 square feet in size and placed on a parcel for longer than 90 days, or used as a building component, is a permanent accessory building allowed in the following manner: (amended by MC16-180-23)

(1). General requirements for permanent freestanding intermodal shipping/storage containers:

(a). All other accessory building rules and setback requirements must be met.
(b). An engineered design for a foundation and anchorage system of the wall to the foundation must be provided when a permanent intermodal shipping/storage container meets or exceeds any of the following criteria:

1. Exceeds 320 sq. ft. in floor area; or
2. Exceeds 10 feet in height; or
3. Is used for any purpose other than as a private storage building; or
4. Is accessed by the public; or
5. Must meet conditions attached to approval of any conditional use permit.

(c). Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.
(d). No permanent freestanding intermodal shipping/storage container may be placed on a parcel without a principal building.
(e). Any intermodal shipping/storage container placed before the effective date of this ordinance must comply with the provision of this ordinance if the intermodal shipping/storage container is to remain longer than 90 days.

(2). General requirements for intermodal shipping/storage containers used as building components.

(a). An engineer must evaluate the plans for compliance with minimum site-specific wind, snow, flood, and seismic load requirements any time one or more shipping containers are used as components of a structure.
(b). Structure must comply with any zoning and setback requirements for the zoning district.
(c). Any exposed portion of an intermodal shipping/storage container must be painted or covered to prevent corrosion and to cover any words visible from the outside.

(3). In A1- Agriculture and RC Recreation Conservation Zoning Districts:

(a). Parcels three acres or less in size are limited to no more than one intermodal shipping/storage container to be permitted on a parcel unless a conditional use permit is obtained to allow additional intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
(b). Structures must comply with any zoning and setback requirements for the zoning district.

(4). In all Residential Zoning Districts, no more than one intermodal shipping/storage container shall be permitted on a parcel unless a conditional use permit is obtained to allow additional freestanding intermodal shipping/storage containers or to utilize one or more intermodal shipping/storage containers as components of a structure.
(5). In all Industrial and Commercial zoning districts, permanent freestanding intermodal shipping/storage containers must be placed behind the principal building or behind a six feet tall opaque privacy fence, unless the intermodal shipping container is used in whole or as component of the principal building.
(6). A free standing intermodal shipping/storage container may be placed temporarily in any zoning district for longer than 90 days while an active building permit is issued for the property.

12.08 ROCK, SAND AND GRAVEL EXTRACTION

(A). Intent.

This section addresses the application, review and regulation of extraction and on- site processing of rock, sand and gravel. An applicant must meet certain requirements as specified in Subsection C when filing for a conditional use in addition to the general requirements contained in other sections of the zoning regulations.

The developmental and operational criteria contained in Subsection G are intended to assist in the formulation of conditions to be imposed on individual extraction operations. The criteria have been designed to eliminate potential health risks and minimize the adverse impact on other land uses due to extraction operations.

The County will have the discretion of requiring more or less stringent conditions based upon the location of a proposed operation. It is also recognized that such operations will not be appropriate throughout all areas of the County.

(B). Submission of Application.

The application for rock, sand or gravel extraction shall be filed with the Planning Office on the prescribed conditional use form at least 30 days in advance of a regularly scheduled Planning Commission meeting.

(C). Application.

The conditional use application shall be accompanied by the following:

(1). Maps showing the area within which the extraction operations will be conducted, including areas to be disturbed, setbacks from property lines, and the location of all structures, equipment and access and haul roads.
(2). A description of the surface land use and vegetation, including all pertinent physical characteristics.
(3). A hydrologic study which shall include all available information from the State Geological Survey and other information pertinent to the application. If the applicant believes a study is not warranted, documentation shall accompany the application in support of this position.
(4). A reclamation plan which takes into consideration the criteria listed in Subsection G – reclamation.
(5). The applicant shall meet with the township supervisors of the affected township to discuss repair and maintenance responsibilities on township roads to be used as haul routes. A summary of the meeting(s) shall be presented with the application.

(D). Fee.

If a conditional use is granted, the operator shall pay to the County an annual fee of $10 per acre of land which is being disturbed by the extraction activities and has not been reclaimed. The fee shall be used to defray the direct and indirect costs associated with general administration and enforcement of this section. The fee shall be payable by January 20th of each year and deposited in the general fund of the County. The disturbed land area existing on January 1 of each year shall be used in calculating the fee.

(E). Notification Requirements.

In addition to the notification requirements of Article XXII Section 4(B), the Planning Director shall notify by U.S. mail all property owners of record within one mile of the proposed conditional use area or the owners of the thirty properties nearest to the affected property, whichever affects the least number of owners, of the time, date, place and purpose of the public hearing. The notice shall be mailed not less than 15 days prior to the public hearing.

(F). [Reserved.]

(G). Developmental and Operational Criteria.

The following criteria shall be considered in developing conditions for applications involving rock, sand and gravel extractions. More stringent requirements may be imposed by the County or the applicant may present arguments to relax the requirements based on specific characteristics of the site.

Buffer Area.

(1). A minimum distance of 1000 feet should be maintained between an existing residence and a rock, sand or gravel operation, except in those instances when the operator secures a waiver from the affected landowner.

Hours of Operation.

(1). Monday thru Friday – 7:00 A.M. to 6:00 P.M., Saturday – 8:00 A.M. to 12:00 noon. Operations should not be conducted on legal holidays. Activities such as office or maintenance operations which produce no noise off-site should not be restricted by the hours of operation.
(2). Blasting should be scheduled on weekdays at 12:00 noon. There should be no blasting on legal holidays. Area residents should be notified of the date and time of each blast.

Visual Considerations.

(1). Earth berms and vegetation should be employed to minimize visual impacts and reduce the effects of noise.
(2). The need for and placement of berms should be determined by the orientation and position of the excavation site with respect to residences and roadways. Berms should be located in such a way as to restrict the public’s view of the property. Consideration should be given to placing the berms as close to the public point of view as practical. Generally, berms should be six feet in height and seeded immediately after construction to avoid soil erosion. Berms should be maintained and kept reasonably free of weeds.
(3). The operator should work with the County Conservation District and Planning Director to develop a planting program. Consideration should be given to planting one or more of the following: evergreen, Russian olive, ash, caragana, crab apple, lilac and buffalo berry. The plants should be properly cared for to ensure the highest survival rate and all dead plants replaced during the current planting season. As a minimum, the program should include trees of varying maturity. The planting program should be reduced to writing and kept on file in the Planning Office.
(4). At a minimum, berms should be constructed prior to blasting or the extraction of rock, sand or gravel.

Blasting.

(1). Ground vibration and over pressure (air blast) should be monitored for each blast and not exceed guidelines established by the U. S. Bureau of Mines.

Noise.

(1). The noise level produced from rock, sand and gravel operations should not exceed an average of 55 decibels recorded over a 10 minute period measured at the nearest existing residence to the extraction operation. Off- site activities which contribute to background noise levels should be taken into consideration when monitoring an operation. Blasting should not be recorded as part of the noise level.

Air Quality.

(1). Air quality monitoring should be conducted at the operator’s expense when conditions warrant.
(2). Ambient air quality: total suspended particulate matter – 150 micrograms per cubic meter of air as a 24-hour average not to be exceeded more than once per year, and 60 micrograms per cubic meter of air as an arithmetic mean; PM10 (10 micrometers or less in size) consistent with the regulations of the State of South Dakota.
(3). Employ techniques that minimize the release of particulate matter created by material stockpiles, vehicular movement and process operations.
(4). Dust control agents should be applied to township gravel roads designated as haul routes and all driving surfaces within the extraction area.

Hydrology, Dewatering and Drainage.

(1). Existing wells should be monitored at the operator’s expense to document changes in hydrologic conditions around extraction sites.
(2). Dewatering of the extraction site should not result in downstream flooding.
(3). Berms should not interrupt the natural drainage of the area, unless such diversion is part of an approved drainage control system.

Haul Roads.

(1). In order to minimize the negative impact of truck traffic on area residents, extraction operations should be located on or near existing hard surfaced roads. Consideration should be given to the number of residents located along gravel surfaced roads intended for use as haul roads.
(2). Identify repair and maintenance responsibilities through a haul road agreement.
(3). Consider the potential impact on County highways to be used as haul routes.

Operator Surety.

(1). A surety bond should be filed with the County Auditor to protect the County in the event the operator abandons a site without completing the conditions imposed by the conditional use, including fulfillment of the agreement with the township concerning repair of designated haul roads. In lieu of the required surety, the operator may deposit cash with the County in the amount equal to the required surety.

Reclamation.

(1). The type and extent of reclamation should be based on the type of material extracted on the intended post-mining land use, but in all cases the reclamation procedures should result in the rehabilitation of affected land through contouring and soil stabilization, revegetation and other appropriate means so as to create the least amount of unsightliness and most appropriate future use of the reclaimed area. Bodies of water may be incorporated into an acceptable reclamation plan.
(2). Provide maps, including cross sections, showing the existing natural topography and anticipated topographic conditions upon completion of reclamation.
(3). Grading should achieve a contour that is most beneficial to the proposed future land use. All berms should be removed where sand and gravel operations were conducted. In most cases involving quarry operations, the berms should remain in place unless their removal would serve a more useful purpose.
(4). Topsoil should remain on site and be used during reclamation.
(5). A seeding and revegetation plan should be developed for the affected area in consultation with the County Conservation District.
(6). All required reclamation activities should be completed and a compliance inspection performed by the Planning Director prior to the release of the surety.

Additional Considerations.

(1). The maximum height of a bench in a quarry should be 30 feet.
(2). The property should be secured during non-working hours by means of gates and fencing. The property should continue to be secured until all required reclamation activities have been completed.

12.09 ADULT USES. In the development and execution of this ordinance, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, and are not compatible with certain uses. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding area. (amended by MC16-29-95)

A. None of the following uses may be established, operated, or maintained within five hundred (500) feet of a residential dwelling, a residential district, a church, a school meeting all the requirements of the Compulsory Education Laws of the State of South Dakota, or a public park, as measured from the closest point of the property lines.

1. Adult bookstore
2. Adult theater
3. Adult photo studio
4. Adult mini motion picture theater
5. Adult amusement or entertainment establishment

(amended by 16-40-98)

12.10 CONCENTRATED ANIMAL FEEDING OPERATIONS (amended by MC16-150-17)

(A). Intent.
The raising of livestock is a regular and normal function of agriculture. It is the intent of this section to provide for viable livestock production within agriculturally zoned areas of Minnehaha County, protect ground and surface waters, and ensure that concentrated animal feeding operations are properly sited, maintained, and managed.

(B). Water Source Protection Areas and Floodplains.
A concentrated animal feeding operation – new shall not be permitted in the Water Source Protection Overlay District or within a floodplain.

(C). Application Procedures and Requirements. (amended by MC16-84-06)
Prior to application submittal the operator of the proposed facility shall meet with the Planning Director to discuss application requirements.

The conditional use application shall be accompanied, at a minimum, by the following information.

(1). A description of the type of concentrated animal feeding operation and the number of animals proposed for the facility.
(2). A site plan of the proposed facility including:

(a). The location of all existing and proposed structures, including manure containment facilities and confinement buildings and corrals. All new structures and corrals shall be located a minimum of 50 feet from any property line.
(b). A grading plan designed to minimize contamination of stormwater runoff from manure containment facilities or animal pens.
(c). All required site plan elements for a Conditional Use Permit as listed in Section 19.04.

(3). A dead animal disposal plan which complies with South Dakota Animal Industry Board requirements. Temporary dead animal storage or disposal sites shall be screened or located out of site from neighboring dwellings and the adjacent right-of-way.
(4). A manure management plan including the following information:

(a). Location and description of the manure containment facilities and structures.
(b). Description of type of manure and method of storage.
(c). Description of the proposed method and schedule for manure application.

(5). Any applicable waivers for land use setback reduction as described in Section 12.10 (F). 2.

(D). [Reserved]

(E). Conditional Use Permit Requirements. (amended MC16-84-06)

A concentrated animal feeding operation which is granted a conditional use permit shall, at a minimum, meet the following requirements:

(1). General Permit Requirement. A state general permit is required if any of the following situations are met.

(a) A general permit is required by the South Dakota Department of Environment and Natural Resources.
(b). A general permit is required by Minnehaha County as a condition of approval.
(c). When the site is located over a mapped shallow aquifer area as depicted on the Department of Environment and Natural Resources First Occurrence of Aquifer Materials in Minnehaha County, SD
(d). A Class C CAFO is proposed to be located within 1,320 feet from an operating or permitted Class C CAFO or larger.

(2). General Permit Record Keeping. When a state general permit is required, the operator shall maintain and have available the following records.

(a). The operator shall file copies of all state-approved construction plans with Planning and Zoning Department prior to the issuance of a building permit.
(b). The operator shall maintain all records required by the DENR including annual renewal forms. Copies shall be provided to the County upon request.

(3). Construction Documents. The following documents are required, when applicable, before a building permit can be acquired. (amended MC16-157-18)

(a). Structures. Any newly constructed structure that is greater than 60 feet wide must be designed by a professional engineer. A copy of the certified plans must be provided to the Planning Department.
(b). Manure Containment Facilities. Any newly constructed manure containment facility must conform to South Dakota Department of Environment and Natural Resources design standards. A registered professional engineer shall certify the plan specifications and inspect the construction of the facility. A copy of the certified plans must be provided to the Planning Department.

(F). Separation Requirements and Criteria for Concentrated Animal Feeding Operations.

(1). Environmental Setbacks. A concentrated animal feeding operation shall comply with the minimum environmental separation requirements in Table 1.

12.08 ROCK, SAND AND GRAVEL EXTRACTION

(A). Intent.

The developmental and operational criteria contained in Subsection G are intended to assist in the formulation of conditions to be imposed on individual extraction operations. The criteria have been designed to eliminate potential

health risks and minimize the adverse impact on other land uses due to extraction operations.

(B). Submission of Application.

(C). Application.

The conditional use application shall be accompanied by the following:

(D). Fee.

(E). Notification Requirements.

In addition to the notification requirements of Article XXII Section 4(B), the Planning Director shall notify by U.S. mail all property owners of record within one mile of the proposed conditional use area or the owners of the thirty properties nearest to the affected property, whichever affects the least number of owners, of the time, date, place and purpose of the public hearing. The notice shall be mailed not less than 15 days prior to the public hearing.

(F). [Reserved.]

(G). Developmental and Operational Criteria.

Buffer Area.

Hours of Operation.

Visual Considerations.

(1). Earth berms and vegetation should be employed to minimize visual impacts and reduce the effects of noise.
(2). The need for and placement of berms should be determined by the orientation and position of the excavation site with respect to residences and roadways. Berms should be located in such a way as to restrict the public’s view of the property. Consideration should be given to placing the berms as close to the public point of view as practical. Generally, berms should be six feet in height and seeded immediately after construction to avoid soil erosion. Berms should be maintained and kept reasonably free of weeds.

(3). The operator should work with the County Conservation District and Planning Director to develop a planting program. Consideration should be given to planting one or more of the following: evergreen, Russian olive, ash, caragana, crab apple, lilac and buffalo berry. The plants should be properly cared for to ensure the highest survival rate and all dead plants replaced during the current planting season. As a minimum, the program should include trees of varying maturity. The planting program should be reduced to writing and kept on file in the Planning Office.
(4). At a minimum, berms should be constructed prior to blasting or the extraction of rock, sand or gravel.

Blasting.

(1). Ground vibration and over pressure (air blast) should be monitored for each blast and not exceed guidelines established by the U. S. Bureau of Mines.

Noise.

(1). The noise level produced from rock, sand and gravel operations should not exceed an average of 55 decibels recorded over a 10 minute period measured at the nearest existing residence to the extraction operation.
Off- site activities which contribute to background noise levels should be taken into consideration when monitoring an operation. Blasting should not be recorded as part of the noise level.

Air Quality.

Hydrology, Dewatering and Drainage.

Haul Roads.

Operator Surety.

Reclamation.

Additional Considerations.

1. Adult bookstore
2. Adult theater
3. Adult photo studio
4. Adult mini motion picture theater
5. Adult amusement or entertainment establishment

(amended by 16-40-98)

12.10 CONCENTRATED ANIMAL FEEDING OPERATIONS (amended by MC16-150-17)

(B). Water Source Protection Areas and Floodplains.
A concentrated animal feeding operation – new shall not be permitted in the Water Source Protection Overlay District or within a floodplain.

(C). Application Procedures and Requirements. (amended by MC16-84-06)
Prior to application submittal the operator of the proposed facility shall meet with the Planning Director to discuss application requirements.

The conditional use application shall be accompanied, at a minimum, by the following information.

(1). A description of the type of concentrated animal feeding operation and the number of animals proposed for the facility.
(2). A site plan of the proposed facility including:

(5). Any applicable waivers for land use setback reduction as described in Section 12.10 (F). 2.

(D). [Reserved]

(E). Conditional Use Permit Requirements. (amended MC16-84-06)

A concentrated animal feeding operation which is granted a conditional use permit shall, at a minimum, meet the following requirements:

(1). General Permit Requirement. A state general permit is required if any of the following situations are met.

(2). General Permit Record Keeping. When a state general permit is required, the operator shall maintain and have available the following records.

(3). Construction Documents. The following documents are required, when applicable, before a building permit can be acquired. (amended MC16-157-18)

(F). Separation Requirements and Criteria for Concentrated Animal Feeding Operations.

(1). Environmental Setbacks. A concentrated animal feeding operation shall comply with the minimum environmental separation requirements in Table 1.

TABLE 1: Concentrated Animal Feeding Operations Minimum Environmental Seperation Requirements
	Class A	Class B	Class C	Class D
Public Water Supplies	1,000 feet	1,000 feet	1,000 feet	500 feet
Private Wells (other than owner's or operator's)	250 feet	250 feet	250 feet	250 feet
Private Wells (owner's or operator's)	150 feet	150 feet	150 feet	150 feet
Lakes, Rivers and Streams Classified as Fisheries	500 feet	200 feet	200 feet	200 feet
Intermittent Streams or Waterways	100 feet	100 feet	100 feet	100 feet

(2). Land Use Setbacks. The minimum separation criteria in Table 2 shall be used in siting a concentrated animal feeding operation. The minimum separation criteria may be increased based on site specific conditions. When a proposed operation does not meet the minimum separation criteria, the following alternatives may apply. (amended by MC16-157-18)

(a). Setback Reduction for Dwellings and Businesses.

1. A signed waiver from each landowner who owns land with a dwelling or business located closer than the minimum separation criteria.
2. In the absence of a waiver, the required setback may be reduced up to 50% if all of the following requirements are met:

i. The applicant must plant a shelter belt of trees between the proposed CAFO and the affected residence or business without a waiver.
ii. The shelterbelt must run the entire length of the footprint of the CAFO, and it must include a minimum of five rows of trees and consisting of both evergreen and deciduous species. Existing Trees may be considered towards meeting this requirement.
iii. The shelterbelt must be designed to provide a visual barrier and assist in the reduction of odor by the Minnehaha Conservation District or a Professional Landscape Architect.
iv. The shelter belt shall be planted in the first year of obtaining a conditional use permit. For three consecutive years, all trees that die must be replaced within one growing season. The shelter belt must maintain 90% survivability while the conditional use permit is active.

(b). Setback Reduction for Municipalities.

1. A waiver from the minimum setback requirements may be obtained in the form of a signed resolution from the affected municipality’s elected body.

