2001 Revised Joint Zoning Ordinance for Minnehaha County and the City of Dell Rapids

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 of the area of jurisdiction, 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 map shall be signed by the Chairman of the Board of County Commissioners and the Mayor and filed with the County Auditor.
(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 official zoning map which has been made a part hereof by reference. That part of the maps designating the different districts and their boundaries and that part of the legend designating the symbols for each district shall have the same force and effect as if they were all fully set forth herein. Other notations and references thereon are for information only.

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.

2.07 EXPANSION OF JOINT ZONING JURISDICTION. The boundaries of the joint zoning jurisdiction
may be extended upon approval by resolution of the Board of County Commissioners provided such
boundary line does not exceed a distance of three miles from the nearest corporate limit line and is not within three miles of any other municipality. (amended by MC28-01-03)

2.08 CLASSIFICATION OF LAND COMING WITHIN THE JOINT ZONING JURISDICTION.
Before any territory may come under the jurisdiction of these regulations, it shall first be zoned as provided
herein. (amended by MC28-01-03)

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 providing the following conditions have been met:(amended by MC28-11-07 1/16/2007)

1) The parcel(s) consists of not less than forty (40) acres.
2) The property’s principal use is devoted to agriculture.

(B). A single-family dwelling if the following provisions for building eligibility are met: (amended by MC28-02-04 3/23/04)

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 Dell Rapids and Minnehaha County Planning Commissions.” (amended MC28-08-06 5/23/06)

(C). Elementary or high school.
(D). Historical sites.
(E) Church.
(F). Neighborhood utilities.
(G). Antenna support structure. (amended by MC28-01-03 9/25/01)

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:

(A). Cemetery provided there is an area of 20 acres or more.
(B). Pet cemetery provided there is a minimum area of two acres.
(C). Wind energy conversion system in conformance with Article 12.02.
(D). Off-premise signs in conformance with Article 17.00.
(E). A building eligibility may be used within a farmstead provided: (amended by MC28-02-04 3/23/04)

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.

(F). Greenhouses and nurseries provided there is no retail sale of products conducted
on the premises.
(G). A single-family dwelling located on a lot of record in accordance with the
following: (amended by MC28-02-04 3/23/04)

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.

(H). Concentrated Animal Feeding Operation (Class D) provided:

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 meet the requirements of Table 1 in Section 12.10 (F) and Section 12.10 (G).
3). The operation shall not be in the Water Source Protection Overlay District or a flood plain.

(I). Concentrated animal feeding operation (existing) shall be allowed to expand provided: (amended by MC28-05-056/28/05 and MC28-10-06 7/25/06)

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.
4). There is conformance with South Dakota Department of Environment and Natural Resources design standards for any newly constructed waste 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 nutrient management plan which has been prepared in conformance with the South Dakota Department of Environment and Natural Resources standards.
6). The operation shall meet the requirements of Table 1 in Section 12.10 (F) and Section 12.10 (G).
7). All liquid waste generated by the additional animal units shall be injected. In the event of an extraordinary circumstance, surface application may be allowed in accordance with the provisions of Section 12.10 (E)(3). The Planning Director may approve the surface application of livestock production surplus water in accordance with Section 12.10 (E)(3).
8). The operation is not located within 2640 feet of a municipality.
9). The expansion shall not exceed 500 animal units.

(J). Telecommunication and broadcast tower in conformance with Article 12.12.
(amended by MC28-01-03 9/25/01)

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). Roadside stand.
(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 MC28-14-10 4/24/10)
(N). Trap shoot, rifle range, pistol range.
(O). Public facility owned and operated by a governmental entity.
(P). Farmer’s Market. (amended by MC28-01-03 9/25/01 & MC28-14-10 4/24/10)
(Q). Bed and breakfast establishment.
(R). Sanitary landfill, solid waste transfer station, rubble dump, commercial compost
(S). Sewage disposal pond.
(T). Livestock sales barn.
(U). Concentrated Animal Feeding Operation – New (Class A, B, or C).
(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 MC28-02-04 3/23/04)

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 MC28-09-06 7/25/06)
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.
(BB). Facilities for the storage and distribution of anhydrous ammonia.
(CC). Animal Livestock Shelter. (amended by MC28-14-10 4/24/10)

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-1 RURAL RESIDENTIAL DISTRICT

4.01 INTENT. This district is intended to protect a vigorous agricultural industry by limiting the areas in which the RR-1 Rural Residential District can be used. The RR-1 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-1 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-1 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). [Reserved.]
(D). [Reserved.]

4.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the RR-1 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.

4.05 ACCESSORY USES. Accessory uses and buildings permitted in the RR-1 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-1 Rural Residential District shall be regulated in conformance with the provisions of Article 15.00.

4.07 SIGN REGULATIONS. Signs within the RR-1 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-1 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.