TABLE 2: Concentrated Animal Feeding Operations Minimum Separation Criteria
	Class A	Class B	Class C
Dwellings, Churches, and Businesses	3,960 ft (3/4 Mile)	1,980 ft (3/8 Mile)	1,320 ft (1/4 Mile)
Public Parks and Schools	5,280 ft (1 Mile)	2,640 ft (1/2 Mile)	1,980 ft (3/8 Mile)
Municipal Boundaries By the Following Municipal Classifications as of the most recent Census Data
First Class (Population of 5,000 and more)	13,200 ft (2 & 1/2 Miles)	7,920 ft (1 & 1/2 Mile)	5,280 ft (1 Mile)
Second Class (Population between 500 and 5,000)	7,920 ft (1 & 1/2 Mile)	5,280 ft (1 Mile)	3,960 ft (3/4 Mile)
Third Class (Population Less than 500)	5,280 ft (1 Mile)	3,960 ft (3/4 Mile)	2,640 ft (1/2 Mile)

(G). Manure Application Requirements.

(1). The minimum separation requirements in Table 3 shall apply to the application of manure from a concentrated animal feeding operation.

TABLE 3: Manure Application Sites Minimum Separation Requirements
	Manure, Surface Applied	Manure, Incorporated or Injected
Lakes, Rivers and Streams Classified as Fisheries	300 feet	100 feet (lake) 50 feet (river or stream)
Rivers, Streams and Lakes Classified as Drinking Water Supplies	1,000 feet	300 feet
Intermittent Stream or Waterway	200 feet	50 feet
Public Wells	1,000 feet	1,000 feet
Private Wells	250 feet	250 feet
Residence (other than operator)	300 feet (surface)	50 feet
Municipalities	1,000 feet	300 feet

(2). Liquid Manure Application.

(a). The accumulation of manure or bedding in a location other than where it is generated is prohibited unless approved through a combination of conditional use permit and state general permit.
(b). All liquid manure shall be injected to provide for better agronomic benefits and to reduce the potential for runoff and minimize odor. Liquid manure may be surface applied if approved by the State DENR as part of a nutrient management plan or for emergency discharge. Documentation of state approval shall be maintained by the CAFO operator and be available upon request by the Planning Department.
(c). The Planning Director may approve surface application of livestock production surplus water upon receiving an application from the producer that is approved by a certified crop consultant or registered engineer. Such application shall include:

1. The results of tests on the livestock production surplus water proposed for surface application which shows the percentage of solids and the amount of N (nitrogen) per 1000 gallons of water.
2. The amount of livestock production surplus water to be applied.
3. A map showing the areas on which the producer proposes to surface apply the livestock production surplus water including soil types, slopes, and the required separations from natural features or adjoining land uses.
4. The separation requirements in Table 3, Section 12.10 (G) shall be met.

(3). Other Than Liquid Manure Application.

(a). The accumulation of manure or bedding in a location other than where it is generated is prohibited unless approved through a combination of conditional use permit and state general permit.
(b). Manure may not be spread thicker than 3 inches on tillable soil and 1 inch on frozen soil.
(c). Manure may not be spread on a slope greater that 6% without incorporation.

12.11 TEMPORARY USES

(A). Intent.
The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.

(B). Permit Required.
No person shall operate a temporary use without first obtaining a permit therefor from the Planning Department as prescribed in this section. If an objection is filed pursuant to Section 12.11 (E) or if the Planning Department determines that a hearing should be held due to the scope of the proposed use, the Planning Department shall refer the temporary use application to the Planning Commission for action.

(C). Applications.

1) Submission deadline. All applications for a temporary use permit shall be made at least 60 days prior to the proposed commencement date of the use, provided that the Planning Department may approve a lesser time consistent with the requirements of this section.
2) Temporary use plan. All temporary uses shall be subject to approval of a temporary use plan. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and such other information in sufficient detail as the Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.

(D). Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:

1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.
2) The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use.
3) The site is adequate to accommodate the proposed use, including the provision for on and off site parking.
4) Adequate sanitation facilities will be available on the site.
5) The time period and hours of operation for the temporary use are clearly specified.
6) Provision is made for the removal, clean-up, and restoration of the site.
7) The temporary use will not adversely impact the natural environment.
8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health or property.
9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.

(E). Notice. The Planning Department shall send written notice of the temporary use permit application to the owners of all property located within at least 600 feet of the property involved. Such notice shall be sent at least 14 days before the Planning Department makes its determination on the temporary use permit. If any of the owners so notified file a written objection prior to the time the Planning Department makes its determination regarding the application, the application shall be referred to the Planning Commission for action.

(F). Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.

(G). Appeal of decision. Any person aggrieved by an action of the Planning Department in granting, denying, revoking, or suspending a temporary use permit may appeal such action to the Planning Commission. Such appeal shall be in writing and filed with the Planning Department within five working days of the decision. The action of the Planning Commission may be appealed to the Board of County Commissioners in the same manner.

(H). Fee. A fee of $250 shall accompany the application for a temporary use permit.
(amended by MC16-79-05)

(I). Exemptions. The following uses shall not require a temporary use permit: (amended by MC16-65-03 & MC16-180-23)

1) Estate or real estate sales involving the property or items from the property where the sale is held.
2) Garage, yard or rummage sales provided:

a. Sales last not longer than three (3) days.
b. Sales are held no more than twice yearly.
c. Sales are conducted on the owner’s property or one of the owner’s property in case of a multi-party sale.

3) Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved.
4). An intermodal shipping/storage container placed on a parcel for fewer than 90 days.
(amended by MC16-65-03)

12.12 TELECOMMUNICATIONS TOWERS, ANTENNA SUPPORT STRUCTURES AND BROADCAST TOWERS.

(A). Intent. Regulations regarding telecommunications towers, antenna support structures and broadcast towers are intended to accommodate the development of a competitive communications and broadcast marketplace while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the county. The regulations cover the placement, construction, and modification of telecommunications towers, antenna support structures and broadcast towers. The specific intent of this section is to:

1) Regulate the location of telecommunications towers, antenna support structures and broadcast towers;
2) Promote and encourage shared use/co-location of telecommunications towers, antenna support structures and broadcast towers;
3) Avoid potential damage to property caused by telecommunications towers, antenna support structures and broadcast towers by insuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound;
4) Insure that telecommunications towers, antenna support structures and broadcast towers are compatible with and do not adversely impact surrounding land uses;
5) Facilitate the provision of wireless communications services to residents and businesses in an orderly fashion.

(B). Equipment Design.

1) Antennas shall be mounted on a single monopole or guyed lattice tower.
2) Towers not requiring FAA painting/marking shall have a galvanized finish or be a neutral color.
3) Equipment structures shall be a neutral color.

(C). Setbacks/Spacing.

1) Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located.
2) Not withstanding other setback standards in this ordinance the exterior base of a self support lattice, monopole, guyed lattice tower shall be separated from all residential dwellings (not located on the subject property), residential subdivisions, residential zoning districts, and public parks by a minimum distance of thirteen hundred (1300) feet. Setback requirements may be reduced if written permission is obtained from an impacted property owner.
3) There shall be a minimum distance of three (3) miles between towers.

(D). Illumination and Security.

1) Towers shall not be artificially lighted unless required by the FAA. Required safety lighting shall not exceed the FAA minimum. Flashing white lights shall not be allowed for night time lighting.
2) Security lighting on the site shall not exceed twenty (20) feet in height and be directed toward the ground to reduce light pollution, prevent off site light spillage and avoid illuminating the tower.

(E). Maintenance.

1) All telecommunications towers, antenna support structures and broadcast towers facilities shall be maintained in good condition, order, and repair so that they do not endanger the life or property of any person.
2) Telecommunications towers, antenna support structures and broadcast towers shall be maintained in compliance with Telecommunications Industries Association/ Electronic Industries Association Standard TIA/EIA 222 (latest revision), all applicable laws, and so as not to interfere with the use of other property. Upon the Planning Director’s determination that a tower structure is a hazard to public safety, the owner shall be required to perform an inspection by a registered professional engineer and make all recommended corrections.
3) If an owner discontinues use of a tower, or if an owner files notice with the Federal Communications Commission of its intent to cease operating the tower, the owner shall give written notice to the Planning Director of the date of such discontinuance.

(F). Signage.

1) Signage at the site is limited to non-illuminated warning and equipment identification signs.
2) Sign area shall not exceed six (6) square feet in size.

(G). Co-Location/Shared Facilities.

1) The tower owner shall not exclude co-location on the same tower when co-location is structurally, technically or otherwise possible.
2) In addition to equipment proposed for the applicant’s use, proposed towers and sites must be designed to accommodate co-location of a minimum of two additional providers for towers between 100-200 feet and a minimum of three additional providers for towers over 200 feet in height.
3) The Planning Director may revoke a building permit when a tower is capable of co- location if:

i) The tower owner refuses to provide space for other providers at a fair market rate when it would not impair the structural integrity of the tower or cause interference; or
ii) The tower owner modifies the structure in a way to make co-location impractical or impossible. If a permit is revoked, the facility must be removed at the owner’s expense.

(H). Abandonment.

1) Towers, antennas and equipment facilities are considered abandoned if they are unused by all providers at the facility for a period of 365 consecutive days. The Planning Director will determine if towers, antennas and equipment facilities have been abandoned. The Planning Director has the right to request documentation from the facility owner regarding tower or antenna usage. Following written notification of a determination that a facility is abandoned, the facility owner has seventy-five (75) days to:

i) Reuse the facility; or
ii) Dismantle the facility. If the facility is not removed within seventy-five (75) days of abandonment, the County may remove the facility at the facility and/or property owner’s expense. If the facility is removed, all permits associated with the facility are revoked.

(I). Application Requirements (in addition to standard requirements).
The facility or property owner shall file a letter with the Planning Department accepting responsibility for removal of the tower if it is abandoned.

(J). Technical Issues and Expert Review. Towers, antennas and equipment facilities may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Planning Director may require the applicant to pay reasonable costs for a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in at the sole discretion of the County.

12.13 AGRICULTURAL TOURISM. (amended by MC16-105-09 6/16/09)

(A). Intent. It is the intent of this Article to provide for uses which help to promote and maintain local farming operations, are complementary to agriculture, which help maintain an agricultural heritage and rural character, and help to sustain the local farming community.

(B). Permitted uses, provided the following conditions are met. (amended by MC16-144-15 12/1/15)

1) Wineries producing and selling a product in a tasting room.

a) Description. The retail and manufacturing premises of a winemaker operating pursuant to SDCL 35-12.
b) Accessory Uses Allowed. Vineyard and Winery Tours, picnic area, and hay/sleigh rides.
c) Retail. Tasting room for sampling of wine and other beverages made by the winery. Bottles of wine, wine related items such as glasses, corkscrews, and coolers. Business related items such as t-shirts, bags, caps, wine books and non-prepared foods.
d) Food Concessions. Wineries will be allowed limited food services on-site. This food service is not to include restaurants, but may include the following:

1. Deli-service of prepackaged food;
2. Winemaker dinners;
3. Tasting room events with food;
4. On-site catering food service for events.
5. No interior seating will be dedicated solely to the purpose of meal
service.
6. No food will be cooked to order, although a list of prepackaged foods
may be posted.

e) Special Events. The winery shall be allowed a maximum of four special events throughout the year. Additional special events require a temporary use permit.
f) Private events. The participant capacity for such events shall be determined separately for each winery by the Planning Director. The Planning Director shall consider the size of the parcel, surrounding land use, available parking, transportation routes, and other land use factors in making the determination. The maximum capacity shall be stated in writing to the applicant.
g) Minimum 1 planted acre of crop or fruit used for the processing, preparation, and/or manufacturing of wine shall be derived from the agricultural use.
h) The Operator of the winery must reside within one mile of the site.
i) The winery shall remain secondary to the principal use of the property as a site for agricultural production. If the agricultural production on the site ceases, the winery operation shall cease.
j) The winery must be on a parcel of land that is not less than 10 acres in size.

2) Produce stand for the direct marketing of farm products, 25% of which are grown by the on the site.

a) Description. Produce stand no greater than 400 square feet in building area.
b) Accessory Uses Allowed. None.
c) Retail. The retail area may sell in-season fruits and vegetables grown on the farm or from local growers. Locally made products such as honey, jams, jellies, or related bakery items may also be sold.
d) Food Concessions. None.
e) Special Events. None.
f) Private Events. None.
g) The produce stand shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the winery operation shall cease.

3) Seasonal U-pick fruits and vegetables operations, orchards.

a) Description. U-Pick means a fruit or vegetable-growing farm that provides the opportunity for customers to pick their own fruits or vegetables directly from the plant.
b) Accessory Uses Allowed. Wagon or hay rides, picnic area, contests.
c) Retail. The retail area may sell in-season fruits and vegetables grown on the farm or from local growers. Locally made products such as honey, jams, jellies, or related bakery items may also be sold.
d) Food Concessions. Limited service for such items such as water, pop, coffee, snacks or baked goods.
e) Special Events. U-pick operations and orchards shall be allowed a maximum of four special events per year. Additional special events require a temporary use permit.
f) Private Events. Allowed for orchards. The participant capacity for such events shall be determined separately for each orchard by the Planning Director. The Planning Director shall consider the size of the parcel, surrounding land use, available parking, transportation routes, and other land use factors in making the determination. The maximum capacity shall be stated in writing to the applicant. The Operator of the U-pick operation or orchard must reside on the site.
g) The U-pick operation or orchard shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the U-pick or orchard operation shall cease.
h) The operation must occur on a parcel of land that is not less than 10 acres in size.

4) Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

a) Description. An intricate network of interconnecting pathways, within a cornfield or made from straw bales.
b) Accessory Uses Allowed. Wagon or hay rides, picnic area, petting farm.
c) Retail. The retail area may sell in-season fruits and vegetables grown on the farm or from local growers. Locally made products such as honey, jams, jellies, or related bakery items may also be sold.
d) Food Concessions. Limited service for such items such as water, pop, coffee, snacks or baked goods.
e) Special Events. None.
f) Private Events. None.
g) The operation must occur on a parcel of land that is not less than 10 acres in size.
h) The outdoor maze shall remain secondary to the principal use of the property for agricultural production. If the agricultural production on the site ceases, the outdoor maze operation shall cease.

5) Holiday Tree Farms.

a) Description. One that grows trees on the site for landscape or holiday decoration, either pre-cut or for the consumer to cut.
b) Accessory Uses Allowed. Wagon or hay rides, petting farm, bonfire, Tree drilling and baling.
c) Retail. The retail area may sell pre-cut holiday trees, wreaths, garland, ornaments and decorations.
d) Food Concessions. Limited service for such items such as hot chocolate, coffee, snacks or baked goods.
e) Special Events. None.
f) Private Events. None.
g) The operation shall have 5 acres of holiday trees transplanted and growing for harvest prior to the start of retail operations on the site. A minimum of 10 acres shall be transplanted and growing within 5 years of approval as an Agricultural Tourism use. This shall not include shelter belts or old growth groves.
h) If the agricultural production of trees on the site ceases, the retail, accessory uses and food concessions shall cease.

6) Farm Experiences.

a) Description. A working farm where agricultural animals and products are produced.
b) Accessory Uses Allowed. Tours and hayrides, petting farm and animal feeding, picnic area.
c) Retail. Agricultural tourism products.
d) Food Concessions. Limited service for such items such as drinks, ice cream or other diary products, snacks or baked goods.
e) Special Events. A farm shall be allowed a maximum of four special events throughout the year. Additional special events require a temporary use permit.
f) Private events. The participant capacity for such events shall be determined separately for each event by the Planning Director. The Planning Director shall consider the size of the parcel, surrounding land use, available parking, transportation routes, and other land use factors in making the determination. The maximum capacity shall be stated in writing to the applicant.
g) The operator of the farm must reside on the site.
h) The special and private events shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the events shall cease.
i) The operation must occur on a parcel of land that is not less than 20 acres in size.

7) Breweries and Distilleries producing and selling a product in a tasting room.

a) Description. The retail and manufacturing premises of a brewery or distillery pursuant to SDCL 35.
b) Accessory Uses Allowed. Farm and Brewery or Distillery tours, picnic area, and hay/sleigh rides.
c) Retail. Tasting room for sampling of beer or liquor, and other beverages made by the brewery or distillery. Bottles of beer or liquor, beer or liquor related items such as t-shirts, bags, caps, brew books, and non-prepared food.
d) Food Concessions. Breweries and Distilleries will be allowed limited food services on-site. No interior seating will be dedicated solely to the purpose of meal service. No food will be cooked to order, although a list of prepackaged foods may be posted. Food service is not to include restaurants, but may include the following:

1. Deli-service of prepackaged food;
2. Tasting room events with food; or
3. On-site catering food service for events.

e) Special Events. The brewery or distillery shall be allowed a maximum of four special events throughout the year. Additional special events require a temporary use permit.
f) Private Events. The participant capacity for such events shall be determined separately for each brewery or distillery by the Planning Director. The Planning Director shall consider the size of the parcel, surrounding land use, available parking, transportation routes, and other land use factors in making the determination. The maximum capacity shall be stated in writing to the applicant.
g) Minimum 1 planted acre of crop used for the processing, preparation, and/or manufacturing of beer or liquor shall be derived from the agricultural use.
h) The Operator of the brewery or distillery must reside within one mile of the site.
i) The brewery or distillery shall remain secondary to the principal use of the property as a site for agricultural production. If the agricultural production on the site ceases, the brewery or distillery shall cease.
j) The brewery or distillery must be on a parcel of land that is not less than 10 acres in size. (amended (section added) by MC16-144-15 12/1/15)

(D) Parking

1) A parking plan must be submitted for approval by the Planning Director.
2) Parking facilities may be located on a grass or gravel area for seasonal uses such as produce stands, u-pic operations and agricultural mazes. All parking area shall be defined by either gravel, cut lawn, sand, or other visible markings.
3) All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.

(E) Agricultural Tourism Sign- Temporary (amended by MC16-161-19)
One temporary sign may be placed on a property with an active agricultural tourism permit at any time.

1) Sign shall not exceed 32 square feet in area.
2) Sign must be maintained in good structural and aesthetic condition.

(F) Agricultural Tourism Sign- Permanent (amended by MC16-161-19)
Permanent signs may be erected on the site of an approved agricultural tourism use.

1) Each sign shall not exceed 32 square feet in area.
2) Only one freestanding sign shall be allowed not to exceed 10 feet in height.
3) Only one wall, roof, or projecting sign shall be allowed for each building.
4) A building permit is required for each permanent agricultural tourism sign.

(G) Special Events

1) Written notice of each special event shall be submitted to the Planning Director 60 days prior to the event.
2) The Planning Director shall review the proposed special event using the following guidelines:

a) The special use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.
b) The special use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use.
c) The site is adequate to accommodate the proposed use, including the provision for on and off site parking.
d) Adequate sanitation facilities will be available on the site.
e) The time period and hours of operation for the special event are clearly specified.
f) Provision is made for the removal, clean-up, and restoration of the site.
g) The special use will not adversely impact the natural environment.
h) The site is suitable for the proposed special use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health or property.
i) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.
j) Emergency response measures.

3) The Planning Director shall send written notice of the special event to the owners of all property located within at least 600 feet of the property involved. Such notice shall be sent at least 14 days before the Planning Director makes its determination on the special use permit. If any of the owners so notified file a written objection prior to the time the Planning Director makes his determination regarding the application, the application shall be referred to the Planning Commission for action.