4A.00 RR-5 RURAL RESIDENTIAL DISTRICT

4A.01 INTENT. This district is intended to protect a vigorous agricultural industry by limiting the areas in which the RR-5 Rural Residential District can be used. The RR-5 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.

4A.02 PERMISSIVE USES. A building or premises shall be permitted to be used for the following purposes in the RR-5 Rural Residential District:

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

4A.03. PERMITTED SPECIAL USES. A building or premises may be used for the following purposes in the RR-5 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). [Reserved.]
(D). [Reserved.]

4A.04 CONDITIONAL USES. A building or premises may be used for the following purposes in the RR-5 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.

4A.05 ACCESSORY USES. Accessory uses and buildings permitted in the RR-5 Rural Residential District are buildings and uses customarily incident to any of the permitted uses in the district.

4A.06 PARKING REGULATIONS. All parking within the RR-5 Rural Residential District shall be regulated in conformance with the provisions of Article 15.00.

4A.07 SIGN REGULATIONS. Signs within the RR-5 Rural Residential District shall be regulated in conformance with the provisions of Article 16.00.

4A.08 DENSITY, AREA, YARD AND HEIGHT REGULATIONS. The maximum height and minimum lot requirements within the RR-5 Rural Residential District shall be as follows:

(A). General requirements:

                       All Uses
Density ……………………….. 5 acres
Lot area ……………………. 5 acres
Lot width …………………… 125′
Front yard …………………. 30′ **
Side yard ………………….. 7′
Rear yard ………………….. 30′
Maximum height …………. 35′

** 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.]
(D). [Reserved.]

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.

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 ……….                    500 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). Commercial recreational facility.
(F). Nursery or greenhouse.
(G). Church.
(H). Antenna support structure. (amended by MC28-01-03)

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, wholesale 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 MC28-01-03)

(H) Medical cannabis dispensary. (amended by MC28-19-21)

(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 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

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). Bar or lounge.
(B). Equipment sales, display and repair.
(C). Motor vehicle sales, display, service and rental.
(D). Auto body shop.
(E). Transportation, including gasoline service station, truck stop, and terminal.
(F). Recycling facility.
(G). Fireworks sales provided sales are conducted from a permanent building when business operations exceed nine (9) days.
(H). Uses which store or handle a regulated substance.
(I). Lumberyard.
(J). Contractor’s shop and storage yard.
(K). Car wash.
(L). Airport/heliport.
(M). Hotel or motel.
(N). Hospital.
(O). Motor vehicle repair shop.
(P). Public utility facility.
(Q). Campground.
(R). Reserved.
(S). Wind energy conversion system.
(T). [Reserved.] (amended by MC28-01-03)
(U). Electrical substation.
(V). Adult use in conformance with Section 12.09.
(W). Asphalt concrete plant.
(X). Ready-mix concrete plant.
(Y). Animal Shelter (amended by MC28-07-06)

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: (amended by MC28-01-03 & MC28-02-04)

(A). Public utility facility, electrical substation.
(B). Office.
(C). Bank or financial institution.
(D). Indoor recreation facility.
(E). Antenna support structure.
(F). Mortuary.
(G). Nursery or greenhouse.

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: (amended by MC28-
02-04)

(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.
(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. (amended by MC28-19-21)

(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, 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 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.

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: (amended by MC28-02-04)

(A). Light manufacturing.
(B). Extraction of rock, sand and gravel in conformance with Article 12.08.
(C). Group day care, day care center, group home.
(D). Airport/heliport.
(E). Any conditional use listed in the C Commercial District.

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 MC28-01-03)
(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 MC28-01-03)

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.

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 providing the following conditions have been met:(amended by MC28-11-07 1/16/2007)

1) The parcel(s) consists of not less than forty (40) acres.
2) The property’s principal use is devoted to agriculture.

(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 MC28-02-04 3/23/04)

(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
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 Dell Rapids and Minnehaha County Planning Commissions.” (amended by MC 28-08-06 5/23/06)

(F). Antenna support structure. (amended by MC28-01-03 9/25/01)

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 MC28-02-04 3/23/04)

(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. (amended by MC28-02-04 3/23/04)

(B). A building eligibility may be used within a farmstead provided:

(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 MC28-01-03 9/25/01)

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 MC28-14-10 4/27/10)
(E). Day or summer camp.
(F). Rifle and pistol range; trap shoot.
(G). Stable.
(H). Kennel.
(I). Roadside stand.
(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 MC28-01-03 9/25/01 & MC28-14-10 4/27/10)
(R). Major home occupation in conformance with Sections 12.0302 and 12.0303.
(amended by MC28-02-04 3/23/04)
(S). The transfer of a building eligibility from one parcel to another parcel when all the following conditions are met:

(1). The transfer of building eligibility shall occur only between contiguous parcels under the same ownership. 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 MC28-09-06 7/25/06)

(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.