4) Conditions of approval. Reasonable conditions may be required in connection with the approval of any special use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well being of those who will use the special use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing to the applicant.

5) Appeal of decision. Any person aggrieved by an action of the Planning Director in granting, denying, revoking, or suspending a special event may appeal such action to the Zoning Board of Adjustment. Such appeal shall be in writing and filed with the Planning Department within five working days of the decision.

(H) Prior to the start of operations an Agricultural Tourism Permit is required with the associated fee as shown in Article 24.00. The Planning Director shall have twenty days to review the application and issue or deny the permit. Denial of the permit or imposed conditions may be appealed to the Zoning Board of Adjustment. Such appeal shall be in writing and filed with the Planning Department within five working days of the Planning Director’s decision.

(I) Recall & Review
If the County Planning Director finds at any time that the terms, conditions, or requirements of the agricultural tourism permit have not been complied with, or that any phase thereof, or that the use endangers the health and welfare of the public, the Director may recall the agricultural tourism permit for a review by the Minnehaha County Planning Commission. The permittee, landowner and/or operator and other impacted persons shall be notified 15 days prior to the County Planning Commission hearing. The County Planning Commission shall have the authority to amend, add, or remove conditions to the agricultural tourism permit in event that they determine the terms, conditions, or requirements of the agricultural tourism permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, or that the use endangers the health and welfare of the public. (amended (section added) by MC16-144-15 12/1/15)

(J) Revocation
If the County Planning Director finds that at any time the terms, conditions, or requirements of the agricultural tourism permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Director shall report this fact to the permittee, landowner, and/or operator, and the Minnehaha County Planning Commission. The County Planning Commission may, after conducting a public hearing, of which the permittee, landowner, and/or operator shall be notified, revoke the agricultural tourism permit for failure to comply with the terms, conditions, or requirements of the permit. (amended (section added) by MC16-144-15 12/1/15)

12.14 Vehicle & Equipment Restrictions. (amended (section added) by MC16-108-10 on 3/16/10)

(A). Intent. It is the intent of this section to limit the impact of commercial vehicles and equipment, recreational vehicles, and agricultural vehicles and equipment upon those areas of the county in which the land use is residential or agricultural in nature. Fire, law enforcement, emergency vehicles, and those vehicles designed for persons with disability are exempt from this section of the ordinance.

Section 12.14 shall apply to the Agricultural, Recreation/Conservation, and Residential zoning districts. Commercial vehicles, agricultural vehicles, recreational vehicles, and equipment are prohibited unless in compliance with Section 12.14.

(B). Commercial Vehicles and Equipment. It is not the purpose of the section to prohibit commercial vehicles as described herein from residential parcels when actually engaged in a business activity which requires their presence for a specific purpose and limited time period.

1. One commercial vehicle per resident, not to exceed a maximum of two commercial vehicles, shall be permitted on a property with an occupied residence provided that:

a. In a residential development area, the vehicle shall be currently licensed, fully functional, and have a gross vehicle weight of 12,000 pounds or less and not exceed 22 feet in length. Exclusive of a residential development area, the vehicle shall be currently licensed, fully functional and have a gross vehicle weight of 26,000 pounds or less and not exceed 22 feet in length.
b. A semi-tractor is exempt from the gross vehicle weight requirement for Section (B)1a.
c. The vehicle shall be operated by a person residing on the premises, and shall provide primary transportation for the resident to and from their place of employment.
d. The vehicle shall not be parked or stored within the right-of-way.
e. No attached vehicle or equipment shall be allowed.

2. Commercial vehicles and equipment that are currently licensed (if required) and fully functional and are in use as part of a permitted construction project shall be allowed for the duration of the said project. Should the construction project cease for period of six (6) months, the commercial vehicles and equipment shall be removed from the property. Commercial vehicles and equipment shall not be stored or parked for longer than seventy-two (72) hours upon any right-of-way.

3. Commercial equipment that is fully functional, owned by the resident, and used by the resident for regular or ongoing maintenance of the property (i.e. lawn care, driveway maintenance, snow removal) and not for profit, shall be allowed on properties used for residential and agricultural uses.

4. Commercial vehicles or equipment shall not be used for human or animal occupancy. Semi –trailers shall not be used for storage.

(C). Recreational Vehicles and Equipment.

1. The parking and storage of recreational vehicles shall be allowed provided that:

a. The vehicle title holder for any and all recreation vehicles parked or stored on the property shall be the property owner or permanent resident of the dwelling, or
b. If the property owner or permanent resident of the dwelling does not hold vehicle title to all of the recreational vehicles on the property, no more than three recreational vehicles shall be allowed to stored or parked on the property, regardless of ownership.

2. The vehicle and equipment shall be fully functional and licensed if required.

3. No recreational vehicles shall be stored or parked for longer than 72 hours upon any right-of-way in a residential development district.

4. No recreational vehicle or trailer shall be connected to gas, water, septic or sewer service unless approved by a county issued permit.

5. Recreational vehicles shall not be used as accessory structures nor shall they be used for human or animal occupancy.

6. Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle.

(D). Agricultural Vehicles and Equipment.
Agricultural vehicles and equipment shall meet the following conditions.

1. Shall be fully functional and currently licensed if required.

2. Shall be owned by the property owner or tenant.

3. Shall be presently used in the activity of agricultural operations or used for regular or ongoing maintenance of the property.

(E). Township Road Maintenance Vehicles and Equipment.
Those persons employed by and/or operating township road maintenance vehicles and equipment shall be allowed to store said vehicles and equipment on their property. If the property is located within a residential development area, the vehicles and equipment shall be screened from public view.

12.15 SOLAR ENERGY CONVERSION SYSTEM. The regulations regarding commercial Solar Energy Conversion Systems (hereafter referred to as SECS) shall be as follows:

1) Intent

a) The intent of regulations for Solar Energy Conversion Systems is to encourage the development of alternative sources of energy while protecting the health, safety and welfare of the public.

2) SECS Standards. The following standards apply to Commercial SECS:

a) Commercial SECS shall be permitted only on lands zoned A-1 Agricultural, C-Commercial, I-1 or 1-2 Industrial, or RC Recreation/Conservation with the issuance of a conditional use permit.
b) Signs. No advertising signs or logos shall be permitted on the SECS. One (1) project identification sign, not to exceed twenty (25) square feet, shall be allowed.
c) An interconnection agreement must be completed with an electric utility.
d) Public Roads. The permittee shall obtain all locally required road permits for construction. Prior to commencement of construction, the permittees shall identify all state, county or township “haul roads” that will be used for the SECS project and shall notify the governing body having jurisdiction over the roads to determine if the hauls roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the SECS. Where practical all-weather roads shall be used to deliver all other heavy components to and from the SECS site.
The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the SECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the County Planning Department of such arrangements.
e) Private Roads. The permittee shall promptly repair private roads, easements or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.
f) Dust Control. The permittees shall utilize all reasonable measures and practices of construction to control dust.
g) Stormwater Pollution Prevention Plan (SWPPP) and Soil Erosion and Sediment Control Plan.
The permittees shall develop a SWPPP and Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County Planning Department. The SWPPP and Soil Erosion and Sediment Control Plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction and drainage of roads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.
h) Other standards and codes. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards for solar energy systems.
Standards i through k must be provided as part of a complete Conditional Use Permit Application
i) Application Contents. Every application for a commercial SECS permit shall include the following information:

i) Name and address of the applicant.
ii) Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.
iii) Site Plan. A plot and development plan drawn in sufficient detail to clearly describe the following:

(1) Physical dimensions and locations of the property, existing structures, and proposed structures.
(2) Location of electrical lines and facilities.
(3) Existing topography.
(4) Proposed grading and removal of natural vegetation.
(5) Setbacks.

iv) General information on the typical type, size, height, rated power output, performance, and safety, of each SECS model, and electrical transmission equipment.
v) A location map to scale of all occupied structures within ½ mile of the boundary of the property upon which the SECS is to be located.
vi) An application including any SECS which is located within a 100-year flood plain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a Flood Plain Development Permit.
vii) Project schedule with anticipated construction date and completion date.
viii) A Staging Area Plan depicting properties where materials and construction equipment will be stored during the installation process.

j) If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of SECS; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed SECS and accessory structures. Such additional information as shall be required by the Planning Director.
k) Decommissioning/Restoration/Abandonment

i) Decommission Plan. Within 120 days of completion of construction, the permittees shall submit to the County Planning Department a decommissioning plan describing the manner in which the permittees anticipate decommissioning the project in accordance with the requirements of paragraph (b) below. The plan shall include a description of the manner in which the permittees will ensure that it has the financial capability to carry out the restoration requirements when they go into effect. The permitee of the SECS shall ensure that it carries out its obligation to provide the resources necessary to fulfill these requirements. The County Planning Department may at any time request the permitee of the SECS to file a report with the County Planning Department describing how the permitee is fulfilling this obligation. A Commercial SECS shall be deemed inoperable if it has not generated power for 12 consecutive months.
ii) Site Restoration. Upon expiration of this permit, or upon earlier termination of operation of the SECS, the permitee shall have the obligation to dismantle and remove from the site all electrical generating equipment, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four feet. To the extent possible, the permitee shall restore and reclaim the site to its pre-project topography and topsoil quality. All access roads shall be removed unless written approval is given by the affected landowner requesting that one or more roads, or portions thereof, be retained. Any agreement for removal to a lesser depth or for no removal shall be recorded with the County Planning Department and shall show the locations of all such foundations. All such agreements between permitee and the affected landowner shall be submitted to the County Planning Department prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition with eighteen (18) months after expiration.
iii) Providing Surety. The Planning Director shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include establishing an escrow account into which the project developer/ permitee will deposit funds on a regular basis over the life of the project. The unit of government shall then have access to the escrow account for the explicit purpose of decommission. Financial provisions shall not be so onerous as to make SECS projects unfeasible.

3) Application Review

a) Conditional Use Permit. A conditional use permit is required for a Commercial SECS
b) Technical Issues and Expert Review.
Solar Energy Conversion Systems may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Planning Director may require the applicant to pay reasonable costs of a third- party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the County.
c) Building Permit. Conditional Use Permit approval of Solar Energy Conversion Systems is separate from the building permit process. Building permits for the construction of facilities cannot be issued until the facility is approved through the conditional use permit process.

12.16 AQUACULTURE. (amended by MC16-150-17)

(A). Intent.
It is the intent of this section to provide for a viable aquatic species industry in Minnehaha County, protect ground and surface waters and ensure that aquaculture facilities are properly sited, maintained and managed.

(B). Application Procedures and Requirements.
Prior to application submittal the operator of the proposed facility shall meet with the Planning Director to discuss application requirements.

The conditional use application shall be accompanied, at a minimum, by the following information.

(1). A description of the type of facility, the number of aquatic animals, and amount of feeding per month proposed for the facility.
(2). A site plan of the proposed facility including:

(a). The location of all existing and proposed structures, including aquaculture waste management structures and confinement buildings.
(b). A grading plan designed to ensure that storage containment and/or wastewater treatment systems will not significantly conflict with navigation, other water dependent uses, public bodies of water, and downstream landowners.
(c). All required site plan elements for a Conditional Use Permit as listed in Section 19.04.

(C). Conditional Use Permit Requirements.
An aquaculture facility which is granted a conditional use permit shall, at a minimum, must meet the following requirements:

(1). When a state surface water discharge permit is required. The operator shall file copies of all state-approved construction plans with the County.
(2). Inspections. Any newly constructed aquaculture waste containment and/or wastewater treatment facility must conform to South Dakota Department of Environment and Natural Resources design standards. A registered professional engineer shall certify the plan specifications and inspect the construction of the facility. A copy of the certified plans must be provided to the Planning Department.
(3). The proposed facility must provide a preliminary aquaculture waste management plan including the following information:

(a). Location and description of the aquaculture waste facilities and structures.
(b). Description of the aquaculture waste type, proposed method, and schedule for application or use.

(4). Record Keeping. The operator shall maintain ongoing records of the implementation of the aquaculture waste management plan. Any state permit renewal shall be provided to the Planning and Zoning Office whenever a renewal permit is required by the state.
(5). All facilities shall comply with all federal, state, and county rules, regulations, and ordinances.

12.17 Vacation Home Rental/Short Term Rental. Regulations regarding vacation home rental/short term rental shall be as follows:

(A). Maximum occupancy shall not exceed three (3) people per bedroom.
(B). The Vacation Home Rental/Short Term Rental shall register with the state of South Dakota as a Vacation Home.
(C). Minimum off-street parking requirements shall be 1 parking space per guest bedroom.
(D). The contact information for the owner and any manager of the vacation home rental/short term rental shall be provided to the Planning Department. Any changes in ownership or management shall require new contact information be submitted to the Planning Department.
(E). The contact information for the owner and manager shall be clearly posted inside the vacation home rental/short term rental. (amended by MC16-177-23 5/4/2023)

12.18 TRANSMISSION PIPELINES. Transmission Pipelines in accordance with the following:

(A). Application Required.

(1). Any person who has filed an application (“Applicant”) with the South Dakota Public Utilities Commission (PUC) for a permit to construct, maintain, and operate a new Transmission Pipeline along, over, or across land in the jurisdiction of Minnehaha County shall apply to the Office of Planning and Zoning to permit the Planning Director to verify Applicant’s conformance with the conditions prescribed in this Article. The Applicant shall submit a written notice of such application to the Office of Planning and Zoning within thirty (30) days of filing the application with the PUC, unless the application was filed with the PUC prior to the effective date of this Article in which case the Applicant shall submit written notice under this Article within thirty (30) days of the effective date of this Article.
(2). Upon receiving a written notice set forth in Article 12.18(A)(1), the Planning Director shall and request sufficient documentation to evaluate the project according to requirements set forth in this Article 12.18.

(B). Application Requirements for Pipeline Companies. Every Transmission Pipeline application pursuant to this Article shall submit the following documents and information to the Office of Planning and Zoning at the request of the Planning Director:

(1). All required forms prescribed by the Planning Director, in addition to all proposed surveyed route information prepared by a professional land surveyor licensed in South Dakota clearly indicating the center line of the Transmission Pipeline.
(2). A complete copy of the application for a permit filed with the PUC pursuant to or within applicable statutory provisions, and as the application for the PUC permit is amended or changed, the Applicant shall simultaneously provide updated information and documents to the County.
(3). A map identifying each entry into the County’s right-of-way, and each proposed crossing of a County road or other County property.
(4). A map and a list containing the names and addresses of all Affected Property Owners in the County.
(5). A set of plans and specifications showing the dimensions and locations of the Transmission Pipeline, including plans and specifications for all related facilities, and above-ground structures, including without limitation: pumps, valve sites and shutoff valves.
(6). A copy of Applicant’s emergency response and hazard mitigation plan as may be required pursuant regulations adopted by PHMSA emergency preparedness, emergency response, and hazard mitigation.
(7). A statement identifying any confidential information in the application and a request, if any, to withhold such information from public examination or disclosure. Any request to withhold such information from public examination or disclosure shall include the statutory basis for such claimed exemption. A failure to identify confidential information in the application may result in the County treating such information as a public record.
(8). Applicant will be notified of a determination of its project as a special permitted use or the need to apply for a conditional use permit as soon as practicable but in no event more than 30 days after receiving approval of its permit by the PUC.
(9). Should Applicant’s application to the PUC for a permit to construct, maintain, and operate a new Transmission Pipeline along, over, or across land in the jurisdiction of Minnehaha County be denied , Applicant’s application pursuant to this Article will be denied as moot.

(C). Separation Criteria. The minimum separation criteria in Table 1 shall be used in the routing and siting of a Transmission Pipeline. For the purposes of Article 12.18, a “dwelling” shall include any structure that includes residential living quarters within it.

TABLE 1: TRANSMISSION PIPELINE MINIMUM SEPARATION CRITERIA
Dwellings, Churches and Businesses	330 ft
Public Parks and Schools	1,000 ft
Municipal Boundaries By the Following Municipal Classifications as of most recent Census Data
First Class (Population of 5,000 and over)	5,280 ft (1 mile)
Second Class (Population between 500 and 5,000)	3,960 ft (3/4 mile)
Third Class (Population of less than 500)	2,640 ft (1/2 mile)

(D). Measurement of separation. The separation distance set forth in Table 1 is to be measured from the center line of the proposed pipeline to the closest parcel boundary of a use or municipal boundary set forth in Table 1.
(E). Reduction of Separation Criteria for Dwellings and Businesses.

(1). A property owner may grant a waiver of the minimum setback distance from the Transmission Pipeline in the same manner and with the same effect as a conveyance of an interest in real property.
(2). A waiver under this section shall be created in writing, and the waiver or a memorandum thereof shall be filed, duly recorded, and indexed in the office of the Minnehaha County Register of Deeds. Any such waiver runs with the land or lands benefited and burdened and terminates upon the conditions stated in the waiver.
(3). Any such waiver is void if the Transmission Pipeline fails to obtain the necessary permit(s) and authorization from the South Dakota Public Utilities Commission or other applicable federal agency for the construction of such Transmission Pipeline within five years after the effective date of the waiver.

(F). Setback Reduction for Municipalities. In accordance with municipal extraterritorial jurisdiction (e.g. SDCL 9-29-1), a waiver from the minimum setback requirements may be obtained in the form of a signed resolution from the affected municipality’s elected body.
(G). Contact Information. Applicant shall provide to the Minnehaha County Office of Emergency Management:

(1). The exact content and all known dangers of the Regulated Substance, the flammable, toxic or corrosive gas or substance being transported in the Transmission Pipeline; and
(2). A copy of Applicant’s emergency response and hazard mitigation plan as may be required pursuant regulations adopted by PHMSA emergency preparedness, emergency response, and hazard mitigation.
(3). The names, phone numbers, and contact information of the Applicant’s emergency response personnel and personnel authorized by the Applicant to receive service and respond to all notices, demands, complaints, concerns or other requests; and
(4). Applicant shall notify the Minnehaha County Office of Emergency Management within ten (10) days if any of the information required under this Section changes.
The requirements of this Section shall be binding upon Applicant’s heirs, successors, assigns and agents.

(H). Any term used in Article 12 which is not defined in Article 26.02 shall have the same meaning and definition as set forth in SDCL 49-41B-2, as in effect on July 1, 2023, and ARSD 20:10:22:01 as in effect on July 1, 2023. (amended by MC16-179-23 7/13/2023)

Section 12.19 LONG TERM LEASE OR RENTAL. It is not the intent of this Ordinance to prohibit long-term lease or rental of property so long as such use is otherwise lawful. (amended by MC16-181-24 5/2/2024)

13.00 ADDITIONAL YARD REGULATIONS

13.01 NUMBER OF MAIN BUILDINGS ON TRACT. No more than one main building shall be located on a tract or lot when used for residential purposes. Where a lot or tract is used for an agricultural, commercial, or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot or tract for the district in which the lot or tract is located.

13.02 [Reserved.] (amended by MC16-55-01)

13.03 ADJUSTMENT TO FRONT YARD REQUIREMENTS. Where, on the effective date of this ordinance, forty percent (40%) or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:

(A). Where the building further most from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.
(B). Where this (A) is not the case and a lot is within one hundred (100) feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
(C). Where neither (A) nor (B) is the case, and the lot is within one hundred (100) feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

13.04 ADJUSTMENT TO SIDE YARD REQUIREMENTS. Buildings with side yard setbacks less than required by this ordinance, may have additions erected in line with the existing building and provided further that said addition will be erected no closer to the lot line then the existing building.

13.05 PROJECTIONS FROM BUILDINGS. Every part of any required yard shall be open to the sky and unobstructed except:

(A). Eaves may project into a front or rear yard thirty-six (36) inches, exclusive of gutters;
(B). Eaves may project into a side yard twenty-four (24) inches, exclusive of gutters;
(C). Ordinary projection of sills, belt courses, cornices, vertical solar screen, and ornamental features which may project twelve (12) inches;
(D). Air conditioners, not to exceed five (5) ton unit or parts thereof, any project into a required side yard, provided that such projections shall be distant at least three (3) feet from the adjacent lot line and shall not extend more than three (3) feet from the building. Such air conditioners may project into a required front yard, but shall not extend more than three (3) feet from the building, and such air conditioner may extend into one side of a corner lot;
(E). Solar collectors which are a part of the main building may extend into a required rear yard for a distance not to exceed ten (10) feet.

13.06 PORCHES AND TERRACES IN FRONT YARDS. An open, unenclosed porch may project into a required front yard for distance not exceeding ten (10) feet. Balconies and paved terraces may project into a required front yard for a distance not exceeding six (6) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed four (4) feet.

13.07 PROJECTION OF TERRACES, PORCHES, PLATFORMS, AND ORNAMENTAL FEATURES. Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required side or rear yard, provided these projections be distanced at least three (3) feet from the adjacent side lot line.

13.08 DOUBLE FRONTAGE LOTS. Where lots have double frontage, the required front yard shall be provided on both streets.

13.09 INTERSECTION SAFETY ZONE (amended by MC16-94-07 07-17-07)

(A). There shall be no obstructions, such as buildings structures, grain bins, baled agricultural products, farm machinery, vehicles or other objects, not including vegetation, within fifty (50) feet from a State, County, or section line highway right-of-way or thirty (30) feet from a platted right-of-way.
(B). Intersection Safety Zone Requirements

1) At every intersection of two roads or a road and a railroad right-of-way, there shall be a intersection safety zone triangle. Within the triangle, no obstructions such as structures, parking or vegetation shall be allowed between two and one half (2.5) feet and ten (10) feet above the elevation of the roadway. Agricultural crops, such as corn, are exempt from this regulation. Fences shall conform to Section 12.01 of this ordinance.
2) Such intersection safety zone triangles shall be formed by the intersection centerlines and a line connecting points on the centerlines of the intersection roads or railroad right-of-way one hundred (100) feet distant from the intersecting centerlines.

14.00 ADDITIONAL HEIGHT REGULATIONS

14.01 EXCEPTIONS. The height regulations established in this ordinance shall not be applied to flag poles, domestic television antennas, church spires, chimneys, broadcast towers, telecommunication towers and waters towers. (amended by MC16-55-01, MC16-65-03)

14.02 MECHANICAL APPURTENANCES. All necessary mechanical appurtenances placed on the roof, including but not limited to, air conditioning units, heating units, elevator penthouses, communications towers, and satellite receiving dishes, located on top of a building, are exempt from the height regulations of this ordinance as follows:

(A). No such appurtenances shall exceed 12 feet in height above the maximum permitted in the district in which they are located.
(B). All said appurtenances must be set back a minimum of 12 feet from all faces of a building when said faces are adjacent to the street.

15.00 PARKING AND LOADING REGULATIONS

15.01 LOCATION. All parking required by this article shall be located in conformance with the following requirements:

(A). The parking lot shall maintain a minimum setback of 15 feet from the front property line.
(B). Parking spaces for all structures shall be located on the same site as the structure such parking is intended to serve; except that by conditional use, parking may be located within 300 feet of the use it is intended to serve.

15.02 OFF-STREET PARKING REQUIREMENTS. Off-street parking for specific uses shall be required as follows:

(A). Single Family and Two-family Dwellings: One space for each dwelling unit.
(B). Multiple Dwellings: One and one-half spaces for each dwelling unit of one bedroom or less. Two spaces for each dwelling unit of two bedrooms or more.
(C). Multiple dwellings for the elderly and handicapped: .75 spaces for each dwelling unit.
(D). Rooming and Boarding Houses, Sororities, and Fraternities: One space per two beds.
(E). Private Club or Lodge: One parking space for each 300 square feet of floor area.
(F). Church or Temple: One parking space for each four seats in the main auditorium.
(G). School:

(1). Colleges and Universities: Because of the unique parking needs of colleges and universities, a permit application for new construction must include a parking study prepared by the applicant of the parking needs of the entire campus including the new use and the study must address a plan to meet the parking needs of the staff and students.
(2). High Schools: One parking space for each three students based on the building’s design capacity.
(3). Junior High School: 25 spaces plus one parking space for each teacher and staff member.
(4). Elementary School: five spaces plus one parking space for each teacher and staff member.

(H). Hospital: One and one-half parking spaces for each bed.
(I). Sanitarium or Institutional Home: One parking space for each three beds.
(J). Mortuary: One space for each 50 square feet of floor area in slumber rooms or one for each four seats in chapel, whichever is greater.
(K). Auditoriums, Theaters, Other Places of Public Assembly: One parking space for each four seats.
(L). Community Center, Library, Museum or Similar Public or Semi-public Buildings: Ten parking spaces plus one additional space for each additional 300 square feet of floor area in excess of 2,000 square feet.
(M). Hotel or Motel: Five parking spaces plus one space for each sleeping room or suite.
(N). Medical Office Building: Buildings in which 20 percent or more of the gross area is occupied by members of healing profession. One parking space for each 200 square feet of the gross area used for medical purposes.
(O). Manufacturing or Industrial Establishments, Research or Testing Laboratory, Bottling Plant, Warehouse, or other Similar Establishments: Two parking spaces for each three employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith.
(P). Restaurant, Bar, Cafe or Recreation or Amusement Establishment Not Specified Herein: One parking space for each 100 square feet of floor area or one parking space per three fixed seats, which ever is greater.
(Q). Bowling Alley: Three spaces per alley.
(R). Personal Services: One parking space for each 200 square feet of floor area.
(S). Retail Stores Selling Furniture, Appliance, or Home Improvement Products (ie. carpet, paint, wall paper, etc.): One parking space for each 600 square feet of floor area.
(T). Other Retail Uses: One parking space for each 300 square feet of gross floor area except for planned shopping centers of 100,000 square feet of floor area or more who may reduce their requirement to one space for each 400 square feet of floor area.
(U). All Nonresidential Buildings, Except Those Specified Above: One space for each 300 square feet of floor area.

15.03 RULES FOR COMPUTING PARKING SPACES. In computing the number of required off-street parking spaces, the following rules shall be applied:

(A). Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking as herein defined.
(B). Where fractional spaces result, the number of parking spaces required shall be the nearest whole number.

15.04 MINIMUM IMPROVEMENT AND MAINTENANCE STANDARDS. Driveways, parking lots, and loading/unloading areas shall conform with the following improvement and maintenance standards: (amended by MC16-19-94)

(A). Any driveways, parking lots, or loading/unloading areas in a commercial or industrial zoning district shall be constructed with a hard surface when the property is accessed from a hard surface road. Hard surfacing shall consist of:

1. Concrete;
2. Asphalt; or
3. Crushed asphalt. Crushed asphalt shall be applied to the following specifications.

1) A minimum 3 inches packed gravel base.
2) Recycled asphalt packed to 4.5-5 inches.
3) Chip seal shall be applied two (2) times.
4) 2-4 inches of hot-mix asphalt shall be applied when the recycled asphalt material begins to break down.
(amended by MC16-109-10 on 3/16/10)
Exception: Truck terminals, heavy equipment display, service and rental, concrete and paving plants, construction yards and similar establishments need not hard-surface areas maintained as maneuvering or parking/storage areas for heavy equipment when such areas are not adjacent to a front yard setback or otherwise screened from the public right-of-way. (amended by MC16-109-10 on 3/16/10)

(B). If a driveway, parking lot or loading/unloading area is not required to be hard surfaced in Section 15.04(A), a gravel surface shall be provided. The gravel surface shall be maintained to a minimum thickness of at least four inches.
(amended by MC16-109-10 on 3/16/10)
(C). Adequate provisions shall be made for the disposal of storm water from a driveway, parking lot or loading/unloading area and the owner shall insure that such water does not flow onto adjoining property in a quantity or manner that would be detrimental thereto. (amended by MC16-19-94)
(D). An opaque fence, wall, berm, or landscaping of a height and character necessary for adequate screening of the parking lot from adjacent residentially used property shall be provided. Where there is a difference in elevation between the property which needs the screening and the property receiving the benefit of the screening, the height of the screen barrier shall be measured on the high side.
(E). The entrances and exits to and from any parking lot shall be approved by the Director. Proper directional signs shall be provided.
(F). The entrances and exits to and from any parking lot or loading/unloading area shall be approved by the Director. Proper directional signs shall be provided. (amended by MC16-19-94)

15.05 OFF-STREET LOADING REQUIREMENTS.

(A). There shall be provided at the time any building is erected or structurally altered, off-street loading spaces in accordance with the following requirements:

(1). Office Buildings:

5,000 to 25,000 sq. ft.
of GFA* ….. One 12′ X 20′ loading space

25,001 to 50,000 sq. ft.
of GFA ….. One 14′ X 35′ loading space

50,001 to 200,00 sq. ft.
of GFA ….. Two 14′ X 35′ loading spaces

Add one additional 14′ X 35′ loading space for each
75,000 square feet of gross floor area above
200,000 square feet.

*GFA means gross floor area.

(2). Retail or Service Establishment:

Less than 5,000 sq. ft.
of GFA ….. One 12′ X 20′ loading space

5,001 to 20,000 sq. ft.
of GFA ….. One 14′ X 35′ loading space

20,001 to 100,000 sq. ft.
of GFA ….. Two 14′ X 35′ loading spaces

Add one additional space for each 75,000 square feet
of gross floor area above 1,000,000 square feet.

(3). Wholesale, Commercial use;

2,000 to 20,000 sq. ft.
of GFA ….. One 14′ X 35′ loading space.

20,000 to 100,000 sq. ft.
of GFA ….. Two 14′ X 35′ loading spaces

Add one additional space for each 75,000 square feet
of gross floor area above 100,000 square feet.

(4). Manufacturing or Industrial Use:

One 14′ X 35″ space for each 10,000 square feet of gross floor area plus one 14′ X 35′ space for each portion thereof in excess of 50,000 square feet.

(B). Loading spaces are to be provided on each lot in compliance with the following requirements.

(1). The loading space shall be completely contained on the lot it is intended to serve.
(2). The loading space shall be arranged on the lot in such a way as to allow normal movement of traffic in and around the loading area.
(3). No loading space shall be permitted to extend into any public right-of-way.

16.00 ON-PREMISE SIGNS

(amended MC16-161-19)

16.01 INTENT. These regulations provide standards for the erection and maintenance of private signs. The principal feature of this section is the restriction on the total sign area permissible per site. All private signs shall be erected and maintained in accordance with the following standards. The general objectives of these standards are to promote health, safety, welfare and in part to achieve the following:

(A). SAFETY: To promote the safety of persons and property by providing that signs:

(1). Do not create a hazard due to collapse, fire, collision, decay, or abandonment;
(2). Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to see and interpret any official traffic sign, signal or device.
(3). Aid the traveling public in navigation to the locations of businesses and services

(B). COMMUNICATIONS EFFICIENCY: To promote the efficient transfer of information by providing that:

(1). Businesses and services may identify themselves;
(2). Customers and persons may locate a business or service;
(3). No person or group is arbitrarily denied the use of the sight line from
public rights-of-way for communication purposes.

(C). LANDSCAPE QUALITY AND PRESERVATION: To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:

(1). Do not create a nuisance to persons using the public rights-of-way;
(2). Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement.
(3). Protect and preserve the aesthetic quality and physical appearance of the county.

16.02 PERMITTED SIGNS AND SIGN AREA. In the following districts, the sign area and height set forth shall apply to all signs on the premises except as provided in Section 16.05:

(A). A-1 AGRICULTURAL AND RC RECREATION/CONSERVATION DISTRICTS:
(amended by MC16-53-00)

(1). Freestanding signs: one or more freestanding signs with the total combined area of one square foot for every 100 linear feet of road frontage.

(a). The total area of any one sign shall not exceed 16 square feet.
(b). The maximum height shall not exceed 10 feet.

(2). Wall signs: On buildings or structures not used as a single family dwelling, a wall sign with the area of one square foot for every 2 linear feet of building frontage with a maximum of 16 square feet of sign area.
(3). Reserved

(B). RR RURAL RESIDENTIAL AND R-1 RESIDENTIAL:

(1). Wall signs:

(a). On buildings or structures not used as a single family dwelling, a wall sign with the area of one square foot for every 2 linear feet of building frontage with a maximum of 16 square feet of sign area.
(b). As allowed by section 16.05 Special Use Signs

(2). Freestanding signs:

(a). Multi family structures and apartments may have one freestanding sign per street frontage not to exceed 16 square feet in size per sign.
(b). Single family dwellings may have one freestanding sign in conjunction with a Home Occupation or Conditional Use Permit as allowed by section 16.05 (I) Special Use Signs.

(C). C COMMERCIAL, I-1 AND I-2 INDUSTRIAL:

(1). Wall, roof, or projecting signs: (amended by MC16-19-94)

(a). The total sign area on structures which are two stories or less in height shall not exceed two square feet for each linear foot of building frontage.
(b). The total sign area on structures which are greater than two stories in height shall not exceed either two square feet for each linear foot of building frontage, or 15% of the area of the frontage wall, whichever is greater.

(2). Freestanding signs having a total sign area not to exceed one square foot for each linear foot of road frontage or 200 square feet, whichever is less.

(a). The maximum sign height shall be 30 feet. (amended by MC16-69-04)

16.03 REGULATIONS AND LIMITATIONS OF PERMITTED SIGNS.

(A). WALL SIGNS. Wall signs may be located anywhere on the wall of a building.
(B). PROJECTING SIGNS.

(1). Projecting signs may project no more than five feet from the building face.
(2). Projecting signs shall have a minimum clearance of ten feet above grade level about any yard or sidewalk and 16 feet above any road or drive.
(3). Projecting signs may project no more than five feet above the top of a parapet or roof line including the framework or support.

(C). ROOF SIGNS. Roof signs shall rise no higher than five feet above the top of a parapet or roof line and shall not exceed the height limits for the zoning district.

(D). FREESTANDING SIGNS.

(1). Freestanding signs within C Commercial, I-1, and I-2 Industrial zoning districts shall be limited to one sign structure per street frontage except that businesses on frontages of 300 feet or more may erect two freestanding signs; however, the total sign area for both signs may not exceed that allowed for the street frontage.
(2). Freestanding signs shall be located only in the front or side yard.
(3). Freestanding signs shall not project over public property.
(4). Freestanding signs shall not be erected within the intersection safety zone triangle of two intersecting streets or a street and railroad. The intersection safety zone triangle, in this case, shall be the triangular area formed by measuring 40 feet from the intersection along both roads and connecting these two points with a straight line.
Exceptions: Freestanding signs may be located in the intersection safety zone triangle when the sign and sign structure comply with the following:

(a). The sign face is located 12 feet above the grade level of the street; and
(b). The sign structure is of such a size and spacing as to not obstruct the view of said intersection.

(E). ELECTRONIC MESSAGE SIGNS.

(1). Electronic message signs placement:

(a). Any permitted sign within a commercial or industrial zoning district may be an electronic message sign.
(b). In the A1 Agricultural and RC Recreational Zoning Districts, electronic message signs are allowed for signs which require a building permit.
(c). Electronic message signs must be setback a minimum 300 feet from any residential structure.

(2). Message hold time: Electronic message signs shall display a static message which may not change or be changed for a period of 6 seconds.
(3). Message transitions: The transition from one static display message to the next shall be limited to gradual movements including, but not limited to, dissolve, fade, or traveling; however, sudden movement is prohibited, including, but not limited to blinking and flashing.

16.04 SPECIAL SITUATIONS. The following signs may be allowed in addition to the signs permitted in Section 16.02, but signs must be in conformance with all other state and local laws.

(A). AUTOMOBILE SERVICE STATION. Gasoline dispensing stations may have, in addition to other signs, one 12 square foot sign on each street frontage.
(B). INTERSTATE HIGHWAY INTERCHANGE. In the C, I-1 and I-2 Districts, businesses which are adjacent to both the interstate and the intersecting cross street may by conditional use erect one additional on-premise freestanding sign not to exceed 200 square feet or 60 feet in height.
(C). CONSTRUCTION SIGNS. Additional signage may be placed on a property during the time a property has an active building permit. The total sign area shall not exceed 100 square feet or 20 feet in height and shall be removed within one week after final inspection or upon the expiration of the building permit, whichever comes first.
(D). NEIGHBORHOOD IDENTIFICATION SIGNS. In any zone, a masonry wall, landscaping and other similar material or feature may be combined to form a display for neighborhood or tract identification, provided that the legend of such signs or display shall consist only of the neighborhood or tract name, and the sign area shall not exceed 32 square feet.
(E). INSTITUTIONAL SIGNS. Churches, cemeteries, schools, day care centers, institutional and public uses in the agricultural and residential districts may have an on-premise sign not exceeding 32 square feet in area per frontage. Institutional signs require a building permit prior to construction/placement of the sign.
(F). INTEGRAL SIGNS. Names of buildings, dates of erection, monumental citations, commemorable tablets, and the like, of permanent type construction and made an integral part of the building structure shall be permitted not to exceed 16 square feet per building.
(G). PRIVATE TRAFFIC DIRECTIONAL SIGNS. Signs directing traffic movement into, out of or within the commercial premise. Such signs shall not exceed an area of four square feet per sign face and four feet in height. Only two private directional signs are allowed per legal driveway.
(H). REAL ESTATE SIGNS. Temporary signs shall be permitted while a property is actively listed for sale. The total sign area of such signs shall not exceed 32 square feet for each street frontage.
(I). SPECIAL USE SIGNS: In the A-1 Agricultural, RC Recreation/Conservation, RR Rural Residential, and R-1 Residential zoning districts, uses which are governed by a Conditional Use Permit, Major Home Occupation, or Agricultural Tourism Permit may have freestanding, wall, roof, or projecting signs on the premise in accordance with the stipulations of the permit. The total sign area of each sign shall not exceed 32 square feet. Special use signs require a building permit prior to construction/placement
(J). BANNERS. Each commercial and industrial zoned property may have one banner no larger than 32 square feet at all times. Additional banners within commercial or industrial zoned property can be placed for a maximum of 21 days during any calendar year. Banners shall be securely mounted or affixed with rigid posts, frame, structure, or building.

16.05 EXEMPTIONS. The following signs and devices are exempt from all aspects of this article, including permit requirements and limitations on size, location, and number: (amended by MC16-19-94)

(A). PUBLIC SIGNS. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty shall be permitted.
(B). PROPERTY RIGHTS SIGNS. A property owner may post a sign that indicates a property owner’s right of exclusion. These signs include no hunting, no trespassing, no soliciting, and similar signs.
(C). SPECTATOR SIGNS. A sign that is physically oriented toward spectators of an event and not physically oriented so as to attract the motoring public, such as a sign located on the fence of a baseball field, football field, racetrack, or outdoor stadium.
(D). WINDOW SIGNS. A sing affixed to a window of an enclosed building, including the window or glass area of a door.
(E). ART. Art as defined as an artistic painting, image, or sculpture created on an individual basis which contains no commercial message, image, trademark, or logo can be created within any zoning district.