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’***

* 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 accessory farm structures or wind energy conversion systems except in the airport approach zone.

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 joint meeting of the  County and City Planning Commissions at which consideration is desired. After the planned development request has been reviewed, the Planning Commissions shall make a recommendation to the County Commission and City Council on the requested rezoning.

The County Commission and City Council 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 Commissions, 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 Commissions= review, and County Commission and City Council approval.
(2). Minor Amendments. Minor amendments to the Initial and/or Final Development Plan shall be required to be approved by the Planning Commissions 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, and further these changes shall be made on the Initial Development Plan on file with the County Register of Deeds.
(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 Commissions for review, and to County Commission and City Council 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 Commissions 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:

*** For individual Planned Development District Subarea Regulations and maps, please contact the Minnehaha County Planning Department. (or see following pages)

DIVIT PLANNED DEVELOPMENT DISTRICT. The regulations set forth herein or elsewhere in these regulations are the district regulations of the DivIT Planned Development District.

(1). USES PERMITTED.
Office.

(2). ACCESSORY USES.
Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.

(3). PARKING REGULATIONS.
Parking regulations shall be regulated in conformance with the provisions of the C
Commercial zoning district.

(4).YARD AND HEIGHTREGULATIONS.
Minimum front yard –                       50’
Minimum south side yard –              50
Minimum north side yard –              10’
Minimum rear yard –                         50’
Maximum height –                              35’

(5).SIGN REGULATIONS.
Sign regulations shall be regulated in conformance with the provisions of the C Commercial zoning district with the following exceptions:

a. A sign plan shall be submitted for staff approval.
b. Off-premise signs shall not be permitted.

(6). OTHER REGULATIONS.

a. A landscaping plan for the area between the parking lot and adjacent residentially zoned property shall be approved by the Planning Director prior to the commencement of construction.
b. Park and driving areas shall be hard surfaced.
c. Shoe box style lighting only shall be used in the parking lot.

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 on the Official Zoning Map.

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 and under all above ground stationary tanks and consist of native soils, clays, bentonites, or artificially constructed material equivalent to 60 mil high density polyethylene 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. ]
(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.
(D). Disposal of radioactive waste.
(E). Disposal of snow containing de-icing chemicals.
(F). Reserved.
(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.

11.50 EO EROS OVERLAY DISTRICT

(approved 1/10/12 MC28-15-12)

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

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 (hereafter referred to as WECS) shall be as follows:

(A). Limited use. No WECS installed in accordance with the requirements of these regulations shall generate power as a commercial enterprise as defined by the Public Utility Commission.
(B). Setback requirements. The minimum distance between the property line, overhead utility lines or another wind turban, and any tower support base of a WECS shall be equal to the proposed tower height (plus the radius of the rotor for the horizontal access machines). Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the Planning Commissions for their approval.
(C). Tower access. Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal, or by limiting tower climbing apparatus so there is access to it no lower than 12 feet from the ground.
(D). 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.
(E). 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.
(F). Interconnect. The WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company.

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. Uses such as motor vehicle repair or body shop, motor vehicle sales, recycling center, retail business or similar type uses shall not be considered a home occupation. Due to the diverse pattern of development in the rural area, the regulations provide for both minor and major home occupations.

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 advertising or display signs shall be permitted other than a nameplate attached to the dwelling. The nameplate shall not be illuminated and shall not be more than two square feet in area. No off premise signs shall be used.
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.

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) In addition to the dwelling, up to 750 square feet of accessory building space may be used for the occupation.
(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) A non-illuminated nameplate not exceeding two square feet in area may be placed on the dwelling or accessory building. Additionally, one non-illuminated sign not exceeding four square feet in area may be located along the driveway for the occupation. No off premise signs shall be used.
(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.

(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) A non-illuminated nameplate not exceeding two square feet in area may be placed on the dwelling or agricultural building. Additionally, one non-illuminated sign not exceeding four square feet in area may be located along the driveway for the
occupation. No off premise signs shall be used.
(8) The use shall cease operating when the property is no longer in conformance with Section 12.03.02 (B) (1).

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).

12.04 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.

12.05 [Reserved.]

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.
(3). The structure shall be supported by a foundation system consisting of walls along the perimeter and piers on the interior. All foundation walls and piers shall extend a minimum of 42 inches below final grade.
(4). The roofing and siding material shall be consistent with the material used in site built dwellings.
(5). 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, R-1, and RR-5 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.
(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.

(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.
(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.

(D). Accessory buildings shall not occupy more than thirty (30) percent of the rear yard, subject further to the following limitations (amended by Ordinance MC28-17-18):

(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 1 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 1 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 1 unless a minor amendment has been approved.