16.06 ILLUMINATION. Regulations regarding the illumination of signs shall be as follows:

(A). SHADING. The light from any illuminated sign or billboard shall be so shielded, shaded, or directed so that the light intensity shall not adversely affect surrounding or facing premises or safe vision of operators of vehicles on public or private roads.
(B). BLINKING AND FLASHING. Blinking, flashing, pulsating, or fluttering lights are prohibited.
(C). RESIDENTIAL DISTRICTS. No illuminated sign or electronic message sign is allowed within any residential zoning district, unless the sign is classified as an institutional sign or neighborhood identification sign.
(D). SIGN BRIGHTNESS: No illuminated or electronic message sign shall exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area, measured as follows:

Area of Sign (sq. ft)	Measurement Distance (ft.)
10-14	32
15-19	39
20-24	45
25-29	50
30-34	55
35-39	59
40-44	63
45-49	67
50-54	71
55-59	74
60-64	77
65-69	81
70-74	84
75-79	87
80-84	89
85-89	92
90-94	95
95-99	97
100-150	100
More than 150	150

l6.07 TEMPORARY AND PORTABLE SIGNS. Temporary and portable signs shall not exceed 32 square feet and may be displayed for 60 days per calendar year in the C and I Districts. It shall be the duty of the user of the sign to:

(A). Notify in writing and obtain approval from the Planning Director prior to placement of said sign.
(B). Notify in writing the Planning Director upon removal of said sign. The Planning Director shall continue to deduct one day from the 60 days allowed per calendar year until notice of removal is received or a total of 60 days has elapsed.
(C). Place the signs in locations so that the provisions of this article and all other applicable codes and ordinances are complied with.

16.08 PROHIBITED SIGNS. The following signs are prohibited: (amended by MC16-19-94)

(A). PARKING OF ADVERTISING VEHICLES PROHIBITED. No person shall park any vehicle or trailer on a public right-of-way, or public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premise. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle.
(B). NUISANCE SIGNS. Signs which imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal shall be removed upon notice.
(C). BEACONS, SEARCHLIGHTS, AND FLASHING SIGNS. Beacons, searchlights, and flashing signs shall be prohibited.
(D). SIGNS ON PUBLIC PROPERTY. Except where required by law or permitted by the County, any sign installed or placed within any right-of-way or public property shall be deemed illegal and shall be forfeited to the public and subject to immediate confiscation.
(E). MOVEMENT. Signs shall not have moving parts or have the illusion of motion as part of the sign, except banner, pennants and similar lightweight signs which move with the atmosphere.

16.09 MAINTENANCE AND REMOVAL. Every on-premise sign, including any exempt from this code in respect to permits and permit fees, shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period the County may remove such sign at the owners expense. (amended by MC16-19-94)

16.10 PERMIT REQUIREMENTS.

(A). PERMITTED SIGNS. The following on-premise sign types require a separate building permit to be obtained prior to the construction or placement of a sign.

(1). All permanent signs within a Commercial or Industrial zoning district.
(2). All permanent signs allowed with a Major Home Occupation, Conditional Use Permit, or Agricultural Tourism Permit.
(3). All projecting signs and roof signs that extend beyond the face of the wall or roof.

(B). PERMISSIVE SIGNS. All on-premise signs types which are not listed in Section 16.10 (A). may be placed when all other requirements are met for this ordinance.

17.00 OFF-PREMISE SIGNS

(amended by MC16-161-19)

17.01 PURPOSE AND INTENT. The purpose of this article is to prevent the uncontrolled use of off-premise signs so as to promote the health, safety and general welfare of those persons using the public rights-of-way. These regulations are intended to preserve the overall landscape quality of the county while allowing the reasonable use of signs to inform the traveling public. This is accomplished through the application of standards for size, illumination and separation. This article is not intended to regulate objects that traditionally are not considered signs for purposes of governmental regulations.

17.02 GENERAL REGULATIONS.

(A). In the A-1 and RC Districts, off-premise signs shall be limited to those which provide direction to a business or use and shall be constructed in accordance with the following:

(1). A maximum sign area of 32 square feet on County and State Highways, and 16 square feet on all other roads.
(2). Reserved.
(3). There shall be no more than one sign face per direction of facing.
(4). Spacing requirements. (amended by MC16-19-94)

(a). A sign shall not be within a 500 foot radius of any other off-premise sign intended to be read from the same right-of-way.
(b). The sign shall not be within a 300 foot radius of any other off-premise sign intended to be read from a different right-of-way.
(c). No off-premise sign shall be located within 500 feet of a residential dwelling located on a different parcel.
(d). All spacing measurements in this subsection shall refer to a measurement made along the edge of the right- of-way and shall apply only to structures located on the same side of the highway.
(e). These spacing provisions do not apply to signs separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the road right-of- way at any one time.
(f). No off-premise signs are allowed within 500 feet of a public park, school, church, or designated historic site.

(5). A sign shall not be illuminated nor shall blinking or flashing lights be used.
(6). A maximum height of 16 feet.
(7). Off-premise electronic message signs are prohibited.

(B). The following regulations shall apply to off-premise signs in the C, I-1 and I-2 Districts:

(1). A maximum sign area of 288 square feet.
(2). There shall be no more than one sign face per direction of facing.
(3). The maximum height shall be 40 feet. (amended by MC16-69-04)
(4). No part of the sign face or structure shall be located in or overlap into the required side or rear yard setbacks or public right-of-way.
(5). Spacing requirements. (amended by MC16-19-94)

(a). All new permitted off-premise signs may be an electronic message sign subject to requirements listed in Article 16.01 (E). ELECTRONIC MESSAGE SIGNS.
(b). All existing off-premise signs within the C, I-1, and I-2 zoning districts may obtain a permit to become an electronic message sign subject to requirements listed in Article 16.01 (E). ELECTRONIC MESSAGE SIGNS.

17.03 Reserved.

(A). Reserved. (amended by MC16-69-04 and MC16-73-05)
(B). Reserved.

17.04 EXCEPTIONS.

(A). Reserved.
(B). Political campaign signs provided the signs are removed within five days after the election.
(C). Directional signs, street name signs, or other signs which have been authorized and directed by a governmental unit.

17.05 PROHIBITED SIGNS. The following signs are prohibited:

17.06. MAINTENANCE AND REMOVAL. Every off-premise sign shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period the County may remove such sign at the owner’s expense. (amended by MC16-19-94)

17.07 PERMIT REQUIREMENTS. All off-premise signs require a building permit to be obtained prior to the construction or placement of each sign, except temporary political campaign signs and signs which were authorized and directed by a governmental unit.

18.00 NONCONFORMING AND NONSTANDARD USES

18.01 PURPOSE AND INTENT. The purpose of this article is to provide for the regulation of nonconforming uses, buildings, and structures, and to specify those circumstances under which they shall be permitted to continue.

18.02 CONTINUATION OF NONCONFORMING USES. Subject to the provisions of this article, the lawful use of a premise existing immediately prior to the effective date of this ordinance may be continued although such use does not conform to the provisions hereof.

18.03 USE BECOMING NONCONFORMING BY CHANGE IN LAW OR BOUNDARIES. Whenever the use of a premises becomes a nonconforming use through a change in zoning ordinance or district boundaries, such use may be continued, although the use does not conform to the provisions thereof.

18.04 CHANGE IN NONCONFORMING USE. If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification. For the purposes of this article, each of the following classifications shall be considered to be “more restrictive” than those it precedes:

1. RC Recreation/Conservation
2. RR Rural Residential
3. R-1 Residential
4. C Commercial
5. I-1 Industrial
6. I-2 Industrial

Whenever a nonconforming use has been changed to a more restrictive use or to a permitted use, such use shall not thereafter be changed to a less restrictive use.

18.05 EXTENSION OR ENLARGEMENT. A nonconforming use shall not be enlarged, extended, converted, reconstructed, or structurally altered unless such use is changed to a use permitted in the district in which the premise is located except that a conditional use permit may be authorized after the following criteria are given specific consideration:

(A). Effect on surrounding property values.
(B). The density of land use zoning for the subject and adjacent properties.
(C). The degree of hardship upon the applicant which would be caused by failure to grant the permit.
(D). It can be demonstrated that it was the owner’s intent to use the entire premises for said use prior to the adoption, revision or amendment of this ordinance.

18.06 RESTORATION AFTER DAMAGE. When the use of a building is nonconforming as defined by this ordinance and such a building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than 60 percent of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located. Exception: Single family dwellings may be restored if damaged less than 100 percent.

18.07 DISCONTINUANCE OF NONCONFORMING USE. In the event that a nonconforming use is discontinued for more than one year, any subsequent use shall thereafter be in conformity with the regulations of the district in which it is located.

18.08 EFFECT ON USE WHICH IS ILLEGAL UNDER PRIOR LAW. Nothing in this ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this ordinance.

18.09 CONTINUATION OF NONSTANDARD USES. Nonstandard uses existing immediately prior to the effective date of this ordinance may be continued, although such uses do not conform to the provisions hereof.
Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:

(A). Enlargements, extensions, conversions, or structural alterations may be made as required by law or ordinance.
(B). Structural alteration of buildings or structures may otherwise be made if such changes do not encroach into an existing front yard, side yard, or rear yard which is less than the minimum required yards for the district in which they are located.
(C). Enlargement, extension, conversion of buildings or structures may otherwise be made if such changes comply with the minimum required yards, lot area, height, landscaping, parking, and density for the district in which they are located.

19.00 CONDITIONAL USE PERMITS

19.01 PROCEDURE. The Planning Commission may authorize by conditional use permit the uses designated in this ordinance when located in a zoning district allowing such use. The Planning Commission shall impose such conditions as are appropriate and necessary to insure compliance with the Comprehensive Plan and to protect the health, safety, and general welfare in the issuance of such conditional use permit.

19.02 APPLICATION. To obtain a conditional use permit, the applicant shall file an application with the Office of Planning and Zoning on a form as provided. Every application shall contain the following information:

(A). Legal description of the land on which such conditional use is requested.
(B). Name, address, phone number, and signature of the owner of the property which is the subject of such application. (amended MC16-94-07 07-17-07)
(C). Name, address and phone number of the person making the application if made by anyone other than the owner.
(D). Zoning district classification under which the property is regulated at the time of such application.
(E). Any other information concerning the property as may be requested by the Office of Planning and Zoning.

19.03 FEES. Upon the filing of any application for conditional use with the Office of Planning and Zoning, the applicant shall pay to the County the appropriate fee as designated in Article 24.00.

19.04 INFORMATION ON SITE PLAN. In addition to the following information, plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this ordinance and all relevant laws, rules, and regulations.

EXCEPTION: The Planning Director may waive the submission of plans, if he finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title.

(A). The address of the property and the legal description.
(B). The name of the project and/or business.
(C). The scale and north arrow.
(D). All existing and proposed buildings or additions.
(E). Dimensions of all buildings.
(F). Distance from all building lines to the property lines at the closest points.
(G). Building height and number of stories.
(H). Dimensions of all property lines.
(I). Parking lots or spaces; designate each space, give dimensions of the lot, stalls, and aisles.
(J). Screening; show height, location, and type of material to be used.
(K). The landscaped setback and trees; indicate species of trees and material to be used for landscaping.
(L). Name and location of all adjacent streets, alleys, waterways and other public places.

Approved plans shall not be changed, modified, or altered and all work shall be done in accordance with the approved plans.

19.05 PLANNING COMMISSION HEARING. Upon the filing of an application for a conditional use permit, the Planning Director shall set a date for public hearing on such requested conditional use, at which time and place the Minnehaha County Planning Commission shall meet to consider the conditional use request.

(A). NOTIFICATION. A good faith effort must be made by the applicant to notify all property owners (inclusive of Contract for Deed buyers) of land laying within five hundred (500) feet, inclusive of right-of-way, of the outer boundaries of the property involved in the request. The list of landowners to be notified shall be determined by records of the Director of Equalization. The Planning Department shall provide the applicant with “Notice of Hearing” forms for this purpose, and the notices are to be sent by the applicant to all parties on the aforementioned list by first class mail no less than one (1) week prior to the public hearing on the request held by the Planning commission. The applicant shall sign an affidavit certifying that the required mailing was completed. The affidavit shall be provided to the Planning Department at least five (5) working days prior to the Planning Commission meeting. (amended by MC16-88-06 7/18/06 and MC16-150-17)
CAFO & AQUACULTURE EXCEPTION: The applicant for a conditional use permit request for a new or expanding concentrated animal feeding operation or aquaculture facility must make a good faith effort to notify all property owners (inclusive of Contract for Deed buyers) of land laying within one-half (1/2) mile, inclusive of right-of-way, of the outer boundaries of the property involved in the request. The list of landowners to be notified shall be determined by records of the Director of Equalization. The Planning Department shall provide the applicant with “Notice of Hearing” forms for this purpose, and the notices are to be sent by the applicant to all parties on the aforementioned list by certified mail no less than fifteen (15) days prior to the public hearing on the request held by the Planning commission. The applicant shall provide the Planning Department the addressed certified mail receipts at least five (5) working days prior to the Planning Commission meeting. (amended by MC16-150-17 & MC16-157-18)
(B). SIGNS. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.
(C). ACTION. The Planning Commission shall decide whether to grant the conditional use with such conditions and safeguards as are appropriate or to deny a conditional use when not in harmony with the purpose and intent of these regulations. The decision of the Planning Commission shall be final unless an appeal is filed in accordance with Article 19.06.
(D). CONDITIONAL USE PERMIT CRITERIA. The following criteria shall be considered by the Planning Commission in their review of Conditional Use Permit applications:

1. The effect upon the use and enjoyment of other property in the surrounding area for the uses already permitted, and upon property values within the surrounding area.
2. The effect upon the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
3. That utilities, access roads, drainage, and other necessary facilities are provided.
4. That the off-street parking and loading requirements of these Zoning Ordinances are met.
5. That measures are taken to control offensive odor, fumes, dust, noise, vibration, and lighting (inclusive of lighted signs), so that none of these will constitute a nuisance.
6. Health, safety, general welfare of the public and the Comprehensive Plan.
These criteria shall be in addition to any specific criteria set forth under various conditional uses in Articles 3.04, 4.04, 5.04, 6.04, 7.04, 8.04, 9.01, and 12. (amended by MC16-138-14 9/28/14)

19.06 APPEAL OF PLANNING COMMISSION DECISION. The decision rendered by the Planning Commission on a conditional use permit may be appealed to the Board of County Commissioners. The applicant or any other person aggrieved by the decision of the Planning Commission shall file a written appeal with the Office of Planning and Zoning within five working days of the Planning Commission decision. When an appeal is filed, the Planning Director shall present the Planning Commission’s decision to the Board of County Commissioners for review. Notice of the meeting shall be given as required by Article 19.05 (A). The Board shall vote to either uphold, overrule or amend the decision of the Planning Commission.

19.07 AMENDMENTS.

A. Any approved conditional use plan or conditional use plan addendum may be amended as provided in this section, or entirely withdrawn by the applicant. The Planning Director may approve minor changes to an approved plan without notice or hearings, after consideration of the record from the original public hearing on the plan. (amended by MC16-125-13 2/19/13)
B. Minor changes to an approved conditional use plan shall be done administratively. Minor changes may include but are not limited to minor relocation or reorientation of buildings, lot lines, or easements; relocation of points of access if approved by the appropriate road authority; relocation of internal access and circulation; or relocation or rearrangement or parking areas; reduction in the designated parking spaces, but not less than required under Article 15.00; reorientation of landscaping. (amended by MC16-125-13 2/19/13)
C. Major changes to an approved conditional use plan shall follow the public hearing approval process in Section 19.05. Major changes may include but are not limited to major relocation or reorientation of buildings which have external impacts on adjacent property; reduction in landscaping, an increase in the provision of utilities or infrastructure demands; increase in sign height or sign size. (amended by MC16-125-13 2/19/13)

19.08 EXPIRATION. A conditional use permit which has been approved shall expire by limitation and become null and void if the building, work or use authorized by such conditional use permit is not commenced within two years from the date of approval. This provision shall not apply to a conditional use permit approved for a residential use in the A-1 or RC zoning districts. Upon written request to the Planning Director and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted by the Planning Director, subject to the following conditions: (amended by MC16-19-94 and MC16-150-17)

(A). There was no public objection presented during the public hearing process for the original conditional use permit;
(B). The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit.

19.09 PREEXISTING USES. An existing use eligible for a conditional use permit which was lawfully established on the effective date of this ordinance shall be deemed to have received a conditional use permit as herein required and shall be provided with such permit by the County upon request, and it shall not be a nonconforming use; provided, however, for any enlargement, extension, or relocation of such existing use, an application in accordance with this ordinance shall be required.

19.10 REAPPLICATION. No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the Planning Commission or Board of County Commissioners shall be again considered by the Planning Commission before the expiration date of six (6) months from the date of the final action on the petition.

19.11 RECALL & REVIEW.
If the County Planning Director finds that at any time that the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, or that the use endangers the health and welfare of the public, the Director may recall the conditional use permit for a review by the Minnehaha County Planning Commission. The permittee, landowner and/or operator and other impacted persons shall be notified 15 days prior to the County Planning Commission hearing. The County Planning Commission shall have the authority to amend, revise, delete or add conditions to the conditional use permit in event that they determine the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, or that the use endangers the health and welfare of the public.
(amended by MC16-19-98 and MC16-73-05 6/16/05 and MC16-125-13 2/19/13)

19.12 REVOCATION.
If the County Planning Director finds that at any time that the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Director shall report this fact to the permittee, landowner, and/or operator, and the Minnehaha County Planning Commission. The County Planning Commission may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions, or requirements of the permit. (amended by MC16-125-13 2/19/13)

20.00 CHANGE OF ZONE

20.01 APPLICATION TO COUNTY OR BY COUNTY FOR ZONING CHANGE. Any person, firm, or corporation desiring a change in regulations, restrictions, or boundaries of the zoning map of any property from one zoning district classification to another zoning district classification under this ordinance, shall make application for such change with the Office of Planning and Zoning. Such application form shall be provided by the Office and be completed in full by the applicant.
The Board of County Commissioners may from time to time on its own motion, after public notice and hearing, and after a recommendation by the Planning Commission amend, supplement, or change the boundaries or regulations herein or subsequently established.

20.02 FEES. Upon the filing of any application for a zoning district classification change with the Office of Planning and Zoning, the applicant shall pay to the County the appropriate fee as designated in Article 24.00.

20.03 PLANNING COMMISSION HEARING. Upon the filing of an application and payment of the fee, the Office of Planning and Zoning shall set a date for public hearing at which time the Planning Commission will consider such requests for a change in zoning district classification. The date for a public hearing shall be a day when the Planning Commission is regularly scheduled to meet.

(A). LEGAL NOTICE. The Planning Director shall cause to be published a legal notice as required in SDCL 11-2-29.
(B). SIGNS. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.
(C). PLANNING COMMISSION RECOMMENDATION. The Planning Commission shall consider all applications for zoning district classification changes and make a recommendation to the Board of County Commissioners.

20.04 BOARD HEARING. The Board of County Commissioners shall conduct a public hearing on all applications which have been forwarded to them from the Planning Commission.

(A). LEGAL NOTICE. The Board shall cause to be published a legal notice as required in SDCL 11-2-19.
(B). SIGNS. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five days prior to the scheduled hearing.
(C). HEARING. Upon the day of such public hearing, the Board shall review the decisions and recommendations of the Planning Commission on all applications. The Board, in making its determination on such applications, may make changes in the zoning map in accordance with or in rejection or modification of the recommendations of the Planning Commission.

20.05 REAPPLICATION. No application requesting a zoning district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board, shall again be considered by the Planning Commission before the expiration of six months from the date of the final action of the Board.

21.00 ZONING BOARD OF ADJUSTMENT

21.01 ESTABLISHMENT. The Minnehaha County Planning Commission shall act as the Zoning Board of Adjustment. The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances, and hear appeals to the terms of these regulations in harmony with the general purpose and intent and in accordance with general and specific rules herein contained.

21.02 OPERATIONAL PROCEDURE.

(A). The Board shall meet at the regularly scheduled meetings of the Planning Commission. All meetings of the Board shall be open to the public and all business coming before the Board shall be transacted at such meetings.
(B). The Board shall keep minutes of its proceedings, records of examinations and other official actions, all of which shall be filed in the Office of Planning and Zoning and shall be a public record.

21.03 APPEALS. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Planning Director in the enforcement of these regulations.
21.04 VARIANCES. The Zoning Board of Adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case that all of the following conditions are present:

(A). The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(B). The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use.
(C). The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located.
(D). The proposed variance will not unreasonably impair an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area.
(E). That because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(F). That the variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations.
(G). The Board shall hear and make determinations on variance to exceed the height limits as established by these regulations.
(H). The Board of Adjustment, under its authority to grant variances may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.

21.05 APPLICATION TO COUNTY FOR VARIANCE. Any person, firm or corporation desiring a variance or wishing to appeal a decision of the Planning Director or authorized representatives shall make application for such request to the Office of Planning and Zoning. Such application shall be provided by the Office and be completed in full by the applicant.

21.06 FEES. Upon the filing of any application for a variance or appeal by the Board, the applicant shall pay to Minnehaha County the appropriate fee as designated in Article 24.00. These fees shall be utilized to help defray necessary administrative costs of processing the application as required.

21.07 HEARING. Upon the filing of an application, the Office of Planning and Zoning shall set a date for public hearing, at which time and place the Zoning Board of Adjustment shall meet to consider the request for variance or appeal.

(A). SIGNS. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on the property at least five days prior to the scheduled hearing.
(B). DECISION. All requests under this article shall be acted upon at a meeting of the Planning Commission. A favorable vote by a majority of the members of the Board shall be required to approve each request.

21.08 APPEALS FROM DECISION OF BOARD. Appeals may be taken to the Circuit Court by any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the County, aggrieved by any decision of the Board of Adjustment, in the manner and form provided by the statutes of the State of South Dakota, in such cases made and provided.

21.09 LIMITATIONS. Any order of the Board of Adjustment granting a variance may be declared invalid by the Board of Adjustment unless substantially completed within two years from the date of such order. The Planning Director shall notify the property owner of record upon invalidation of a variance.

22.00 ADMINISTRATION AND ENFORCEMENT

22.01 POWERS AND DUTIES.

(A). The Planning Director is hereby authorized and directed to enforce all the provisions of this ordinance and establish rules for its administration.
(B). In accordance with prescribed procedures and with the approval of the Board of County Commissioners, the Planning Director may appoint technical officers and inspectors and other employees that shall be authorized to assist in the enforcement of this ordinance.

22.02 RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, or whenever the Planning Director or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises an ordinance violation, the Planning Director or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Planning Director by this ordinance, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Planning Director or an authorized representative shall have recourse to every remedy provided by law to secure entry.
When the Planning Director or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Planning Director or an authorized representative for the purpose of inspection and examination pursuant to this ordinance.

22.03 STOP ORDER. Whenever any work is being done contrary to the provisions of this ordinance, the Planning Director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Planning Director to proceed with the work.

22.04 OCCUPANCY VIOLATION. Whenever any building or structure regulated by this ordinance is being used contrary to the provisions of this ordinance, the Planning Director may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such persons shall discontinue the use within the time prescribed after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this ordinance.

23.00 BUILDING PERMITS

(Sections 23.01-23.08 amended MC16-96-07 8/21/07)

23.01 BUILDING PERMITS REQUIRED. It shall be unlawful for any person, firm or corporation to erect, construct, change, enlarge, alter, repair, move, improve, remove, convert, demolish, use, occupy or maintain any building, structure or land use regulated by this ordinance or cause the same to be done without first obtaining a separate building permit for each building, structure or land use change from the Office of Planning & Zoning. A zoning permit is required prior to a change of use or occupancy within a building or structure.

23.02 APPLICATION. To obtain a building permit, the applicant shall apply at the Office of Planning & Zoning. Every applicant shall:

(A). Identify and describe the work to be covered by the permit for which application is made.
(B). Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(C). Indicate the proposed use or occupancy and work proposed.
(D). Be accompanied by a site plan.
(E). Be signed by permittee, or his authorized agent, who may be required to submit evidence to indicate such authority.
(F). Give such other data and information as may be required by the Planning Director.

23.03 INFORMATION ON SITE PLAN. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this ordinance and all relevant laws, ordinances, rule, and regulations.
EXCEPTION: The Planning Director may waive the submission of plans, if he finds that the nature of the work or change in land use applied for is such that reviewing of plans is not necessary to obtain compliance with this ordinance.

23.04 ISSUANCE. The application, plans and other data filed by an applicant for a building permit shall be reviewed by the Planning Director. Such plans may be reviewed by other departments to verify compliance with any applicable laws or requirements under their jurisdiction.
If the Planning Director finds that the work described in an application for a permit and the plans, and other data filed therewith, conform to the requirements of this ordinance and other pertinent laws and ordinances, upon receipt of the building permit fee, the building permit shall be issued.
The Planning Director may issue a building permit for the construction or use of part of a building or a structure before the entire plans for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this ordinance. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building, structure, or use will be granted.

23.05 VALIDITY OF PERMIT. The issuance or granting of a permit or approval of plans shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this ordinance or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this ordinance shall be valid.

23.06 EXPIRATION. Every building or zoning permit issued under the provisions of this ordinance shall expire by limitation and become null and void if the building or work or use authorized by such permit is not commenced within 180 days from the date of such permit, or if the building, work, or use authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall first be obtained to do so, provided no changes have been made or will be made in the original plans and specifications for such work.

23.07 SUSPENSION OR REVOCATION. The Planning Director may, in writing, suspend or revoke a building or zoning permit issued under the provisions of this ordinance whenever the permit is issued in error or on the basis of incorrect information supplied.

23.08 ZONING PERMITS REQUIRED. It shall be unlawful for any person, firm or corporation to change the use or occupancy within any building or structure regulated by this ordinance,
or cause the same to be done without first obtaining a separate zoning permit for each use or occupancy change from the Office of Planning & Zoning. If the Planning Director finds that the change described in an application for a permit and the plans, and other data filed therewith, conform to the requirements of this ordinance and other pertinent laws and ordinances, the zoning permit shall be issued. A zoning permit shall be subject to the regulations of Section 23.06 Expiration and Section 23.07 Suspension or Revocation as outlined in this ordinance.

24.00 FEES

24.01 GENERAL REGULATIONS. The fees set forth in this article shall be paid at the time of filing an application with the Office of Planning and Zoning. Such fee shall be payable to the County Treasurer and under no conditions shall any fee be refunded after publication of any required legal notice or, if notice is not required, after the Planning Commission has considered the application. No action shall be taken upon any application unless all fees have been paid.

24.02 CHANGE OF ZONE. A fee of $350.00 shall be charged for filing an application to change the zoning classification of property, except to the Planned Development District. If any use, for which a rezoning is required, is commenced prior to the application for a rezoning, the application fee shall be double the regular fee. (amended by MC16-19-94 and MC16-69-04 and MC16-79-05)

24.03 MAJOR AMENDMENT. A fee of $100.00 shall be charged for the filing of an application for a major amendment to a Planned Development District. (amended by MC16-69-04)

24.04 MINOR AMENDMENT. A fee of $50.00 shall be charged for the filing of an application for a minor amendment to a Planned Development District. (amended by MC16-69-04)

24.05 CONDITIONAL USE.

(A). Except as required in Section 24.05(b) below, a fee of $250.00 shall be charged for filing an application for a conditional use permit in any district.

(B). Transmission Pipeline:

(1). A fee of $25,000.00 shall be charged for filing an application for a conditional use permit for a Transmission Pipeline.

(2). If a conditional use is granted for a Transmission Pipeline, the Applicant or actual operator or their successors, assigns and agents shall pay to the County an annual fee of $300 per linear mile of pipeline within the County. The fee shall be used to defray the direct and indirect costs associated with general administration and enforcement of this section. The fee shall be payable by January 20th of each year and deposited in the general fund of the County.

(C). If any use, for which a conditional use permit is required, is commenced prior to the application for a conditional use permit, the application fee shall be double the regular fee. (amended by MC16-19-94 and MC16-69-04 and MC16-79-05) (amended by MC16-179-23 8-13-2023)

24.06 BOARD OF ADJUSTMENT. A fee of $250.00 shall be charged for filing a variance application or an appeal to the Zoning Board of Adjustment. (amended by MC16-69-04 and MC16-79-05)

24.07 ZONING PERMIT. A fee of $50.00 shall be charged for all zoning permits not requiring a building permit fee. (amended by MC16-79-05)

24.08 PLANNED DEVELOPMENT DISTRICT. A fee of $350.00 plus $50.00 for each subarea shall be charged for the filing of an application to change to the Planned Development District. If any use, for which a rezoning is required, is commenced prior to the application for a rezoning, the application fee shall be double the regular fee. (amended by MC16-19-94 and MC16-69-04 and MC16-79-05)

24.09 AGRICULTURAL TOURISM PERMIT. A fee of $250.00 shall be charged for the filing of an agricultural tourism permit. If the use, for which an agricultural tourism permit is required, is commenced prior to the application for a permit, the application fee shall be double the regular fee. (amended by MC16-105-09 6/16/09)

25.00 GENERAL PROVISIONS

25.01 GENERAL REGULATIONS. The following general regulations shall apply to all zoning districts:

(A). Except as otherwise provided, no building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any structure or land be used:

(1). Except for a purpose permitted in the district in which the structure or land is located;
(2). Except in conformance with the height and minimum lot requirements, and the parking and sign regulations, and any other applicable requirements of the district in which the structure or land is located.
(3). Except in conformance with any Federal, State or County codes as may be applicable. Where these regulations and any other rules and regulations conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(B). The density and yard requirements of these regulations are minimum regulations for each and every building existing at the effective date of these regulations and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building.
(C). Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on a lot except as otherwise provided in these regulations.
(D). Cooperatives, condominiums, and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.

25.02 VIOLATION AND PENALTY. Violations shall be treated in the manner specified below:

(A). The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be punished pursuant to SDCL 7-18A-2. Each and every day that such violation continues may constitute a separate offense. (amended by MC16-19-94 and MC16-19-07 07-17-07 & MC16-96-07 08-21-07)
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations, the appropriate authorities of Minnehaha County, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land.

25.03. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the flood zone or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of Minnehaha County or on any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.

25.04 INTERPRETATION, ABROGATION, AND SEVERABILITY. In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and other regulations, easement, covenant or deed restriction conflict or overlap whichever imposes the more stringent restrictions shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only. If any section, clause, provision or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.

25.05 SAVING CLAUSE. These regulations shall in no manner affect pending actions either civil or criminal, founded on or growing out of any regulations hereby repealed. These regulations shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any regulations repealed.

25.06 PURPOSE OF CATCH HEADS. The catch heads appearing in connection with the sections of these regulations are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each article are to serve as general references only. The catch heads, introductory statements, and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court, or other tribunal in construing the terms and provisions of these regulations.

25.07 EFFECTIVE DATE. These regulations shall be in full force and effect from and after its passage and publication as provided by law.

26.00 DEFINITIONS

26.01 PURPOSE. For the purpose of these regulations certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word ‘building’ shall include the word ‘structure’ and ‘premises’; the word ‘shall’ is mandatory and not directory; the words ‘used’ or ‘occupied’ include the words ‘intended’, ‘designed’ or ‘arranged to be used or occupied’; the word ‘lot’ includes the words ‘plot’, ‘parcel’ or ‘tract’, and the word ‘person’ includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
26.02 DEFINITIONS.

1. Reserved. (amended by MC16-161-19)

5. ACCESSORY BUILDING OR USE. A subordinate building or portion of the main building, the use of which is incidental to and customary in connection with the main building or the main use of the premises and which is located on the same lot with such main building or use. An accessory use is one which is incidental to the main use of the premises.
5A. ADAPTIVE RESUSE. The modification of an existing single family dwelling, upon the issuance of a building permit, into an accessory building or use. (amended by MC16-111-10)

6. ADULT AMUSEMENT OR ENTERTAINMENT ESTABLISHMENT. Any use
which has as part of its operations amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as herein defined, or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment. (amended by MC16-29-95)

7. ADULT BOOKSTORES. An establishment having as a substantial or significant portion of its stock and trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as herein defined, or an establishment with a segment or section devoted to the sale or display of such materials. (amended by MC16-29-95)

8. ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than fifty (50) persons used for presenting material for observation by patrons and which excludes minors by virtue of age. (amended by
MC16-29-95)

9. ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified
anatomical areas” as herein defined, for observation by patrons therein. (amended by MC16-29-95)
9A. ADULT PHOTO STUDIO. An establishment which, on payment of a fee, provides photographic equipment and/or models for the purpose of photographing “specified anatomical areas”, as herein defined. (amended by MC16-29-95)

9B. ADULT USE. The term “adult use” shall include adult amusement or entertainment establishment, adult bookstores, adult mini motion picture theaters, adult motion picture theaters, and adult photo studios. (amended by MC16-29-95)

10. AGRICULTURE. The use of land for agricultural purposes including farming, dairying, raising, breeding, or management of livestock, poultry, fish, or honey bees, truck gardening, forestry, horticulture, floriculture, viticulture, and the necessary accessory uses for packaging, treating or storing the produce providing that the operation of any such accessory use shall be secondary to the normal agricultural activities. (amended by 16-40- 98 and MC16-150-17)
10A. AGRICULTURAL WORKFORCE HOUSING . Means any living quarters which meet the requirements of the International Building Code and International Housing Code, provided by any agricultural employer required to provide such housing for employees or families employed as labor force in agricultural activities on land owned and operated by such employer. (amended by MC16-127-13 3/19/13)

11. AGRICULTURAL TOURISM. Agriculturally related accessory uses, that are subordinate to the growing of crops or the raising of livestock, designed to bring the public to the farm on a temporary or continuous basis, such as U-pick farm sales, farm stands, farm mazes, pumpkin patches, farm animal viewing and petting, wagon rides, thrashing bees, farmland and activities tours, horticulture nurseries and associated display gardens, cider pressing, classes or workshops, wine, beer, spirits, or cheese tasting, and similar uses.
(amended by MC16-144-15 12/1/15)

12. AGRICULTURAL TOURISM PRODUCTS. Includes but is not limited to, crops (corn, wheat, hay, potatoes, hops, barley, rye, oats, and other grains); fruit (apples, peaches, grapes, cherries, berries.); cider; apiary products; vegetables (sweet corn, pumpkins, tomatoes.); floriculture; herbs; forestry; husbandry; livestock and livestock products (cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs, fur); aquaculture products (fish, fish products, water plants and shellfish); and holiday trees. (amended by MC16-144-15 12/1/15)

13A. Reserved. (amended by MC16-161-19)

13B. Reserved. (amended by MC16-161-19)

14A. AGRICULTURAL TOURISM SPECIAL EVENT. An activity, involving more than 100 people, that is desirable but unrelated to agriculture, which is held on active, agriculturally productive land in conjunction with agricultural tourism. Special events are open to the public and include festivals, craft shows, and other similar events. Music festivals and/or outdoor concerts are not special events and require temporary use permit approval. (amended by MC16-144-15 12/1/15)

14B. AGRICULTURAL TOURISM PRIVATE EVENT. Events not related to the operational and marketing aspects of the agricultural tourism use, such as weddings, receptions, and meetings/retreats, and which are not open to the public. The maximum number of participants that shall be allowed by the Planning Director shall not exceed 250. (amended by MC16-144-15 12/1/15)

14C. AGRICULTURAL EMPLOYER. Means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. . (amended by MC16-127-13 3/19/13)

14D. AGRICULTURAL WORKER, MIGRANT OR SEASONAL. As defined by the
U.S. Department of Labor. . (amended by MC16-127-13 3/19/13)

15. AIRPORT. A place where aircraft can land and takeoff, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers, including heliports.

18. ANIMAL LIVESTOCK SHELTER. Any facility operated, owned or maintained by a duly incorporated Humane Society, animal welfare organization, non-profit organization, or person for the purpose of providing for and promoting the welfare, protection and the humane treatment of livestock. Livestock does not include exotic animals or household pets as defined by Ordinance MC29-02 the 2002 Minnehaha County Animal Control Ordinance.

19. ANIMAL SHELTER. Any facility operated, owned or maintained by a duly incorporated Humane Society, animal welfare organization, non-profit organization, or person for the purpose of providing for and promoting the welfare, protection and the humane treatment of animals. (amended by MC16-81-06)

20. ANIMAL UNIT. A unit of measurement based on the amount of manure produced by the animal. For the purposes of this ordinance animal units (AU) shall be calculated according to the following chart. Animal units relate to inventory rather than annual production. Animal units are computed by multiplying the number of head of a particular animal times the corresponding animal unit equivalent. Other animal species equivalent which are not listed will be based on species’ manure production. (amended by MC16-40-98 and MC16-150-17)

ANIMAL SPECIES	ANIMAL UNIT EQUIVALENT (AU/HEAD)
Feeder or Slaughter Cattle	1.0
Mature Dairy Cattle	1.4
Finisher Swine (over 55 lbs.)	0.4
Nursery Swine (less than 55 lbs.)	0.1
Farrow-to-Finish (sows)	3.7
Swine Production Unit (sows, breeding, gestating and farrowing)	0.47
Horses	2.0
Sheep	0.1
Turkeys	0.018
Laying Hens and Broilers (liquid manure handling system)	0.033
Chickens, other than laying hens (other than liquid manure handling system)	0.008
Laying Hens (other than liquid manure handling system)	0.012
Ducks (liquid manure handling system)	0.2
Ducks (other than liquid manure handling system)	0.033

21. [Reserved] (amended by MC16-150-17)

22. [Reserved] (amended by MC16-150-17)

23. [Reserved] (amended by MC16-150-17)

24A. ANTENNA. Any device that radiates or captures electromagnetic wave signals, including digital voice and data signals, analog voice and data signals, video signals or microwave signals, and is mounted on a structure that allows freedom from obstruction for the radiation and capture of the electromagnetic signals.
(amended by MC16-65-03)

24B. ANTENNA SUPPORT STRUCTURE. Any existing structure that supports communications facilities, such as but not restricted to, telecommunications and
broadcast towers, buildings, clock towers, steeples and light poles. (amended by MC16- 65-03)

25A. AQUACULTURE. The farming or culture of food fish, shell fish, or other aquatic plants or animals and may require development such as fish hatcheries, rearing pens, and structures and shellfish rafts, as well as use of natural spawning and rearing areas. A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility if it grows, contains, or holds aquatic animals in either cold or warm water produced in ponds, raceways, or other similar structures. The term also includes activities related to growing, handling, harvesting, or processing of aquatic produce, and, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures, and processing for market. (amended by MC16- 150-17)

25B. AQUACULTURE, COLD WATER SPECIES. The cold water species category includes facilities where animals are produced in ponds, raceways, or other similar structures that discharge at least 30 days per year but does not include facilities that produce less than approximately 20,000 pounds per year or facilities that feed less than approximately 5,000 pounds during the calendar month of maximum feeding. Cold water fish or other animals that thrive in cold water including the Salmonidae family of fish; for example, trout and salmon. (amended by MC16-150-17)

25C. AQUACULTURE, WARM WATER SPECIES. The warm water species category includes facilities where animals are produced in ponds, raceways, or other similar structures that discharge at least 30 days per year, but does not include closed ponds that discharge only during periods of excess runoff or facilities that produce less than approximately 100,000 pounds per year. Warm water fish or other animals that thrive in warm water including the Ameiuride, Centrachidae, and Cyprinidae families of fish; for example, catfish, sunfish, and minnows, respectively. (amended by MC16-150-17)

25D. AQUACULTURE, WASTE. Waste water and biosolids resulting from fish production of an aquaculture facility. (amended by MC16-150-17)

26A. AQUIFER. A zone stratum or group of strata that can store and transit water in sufficient quantities for specific use.

26B. AQUIFER, SHALLOW. Any aquifer having the following characteristics:
(amended by MC16-40-98)

(1). The aquifer is within fifty (50) feet or less below the land surface with fifteen (15) feet or less of continuous, overlying, extremely low permeability material, such as clayey till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability for purposes of this ordinance; or
(2). The aquifer is greater than fifty (50) feet but less than one hundred feet
(100) below the land surface with thirty (30) feet or less of continuous, overlying, low to extremely low permeability geological material that may be a combination of weathered and unweathered till, shale, or till and shale.

30. AUTOMOBILE SALES. The use of any building, land area, or their premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.

35. AUTOMOBILE SERVICE STATION. Shall mean any building or premise which provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automobile repair work may be done at a service station provided that no rebuilding of engines, spray paint operations, or body or fender repair is permitted. Gasoline pumps and gasoline pump islands shall be located more than twelve (12) feet from the nearest property line.

40. AUTOMOBILE STORAGE YARD. The temporary storage of vehicles which are impounded, licensed, and operable, in an unroofed area.

45. BANNERS. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame secured or mounted so as to allow movement of the sign caused by movement of the atmosphere; i.e. pennants, twirling signs, balloons, or other gas-filled figures, ribbons, or other similar moving devices.

50. BAR/LOUNGE. An establishment that is licensed to sell alcoholic beverages, including beer, by the drink.

55. BED AND BREAKFAST ESTABLISHMENT. A bed and breakfast accommodation may provide no more than ten bedrooms for guests (exclusive of the living quarters of the owner or operator). Guests at a bed and breakfast accommodation may stay up to fourteen consecutive days provided that the bed and breakfast accommodation may only offer a daily rate and shall not offer weekly or bi-weekly rates. A bed and breakfast accommodation may include kitchen and dining facilities to furnish meals for guests only. Food preparation within a guest bedroom is prohibited. A bed and breakfast accommodation may not include a restaurant, banquet facilities or similar services. (amended by MC16-105-
09 6/16/09)

60. BILLBOARD. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Also, an off-premise sign.

65. BOARD OF COUNTY COMMISSIONERS. The governing body of Minnehaha County.

70. BOARDINGHOUSE. A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.

75. [Reserved.] (amended by MC16-65-03)

80. BUILDABLE AREA. That portion of the lot that can be occupied by the principal use, thus excluding the front, rear and side yards.

85. BUILDING. Any structure, either temporary or permanent, forming an open, partially enclosed, or enclosed space constructed by a planned process of materials and components to be designated and used for the shelter or enclosure of any person animal or property of any kind. For the purpose of these regulations, retaining walls, concrete slabs, utility poles and fences are not considered structures. (amended by MC16-73-05)

90. BUILDING, DETACHED. A building surrounded by open space on the same lot.

95. BUILDING ELIGIBILITY. See ‘eligible building site’.

100. BUILDING, HEIGHT OF. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs.

105. BUILDING LINE. Is a line on the lot running parallel to and the required horizontal distance from the nearest property line.

110. BUILDING, PRINCIPAL. A nonaccessory building in which is conducted the principal use of the lot on which it is located.

115. BUS/TRUCK TERMINAL. An area and building where buses, trucks, and cargo are stored; where loading and unloading are carried on regularly; and where minor maintenance of these types of vehicles is performed.

120. CAMPGROUND. A plot of ground consisting of two or more campsites where camping units can be located and occupied as temporary living quarters.

125. CATHODIC PROTECTION. A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell; protection of a tank through the application of either galvanic anodes or impressed current.

130. CHANGE OF USE. Substitution of one thing for another specifically regarding use of land or use of a building.

133. CO-LOCATION. The siting of multiple antennas on the same structure, monopole, lattice tower or specialty pole. (amended by MC16-65-03)

135. COMMERCIAL RECREATION FACILITY. A recreation facility operated as a business and open to the public for a fee.(amended by MC16-40-98)

137. CONCENTRATED ANIMAL FEEDING OPERATION. A lot, yard, corral, building or other area where animals have been, are, or will be stabled or confined for a total of 90 days or more during any 12 month period; and where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility. For the purpose of these regulations, a concentrated animal feeding operation is further divided into the following classes: (amended by MC16-150-17)

ANIMAL UNITS
Class A 2,000 or more
Class B 1,000 to 1,999
Class C 250 to 999
Class D 50 to 249

138. CONCENTRATED ANIMAL FEEDING OPERATION – EXISTING. An operation of at least 50 animal units which existed on May 26, 1998.

139. [Reserved] (amended by MC16-150-17)

140. CONTAINMENT FACILITY, PRIMARY. The tank, pit, container, pipe, enclosure, or vessel of first containment of a regulated substance.

145. CONTAINMENT FACILITY, SECONDARY. A second level of containment outside the primary containment facility designed to prevent a regulated substance from reaching land or waters outside the containment area.

150. COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the area, including analysis, recommendations and proposals of economy, housing, transportation, community facilities, and land use.

155. CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district, but which if controlled, would promote the public health, safety and welfare.

160. CONTAMINATION, AIR. A concentration of any radioactive or toxic material which is a product, by-product, or otherwise associated with any exploration, mining or milling operation that increases ambient air radiation levels by 50 mrems from the background levels established prior to the commencement of such activity, measured at the perimeter of the mining or milling site or at the top of an exploration hole.

165. CONTAMINATION, WATER. A concentration of any radioactive or toxic material which is a product, by-product, or otherwise associated with any exploration, mining or milling operation that exceeds the maximum contaminate levels established by the Federal Safe Drinking Water Act and regulations promulgated thereunder.

170. CONTRACTOR’S SHOP AND STORAGE YARD. Use of land or building(s) for storage and preparation of materials used by that same individual(s) in conducting the business of construction and repair work, generally completed at some other on-site location.

175. DAY CARE. The providing of care and supervision of a child or children as a supplement to regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.

180. DAY CARE, CENTER. Is normally in a facility used only for providing day care nursery or pre-kindergarten services, and is limited in number over twelve (12) by the square footage of useable space available. The ratio is presently thirty-five
(35) square feet per child indoors and fifty (50) square feet per child outdoors.

185. DAY CARE, FAMILY. Care is done in a family home and the number of children cared for is limited to a maximum of six (6) children under fourteen. Included in that count are the providers’ own children six years and under. See (Home Occupation).

190. DAY CARE, GROUP. Is normally in a family home. The number of children cared for is seven (7) to twelve (12) children under the age of fourteen including the provider’s own children six years and under.

195. DENSITY. The number of families, individuals, dwelling units, or housing structures per unit of land.

200. DISTRICT. An area for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

205. DWELLING. A building, or portion thereof, constructed in conformance with the Uniform Building Code, and used exclusively for human habitation, including single-family, two-family, and multiple-family dwellings, but not including hotels, motels, or lodging houses. This definition does not include a mobile home or manufactured home (see subsection 460).

210. DWELLING, SINGLE FAMILY. A building designed for or occupied exclusively by one family.

215. DWELLING, TWO FAMILY. A building designed for or occupied exclusively by two families.

220. DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families.

225. DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.

230. ELECTRICAL SUBSTATION. A premises which may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main system.

235. ELIGIBLE BUILDING SITE (BUILDING ELIGIBILITY). A site which fulfills the requirements for the construction or placement of a residential dwelling or manufactured home. To compute the number of eligible building sites on a lot of record of forty acres or more, the total acreage of the parcel shall be divided by forty acres. The resulting whole number is the number of building sites eligible on the lot of record.

240. EXPLORATION. The act of searching for or investigating a mineral deposit. It includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts and other works for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, access ways, and other facilities related to such work. Any and all shafts, tunnels, or holes shall not exceed 18 inches in diameter unless the conditional use for exploration provides for a larger diameter. The term does not include those activities which cause no or very little surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand- carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, or other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not involved in exploration.

245. [Reserved.] (amended by MC16-65-03)

250. FAMILY. One or more individuals, related by blood or law, occupying a dwelling unit and living as a single household unit. A family shall not include more than three (3) adults who are unrelated by blood or law, in addition to persons actually related by blood or law the following persons shall be considered related by blood or law for the purposes of this ordinance: (1) A person residing with the family for the purpose of adoption; (2) Not more than six (6) persons under eighteen (18) years of age, residing in a foster home licensed or approved by a governmental agency; (3) Not more than four (4) persons nineteen (19) years of age or older residing with the family for the purpose of receiving foster care licensed or approved by a governmental agency; and (4) any person who is living with the family at the direction of a court.

255. [Reserved.] (amended by MC16-40-98)

257. FARMER’S MARKET. An area where space is rented to individual vendors who grow farm products such as agricultural and horticultural goods, or who produce food specialty products such as baked goods, candies, jams, jellies, spices, condiments, cheeses, eggs, milk, honey, meats, fish and pasta. This definition does not include the sale of arts and crafts products. (amended by MC16-105-09 6/16/09)

260. FARMSTEAD. An area which encompasses a farm dwelling or dwellings and other agricultural buildings and structures devoted to and used in connection with a farming operation. A farmstead is generally bounded on one or more sides by a tree belt, is located on one or more quarter- quarter section parcels or equivalent area, and does not include crop land, hay land or pasture. (amended by MC16-40-98 and MC16-150-17)

265. FLOOD INSURANCE RATE MAP (F.I.R.M.). An official map of Minnehaha County on which the Federal Insurance Administration has delineated the areas of flood hazard and their potential for flooding.

270. FLOODPLAIN. A land area adjoining a river, creek, watercourse or lake which is likely to be flooded and which is designated as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30 on the most recent adopted Flood Insurance Rate Map (F.I.R.M.) (amended by MC16-150-17)

275. FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities, structures, and contents of buildings in a flood hazard area.

280. FLOOR AREA. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement, or cellar when said space is used for storage or incidental uses.

281. FOOTPRINT. The spatial extent of the buildings, structures, maneuvering areas, storage, and similar items that are a part of a particular use of the site. The footprint is often bound by the exterior wall of a structure, driveway, the beginning of landscaping, or the beginning of an unrelated use on the same or different parcel. If the footprint of a land use that has the spatial extent of greater than 50% of the entire parcel of which it is located, then the lot lines of the parcel will be considered the footprint of the parcel. (amended by MC16-150-17)

282. FOWL. Birds of the order Galliformes gallus, the order Gallinaceous, and the order Anseriformes. (amended by MC16-139-14)

285. Reserved. (amended by MC16-161-19)

290. FRONTAGE. All the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.

290 A. FRONTAGE, BUILDING. The full area of exterior walls of a building which can be visible at one time excluding projections such as eaves, canopies, and awnings
and excluding any visible roof above the eaves or parapet. (amended by MC16-161-19 7/31/2019)

295. GARAGE, PRIVATE. A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.

300. GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

305. GARAGE, STORAGE. Any building or premises, used for housing only motor- driven vehicles, other than trucks and commercial vehicles.

306. GAS PIPELINE FACILITY. A pipeline, a right of way, a facility, a building, or equipment used in transporting gas or a Regulated Substance or for treating such gas or Regulated Substance during its transportation. This term does not include gas pipeline facilities used to transport “natural gas” as defined by the Natural Gas Act, 15 U.S.C. §717 et seq, as in effect on July 1, 2023. (amended by MC16-179-23 7/13/2023)

307. GENERAL PERMIT. South Dakota General Water Pollution Control Permit for Concentrated Animal Feeding Operations. (amended by MC16-150-17)

310. GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

315. GROUND SIGN. See (Freestanding Sign).

320. GROUND WATER. Subsurface water that fills available openings in rock or soil materials such that it may be considered water saturated.

325. GROUP HOME. A supervised living or counseling arrangement in a family home context providing for the 24 hour care of children or adults.

327. HAZARDOUS LIQUID PIPELINE FACILITY. A pipeline, a right of way, a facility, a building or equipment used or intended to be used in transporting a hazardous liquid or a Regulated Substance. (amended by MC16-179-23 7/13/2023)

330. HOME OCCUPATION, MINOR. A business, profession, occupation, or trade conducted for gain or support and located entirely within a dwelling, which use is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the essential residential character or appearance of such dwelling. (amended by MC16-53-00)

331. HOME OCCUPATION, MAJOR. A business, profession, occupation, or trade conducted for gain or support and located entirely within a dwelling, or accessory building thereto, which use is accessory, incidental, and secondary to the use of the property for residential or agricultural purposes and does not change the essential residential or agricultural character or appearance of such property.(amended by MC16-53-00)

335. HYDROLOGIC BALANCE. The relationship between the quality and quantity of inflow to and outflow from the storage in hydrologic units, such as a drainage base and aquifer, soil zone lake, or reservoir it encompasses, the quantity and quality relationships between precipitation, runoff, evaporation and the change in ground and surface water storage.

340. HYDROLOGIC REGIME. The entire state of water movement in a given area which is a function of the climate and includes the entire water cycle for the drainage area.

341. INTERMODAL SHIPPING/STORAGE CONTAINER. A six-sided metal unit constructed as a general cargo container used for the transport and storage of goods and materials. Intermodal shipping/storage containers do not include railroad cars, bus bodies, semi-trailers, and similar items designed to be permanently attached to a chassis. (amended by MC16-180-23)

(Intersection Safety Zone see #679)

342. JOINT ZONING JURISDICTION. The area outside a municipality where the Board of County Commissioners has granted to the municipality joint zoning powers with the County. (amended by MC16-65-03)

345. KENNEL. Any premise or portion thereon where dogs, cats, or other household pets are raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically excluded.

347. [Reserved.] (amended by MC16-18-94 and MC16-40-98)

348. LIVESTOCK PRODUCTION SURPLUS WATER. That waste water resulting from an animal feeding operation which does not contain more than 2 percent solids nor more than 1 pound of nitrogen as N per 1000 gallons of water. Such water may include, but not be limited to, rain or snowmelt water from open feeding lots, wash water from a dairy operation, or flush water from a confined feeding operation. (amended by MC16-40-98)

350. LOADING SPACE. A space within the main building or on the same lot for the standing, loading, or unloading of trucks.

355. LOT. A parcel or tract of land having specific boundaries and which has been recorded in the Register of Deeds office. A lot used for residential purposes shall include only one main building together with its accessory buildings, open spaces and parking spaces required by these regulations and shall have its principal frontage upon a road or other approved access.

360. LOT AREA. The lot area is the area of a horizontal plane bounded by the front, side and rear lot lines. Public right-of-way shall not be considered part of the lot area.

365. LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

370. LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.

375. LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting roads, as distinguished from a corner lot.

380. LOT, FRONTAGE. The length of the front lot line measured at the street right- of-way line.

385. LOT, INTERIOR. A lot other than a corner lot.

390. LOT LINE. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

395. LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.

400. LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than three feet to any residential lot line.

405. LOT LINE, SIDE. Any lot line other than a front or rear lot line.

410. LOT OF RECORD. Part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds, or a parcel of land the deed or agreement to convey to which was recorded in the office of said Register of Deeds prior to July 10, 1979.

415. LOT, WIDTH. The width of a lot at the front yard line.

420. MAIN BUILDING. See ‘Principal Building’.

425. MAJOR STREET. Streets or roads which have been designated as freeways or arterial routes on the major street plan.

430. MANUFACTURING:

1). LIGHT MANUFACTURING. Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat or glare. These commercial and industrial uses are characterized by generally having all aspects of the process carried on within the building.
2). GENERAL MANUFACTURING. Those manufacturing processes including light manufacturing which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare, or the operation of the processes outside the building.

432A. MANURE. Manure, bedding, compose and raw materials or other materials commingled with manure or set aside for disposal. (amended by MC16-150-17)

432B. MANURE APPLICATION. The application of manure, litter, or production surplus water onto or incorporated into the soil for the purpose of supplying nutrients for crop or pasture land. (amended by MC16-150-17)

432C. MANURE APPLICATION, INCORPORATED. Manure applied to the land surface and mechanically mixed into the soil within 24 hours. (amended by MC16-150- 17)

432D. MANURE APPLICATION, INJECTED. Manure injected or tilled into the soil at the time of application. (amended by MC16-150-17)

432E. MANURE APPLICATION, SURFACE APPLIED. Manure applied to the land surface without benefit of incorporation or injection. This shall not include the use of animal waste in irrigation waters. (amended by MC16-150-17)

432F. MANURE CONTAINMENT FACILITY. Any structure or facility utilized for the storage or processing of animal manure. (amended by MC16-150-17)

432G. MANURE, LIQUID. A method of handling manure where greater than 90 percent of excreted manure will be stored in a form that – with or without agitation/mixing – can be handled with a common centerfugal pump under normal operating conditions. (amended by MC16-150-17)

435. MAP, OFFICIAL ZONING. The map or maps, which are legally adopted as a part of the zoning regulations that delineate the boundaries of the zoning districts.

437. MEDICAL CANNABIS DISPENSARY OR DISPENSARY. An entity registered
with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. (amended by MC16-171-21)

440. MILLING. The processing or enhancing of a mineral.

445. MINE DEWATERING DISCHARGE. Water that has been discharged from active or abandoned mines in areas affected by mineral exploration, mining and milling.

450. MINERAL. An inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is useable in its natural form as a metal, a metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material. For the purpose of these regulations, this definition does not include surface or subsurface water, geothermal resources, or sand, gravel and quarry rock.

455. MINERAL EXTRACTION. The removal of a mineral from its natural occurrence on affected land. The term includes, but is not limited to, underground and surface mining.

460. MOBILE HOME/MANUFACTURED HOME. Any single-family permanent living quarters, more than eight (8) feet wide and thirty-two (32) feet in length, and designed and built to be towed on its own chassis.

465. MOBILE HOME PARK. A parcel or tract of land designed and maintained for the purpose of providing a location for mobile homes and manufactured homes as living quarters and where private roads provide access to individual lots. This definition shall specifically exclude sales lots for mobile homes, manufactured homes, travel trailers and similar operations.

470. MOTOR VEHICLE REPAIR SHOP. Any building or structure in which a business, service or industry involving the maintenance, servicing or repair of vehicles is conducted or rendered. This includes rebuilding of engines, spray paint operations and hourly repair.

475. MREM. One thousandth of a REM.

480. NEIGHBORHOOD UTILITY FACILITY. Telephone, electric, and cable television lines, poles, and equipment; water or gas pipes, mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings that exceed 120 square feet of roof area) necessary for conducting a service by a government or a public utility. This definition does not include an electrical substation.

485. NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which does not comply with all of the regulations of this ordinance or any amendment hereto governing bulk for the zoning district in which such building or structure is located; or is designed or intended for a nonconforming use.

490. NONCONFORMING USE. A use of land, buildings, structures, or premises that lawfully existed prior to the adoption, revision, or amendment to this ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present use restrictions of the zoning district in which it is located.

495. NONSTANDARD USE. The category of nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this ordinance which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this ordinance.

500. OFFICE OF PLANNING AND ZONING. The office designated by the Board of County Commissioners to administer and enforce this ordinance.

505. OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. Goods, material, merchandise, or vehicles shall not include items listed, nor be of a nature as indicated in the definition of a salvage or junkyard as defined herein.

510. PARKING SPACE. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street and permitting ingress and egress of an automobile.

515. PERMISSIVE USES. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

520. PERMITTED SPECIAL USE. A use allowed in a zoning district subject to the applicable restrictions of that zoning district and additionally subject to certain restrictions for that specific use.

525. PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or their apparel. Including but not limited to: laundry or dry cleaning, garment services, coin operated laundry, photographic and art studios, beauty shop, barber shop, shoe repair, reducing salon and health club, and clothing rental.

530. PLANNING COMMISSION. The duly appointed planning board of the County responsible for reviewing and approving applications for development and preparation of plans and ordinances.

535. PLANNING DIRECTOR. The individual appointed by the Board of County Commissioners and designated to administer and enforce the zoning ordinance.

540. Reserved. (amended by MC16-161-19)

545. PREMISES. A lot, parcel, tract or plot of land together with all buildings and structures thereon.

550. PRINCIPAL BUILDING. A building in which is conducted the primary or predominant use of the lot on which it is located.

555. PRINCIPAL USE. The primary or predominant use of any lot.

558. PRODUCE STAND. A produce stand is defined as a temporary or permanent structure used for the display and sale of agricultural products, not to include retail nursery operations. (amended by MC16-105-09 6/16/09)

560. PUBLIC UTILITY FACILITIES. See (Neighborhood Utility Facilities). The definition is the same as the Neighborhood except that buildings that exceed 120 square feet in roof area are allowable.

565. QUARTER-QUARTER SECTION. A quarter of a quarter section as determined by the United States Rectangular Land Survey land survey system shall be considered a quarter-quarter section for purposes of these regulations. For purposes of these regulations, rights-of-way for public or private transportation shall not impact the completeness of a quarter-quarter section.

570. RECHARGE CAPACITY. The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

572. RECREATION FACILITY. A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive. Related functions such as changing rooms or restrooms, and maintenance may be housed in buildings or structures.
(amended by MC16-144-15 12/1/15)

575. REGULATED SUBSTANCE. A regulated substance shall include: pesticides and fertilizers, hazardous and toxic substances designated by the EPA thru any of the following; Clean Water Act, Toxic Substances Control Act, Resource Conservation and Recovery Act, or Comprehensive Environmental Response Compensation and Liability Act; petroleum and petroleum substances, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils, additives used in refining oils and gasoline. This term does not include sewage and sewage sludge.

580. REM (ROENTGEN EQUIVALENT MAN). A measurement of the biological effects resulting from ionizing radiant energy where roentgen is the amount of radiation leading to the absorption of 88 ergs of energy per gram of air.

583. RESIDENTIAL DEVELOPMENT AREA. An area of land that is located in a residential zoning district; a residential subarea within a planned development zoning district; or a subdivision of five or more lots. (amended by MC16-108-10 on 3/16/10)

585. RETAIL SALES AND TRADE. Establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including eating establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, and other miscellaneous services.

590. SALVAGE OR JUNK YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to: scrap iron and other metals, paper, rags, rubber tires, bottles, and motor vehicles. This definition includes an automobile wrecking or dismantling yard, but does not include uses established entirely within enclosed buildings.

595. SANITARY LANDFILL. A site for the disposal of garbage and other refuse material.

600. SETBACK/SETBACK LINE. That line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be erected or placed.

603. SHOOTING/HUNTING PRESERVE. Any acreage, either privately owned or leased, on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended season. (amended by MC16-105-09 6/16/09)

605. SIGN. Any object, device, or structure, or part thereof, visible from the right-of- way or public property, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. This definition does not include national or state flags or their emblem or insignia, or the official announcements or signs of government. (amended by MC16-161-19)

605B. SIGN, ABANDONED. A sign or sign structure which contains no sign copy, contains obliterated or obsolete sign copy, or is maintained in an unsafe or unsightly condition for a period of three months shall be considered an abandoned sign. (amended by MC16-19-94) (amended by MC16-161-19 7/31/2019)

605C. SIGN, ELECTRONIC MESSAGE. Signs containing a computer or digital software generated message or other automated or remote method of changing copy. (amended by MC16-161-19 7/31/2019)

605D. SIGN, FREESTANDING (Ground Sign). A sign supported by one or more uprights, poles, or braces in or upon the ground and not attached to any building.
(amended by MC16-161-19 7/31/2019)

605E. SIGN, MONUMENT. A ground-mounted, freestanding sign which is attached to the ground or to its base on grade by a solid structure and which structure extends from the ground or base to the sign face at the same or greater width as the sign face and no taller than 10 feet. (amended by MC16-161-19 7/31/2019)

605F. SIGN, PERMANENT AGRICULTURAL TOURISM. A sign erected for an
approved agricultural tourism use. (amended by MC16-144-15 12/1/15) (amended by MC16-161- 19 7/31/2019)

605G. SIGN, PORTABLE. Any sign not permanently attached to the ground or building.
(amended by MC16-161-19 7/31/2019)

605H. SIGN, SEASONAL AGRICULTURAL TOURISM. A sign erected for a limited period of time during the year when retailing activities for an approved agricultural tourism use are available to the public. (amended by MC16-144-15 12/1/15)

605I. SIGN, TEMPORARY. A device, display, structure, or pennant that acts as a sign and is intended to be displayed for a limited time period. (amended by MC16-161-19 7/31/2019)

605J. SIGN, UNSAFE. A sign on which the display area or structure has deteriorated due to rust, rotting, or physical damage to the point where any portion of the sign has the potential to fall shall be considered unsafe. (amended by MC16-19-94) (amended by
MC16-161-19 7/31/2019)

605K. SIGN, UNSIGHTLY. A sign which has deteriorated to the point where at least one-fourth of the display area is no longer clearly recognizable at a distance of twenty feet; or where the paint is peeling, chipping or flaking from the structure shall be considered an unsightly sign. (amended by MC16-19-94) (amended by MC16-161-19 7/31/2019)

610. SIGN AREA. The area of the largest single face of the sign within the perimeter which forms the outside shape including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled. Sign faces that are erected back to back and do not exceed a forty- five degree (45°) angle are considered one sign for calculating the area. Sign faces which exceed a forty-five-degree (45°) angle are considered two signs for calculating the area. (amended by MC16-161-19 7/31/2019)

611. SIGN FACE. The portion of a sign structure upon which advertising is affixed or painted and visible in one direction of a time. (amended by MC16-161-19 7/31/2-19)

615. SIGN (OFF PREMISE). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

620. SIGN (ON PREMISE). A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

621. SIGN STRUCTURE. Any structure which supports or has supported a sign. (amended by MC16-161-19 7/31/2019)

624. SOLAR ENERGY CONVERSION SYSTEM (SECS). Any mechanism or device designed for the purpose of converting solar energy into electrical or mechanical power. (amended by MC16-135-14 8/27/14)

625. SOLID WASTE RECEIVING STATION. A facility where garbage and other refuse material is collected at a central location, compacted and then transported for disposal at a landfill site.

626. SPECIFIED ANATOMICAL AREAS. (1) Less than completely and opaquely covered (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (amended by MC16- 29-95)

627. SPECIFIED SEXUAL ACTIVITIES. (1) Human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse, or sodomy; (3) fondling or other erotic touching or undraped human genitals, pubic region, buttock, or female breast. (amended by MC16-29-95)

630. STABLE. Any premise or part thereon where horses or any equine animal are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.

635. STATIONARY TANK. An above ground tank which is fixed permanently in place on a foundation, rack, cradle, stilts or on the ground. The term does not include tanks mounted on wheels, trolleys, skids, pallets or rollers.

640. STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

645. STREET. A public right-of-way which affords the principal means of access to abutting property. Also referred to a road or highway.

650. STREET LINE. The line between the public right-of-way and private property.

655. STRUCTURE. A combination of material(s) constructed, erected or placed on, above or below the surface of land or water for use, occupancy or ornamentation. For the purpose of these regulations, retaining walls, concrete slabs and utility poles are not considered structures. (amended by MC16-85-06)

660. SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building developments (whether immediate or future). This term includes resubdivision and, when appropriate to the context, is related to the process of subdividing or to the land subdivided.

665. SURFACE IMPOUNDMENT. A facility, or part of a facility which is a natural topographic depression, man-made excavation, or dike area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

667A. TOWER, BROADCAST. A structure, not including offices or studio, for the transmission or broadcast of radio, television, radar, or microwaves. (amended by MC16-65-03)

667B. TOWER, GUYED LATTICE. A vertical support structure consisting of a network of crossed metal braces forming a tower which may be three, four, or more sided, requiring support cables or guyed wires. Typically the structure is the same width from bottom to top. (amended by MC16-65-03)

667C. TOWER, HEIGHT. The vertical distance above grade to the highest point of the tower, including the base pad and any antenna. (amended by MC16-65-03)

667D. TOWER, MONOPOLE. A vertical support structure consisting of single vertical metal, concrete or wooden pole, pipe, tube or cylindrical structure, typically polygon, round or square, and planted into the ground or mounted upon or attached to a foundation. (amended by MC16-65-03)

667E. TOWER, SELF SUPPORT LATTICE. A vertical support structure consisting of a network of crossed metal braces forming a tower which may be three, four, or more sided. Typically constructed with a wide base which gradually narrows toward the top. (amended by MC16-65-03)

667F. TOWER, TELECOMMUNICATIONS. A self support lattice, guyed lattice, or monopole structure which supports communications facilities. The term includes new and existing towers that are used for services such as microwave, common carrier, cellular telephone, personal communication services, two-way radio paging, and other similar services. The term telecommunications tower does not include amateur radio operators’ equipment, as licensed by the Federal Communications Commission. (amended by MC16-65-03)

670. TRAILER. Means any of the following:

1). TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses. permanently identified “travel trailer” by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight (8) feet, and a body length not exceeding thirty (30) feet.
2). PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
3). MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
4). CAMPING TRAILER. A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.

675. TRUCK STOP. Any building, premises, or land in which or upon which a business, service or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities.

677. Reserved. (amended by MC16-16-19)

678. Reserved. (amended by MC16-16-19)

679. INTERSECTION SAFETY ZONE TRIANGLE. A triangular area on corner properties within which the placement of certain structures, materials and the like are imposed under the provisions of this ordinance. (amended by MC16-19-07)

679A. Vacation Home Rental/Short Term Rental. A dwelling or portion thereof, or a mobile or manufactured home or portion thereof, that is rented, leased, or furnished to the public on a daily or weekly basis for more than 14 days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in SDCL 34-18-9.1. (amended by MC16-177-23 5/4/2023)

680. VEHICLE. A vehicle shall include, but not be limited to, any motor vehicle which is designed to be driven, and which is self-propelled, or is intended to be self-propelled. This definition shall also include all vehicles, whether or not self- propelled, that are intended to be attached, pulled or fixed to a vehicle. (amended by MC16-108-10 on 3/16/10)

681. VEHICLE AND EQUIPMENT, AGRICULTURAL. Any tool, implement, piece of equipment or machinery that is presently used in an agricultural operation or which is used in the regular or ongoing maintenance of the property; which includes but is not limited to equipment used for planting, harvesting, spraying, fertilizing, haying, livestock and manure handling, and other farming functions, or for property maintenance. (amended by MC16-108-10 on 3/16/10)

682. VEHICLE AND EQUIPMENT, COMMERCIAL. A commercial vehicle and equipment is defined as any of the following:

1. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire or has commercial vehicle identification.
2. Vehicles including but not limited to any solid waste collection vehicle, semi- tractor, semi-trailer, dump truck, concrete mixer truck, box truck, towing or recovery vehicle, and any construction equipment whether located on the ground or on a truck, trailer, or semi-trailer.
3. Any vehicle having three or more axels, or exceeding twenty-two feet in length.
4. Any vehicle or equipment that has a gross vehicle weight of more than 10,000 pounds.
5. Any equipment or trailer (open or closed) which is towed by another commercial vehicle.
(amended by MC16-108-10 on 3/16/10)

683. VEHICLE, RECREATIONAL. Any vehicle designed for, used or capable of use for sport or recreation, whether or not eligible to be licensed for use upon streets and highways, including but not limited to campers, pickup campers, tent trailers, and motor homes, boats and boat trailers, snowmobiles, motor bikes, or all terrain vehicles, but excluding vehicles designed for commercial, industrial or agricultural use. (amended by MC16-108-10 on 3/16/10)

684. WAREHOUSE. A building used primarily for the storage of goods and materials.
(amended by MC16-108-10 on 3/16/10)

685. WASTE. Any garbage, refuse, manure, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product materials as defined by the Atomic Energy act of 1954, as amended to January 1.
690. WATER TABLE. The upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

695. WATER SOURCE PROTECTION AREA. A geographical area overlying a geologic formation, group of formations or part of a formation capable of yielding, storing, or transmitting a usable amount of groundwater to wells or springs for domestic or animal use. Any deposition of sand and gravel that is connected to water bearing strata or is not isolated.

700. WHOLESALE MERCHANDISING/TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

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

705A. ACCESSORY WECS. A WECS which is an accessory use to the principal use of the site, in that the power production is no more then twice the annual site need.
(amended by MC16-19-07)

705B. COMMERCIAL WECS. More than one WECS which are the principal use of the site. (amended by MC16-19-07)

705C. WECS TOTAL HEIGT. The height of the tower and the furthest vertical extension of the WECS. (amended by MC16-19-07)

705D. WECS TOWER. The primary structural support of the WECS. (amended by MC16-19- 07)

709A. WELL. An artificial excavation or opening in the ground with a depth at least twice as large as the largest surface dimension, made by means of digging, boring, drilling, jetting, or any other artificial method for the purpose of obtaining groundwater. For regulatory purposes, a well is also registered with the State of South Dakota or has well logs on file with the South Dakota Department of Environment and Natural Resources or has been used for more than one week for water production on a quarterly basis within the past two years as established by sworn affidavit. (amended by MC16-150-17)

709B. WELL, PUBLIC. Active well in which water is obtained for domestic or municipal use by a common distribution system, including a municipality as defined by SDCL 9-1-1, a nonprofit rural water supply company as defined in SDCL 10-36A-1, a water user district as defined in SDCL 46A-9-2, a sanitary district as defined in SDCL 34A-5.(amended by MC16-150-17)

710. [Reserved.] (amended by MC16-55-01)

715. YARD, FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

717. YARD LINE. See (Building Line). (amended by MC16-55-01)

720. YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line.

721. YARD, REQUIRED FRONT. The required front yard shall extend across the front of a lot between the property lines. There shall be a required front yard on each street side of a corner lot. The required front yard with the smallest required front yard may be referred to as the side-street-side front yard. (amended by MC16-55- 01)

722. YARD, REQUIRED REAR. The required rear yard shall extend across the rear of a lot between the property lines. On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard. (amended by MC16-55-01)

723. YARD, REQUIRED. A required yard shall mean the required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this ordinance. (amended by MC16-55-01)

724. YARD, REQUIRED SIDE. The required side yard shall extend between the required front yard line and the required rear yard line. There shall only be one required side yard on a corner lot. (amended by MC16-55-01)

725. YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.

730. ZONING DISTRICT. A specifically delineated area within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

735. ZONING PERMIT. A document signed by the Planning Director or an authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a building, which acknowledges that such use or building complies with the provisions of the zoning regulations or an authorized variance therefrom.

27.00 LAND USE CODES

Minnehaha County Land Use Codes

Residential Code Description
110 Single Family
119 Farmstead
120 Residential accessory building
130 Duplex
140 Apartment house (stories)
150 Apartment house (4 + stories)
160 Dormitories
170 Manufactured home (single-wide)
171 Manufactured home (double-wide)
172 Mobile/Manufactured home court
180 Vacant lot

Light Manufacturing Code Description
210 Apparel and textiles
220 Wood, furniture, fixtures
230 Lumber yards
240 Printing and publishing
250 Warehouse, indoor storage.
260 Electronic, scientific, optical
270 Construction yard, including plumbing, electrical, heating contract
280 Chemical, petroleum storage
290 Other light, pollution4ree manufacturing

Heavy Manufacturing Code Description
310 Food, agricultural processing, stockyards, rendering
320 Paper and pulp
330 Chemical, petroleum, rubber, plastic
340 Stone, glass, clay, cement, brick
350 Primary metal, smelting
360 Metal fabricating
370 Salvage, junkyard, resource recycling
380 Other heavy manufacturing

Transportation, Communication and Utilities Code Description
410 Bus, railroad yards, terminals, right-of-way
420 Airport
430 Auto parking ramps and lots
440 Highway and street right-of-way
450 Communication (Radio, TV, etc)
451 Cellular Telephone Towers
455 Wind Towers
460 Utilities (gas, water, sewer)
461 Public water wells
470 Truck terminal
480 Military base
490 Other transportation, communication, utilities

General Commercial Code Description
505 Sign
510 Wholesale – food, produce
520 Wholesale – other
530 Extensive retail – building supplies including; lumber, home repair
540 Extensive retail – Farm equipment
550 Extensive retail – new and used car dealeis
560 Extensive retail – recreational vehicle, marine
570 Extensive retail – tires, batteries, auto accessories
580 Extensive retail – auto repair, body shop
590 Extensive retail – other wI outside storage

Intensive Retail Commercial Code Description
610 Food Store
620 Neighborhood commercial, hardware, drug store, laundromat, beau
630 Gasoline, auto service station
640 Department store, discount store, regional shopping center
650 Clothing and apparel
660 Specialty retail -jewelry, gifts, etc.
670 Furniture, household appliances.
680 Other retail

Office, Institutions, and Services Code Description
710 Banks and financial institutions
720 Churches
730 Nursing homes and hospitals
740 College and universities, adult education
750 Primary and secondary education
760 Day care centers
770 Medical offices, clinics
780 Government offices
790 Other offices – real estates, law, etc.

Cultural, Entertainment, and Recreation Code Description
810 Cultural activities – libraries, museums, etc.
820 Assembly areas, arenas, stadiums
830 Theaters
840 Restaurants, bars, lounges
850 Hotels, motels, resort lodging
860 Golf courses, fairgrounds (public owned)
861 County parks/recreation areas
862 State parks/recreation area
863 City parks
870 Private country club or other recreational use
871 Campground
880 Other cultural, entertainment, and recreation
881 Wildlife preserves or production areas
882 Trap shooting, gun club, sportsmen’s club
883 Amusement park

Agricultural, Resource and Other Code Description
905 Agricultural accessory building
910 Crop land and farms.
911 Dwelling Unit on farm stead.
920 Feed lots
930 Grass lands
940 Mining and quarrying (active)
941 Mining and quarrying (inactive)
950 Cemetery
960 Sanitary landfills, rubble dumps
970 Vacant
980 Other
981 Wetlands