Revised Joint Zoning Ordinance for Minnehaha County and the City of Sioux Falls

​(e). Intermodal Shipping/Storage Containers. An intermodal shipping/storage container larger than 120 square feet in size and placed on a parcel for longer than 90 days, or used as a building component, is a permanent accessory building allowed in the following manner: (amended by MC30-49-24 on 3-26-2024) 

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

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

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

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

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

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

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

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

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

15.08 SALVAGE OPERATION OR JUNKYARD

A business may be operated within a permanent building which complies with the adopted building code, or in a yard enclosed by a solid fence, which must totally screen the salvage material from view from outside the property. The fence must extend from grade level to a height equaling the maximum height to which fences may be built under Chapter 15.01 of this Code for the district where the property is located. (amended by MC30-22-09 08-17-09)

15.09 ​SOLAR ENERGY CONVERSION SYSTEM. (amended by MC30-34-14 on 7-28-14)
The regulations regarding commercial Solar Energy Conversion Systems (hereafter referred to as SECS) shall be as follows:

1. Intent

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

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

a. Commercial SECS shall be permitted only on lands zoned A-1 Agricultural, C- Commercial, I-1 or 1-2 Industrial, or RC Recreation/Conservation with the issuance of a conditional use permit.
b. Signs. No advertising signs or logos shall be permitted on the SECS. One (1) project identification sign, not to exceed twenty (25) square feet, shall be allowed.
c. An interconnection agreement must be completed with an electric utility.
d. Public Roads. The permittee shall obtain all locally required road permits for construction. Prior to commencement of construction, the permittees shall identify all state, county or township “haul roads” that will be used for the SECS project and shall notify the governing body having jurisdiction over the roads to determine if the hauls roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the SECS. Where practical all- weather roads shall be used to deliver all other heavy components to and from the SECS site.

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

e. Private Roads. The permittee shall promptly repair private roads, easements or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.
f. Dust Control. The permittees shall utilize all reasonable measures and practices of construction to control dust.
g. Stormwater Pollution Prevention Plan (SWPPP) and Soil Erosion and Sediment Control Plan.

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

h. Other standards and codes. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards for solar energy systems.

Standards i through k must be provided as part of a complete Conditional Use Permit Application

i. Application Contents. Every application for a commercial SECS permit shall include the following information:

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

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

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

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

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

3. Application Review

a. Conditional Use Permit. A conditional use permit is required for a Commercial SECS
b. Technical Issues and Expert Review.

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

c. Building Permit. Conditional Use Permit approval of Solar Energy Conversion Systems is separate from the building permit process. Building permits for the construction of facilities cannot be issued until the facility is approved through the conditional use permit process.

15.10 INTERSECTION SAFETY ZONE (amended by MC30-15-07 07-18-07)

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

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

15.11 ADDITIONAL YARD REGULATIONS.

a. Number of Main Buildings on Tract. No more than one main building shall be located on a tract or lot when used for residential purposes. When a tract or lot is used for commercial purposes, more than one main building may be located on the tract or lot provided such buildings conform to all yard requirements around the lot for the district in which the tract or lot is located.
b. Adjustments to Front Yard Requirements. Where, on the effective date of these regulations, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:

1. Where the building further most from the street provides a front yard not more than 10 feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.
2. Where this (1) is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.
3. Where neither (1) or (2) is the case, and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

c. Adjustment to Side Yard Requirements. Buildings with side yard setbacks less than required by this ordinance, may have additions erected in line with the existing building and provided further that said addition will be erected no closer to the lot line then the existing building.
d. Projections From Buildings. Every part of any required yard shall be open to the sky and unobstructed except:

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

e. Porches and Terraces in Front Yards. An open, unenclosed porch may project into a required front yard for a distance not exceeding ten (10) feet. Balconies and paved terraces may project into a required front yard for a distance not exceeding six (6) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed four (4) feet.
f. Projection of Terraces, Porches, Platforms, and Ornamental Features. Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required side or rear yard, provided these projections be distanced at least three (3) feet from the adjacent side lot line.

15.12 ​ADDITIONAL HEIGHT REGULATIONS.

a. Exceptions. The height regulations established in these regulations shall not be applied to:

1. Flag poles, domestic television antennas, church spires, chimneys or water towers, except when such structures shall be located in the airport approach zones.
2. Mechanical appurtenances and elevator penthouses which are located on top of a building shall not exceed 12 feet in height above the maximum permitted in the district in which they are located.
3. The maximum height for telecommunications towers and wireless communications facilities shall not exceed 100 feet for single users or 200 feet for two or more users. When such structure is located in an airport approach zone, Federal Aviation Administration approval will be required prior to permit issuance.
4. Broadcast towers are exempt from the maximum height restrictions of this ordinance.

15.13 ​AIRPORT APPROACH ZONES.

a. Approach Zone:

1. Within the air space above the approach zone to each end of a runway designed to be used for instrument landings, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to fifty (horizontal) projected from a point 200 feet beyond the end of a runway for a distance of 10,000 feet, said plane to be in the shape of symmetrical trapezoid 1,000 feet in width at its lowest point and 4,000 feet in width at its highest point; combined with a second plane with a slope of one (vertical) to forty (horizontal) extending from the upper edge of the first plane for an additional distance of 40,000 feet, said plane to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point.
2. Within the air space above the approach zone to each end of a runway not designed to be used for instrument landings, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to forty (horizontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, said plane to be a symmetrical trapezoid (*) feet wide at its lowest point and (*) feet wide at its highest point.

b. Transition Zones. Within the established transition zones adjacent to each instrument and non-instrument runway and approach zone, no building, structure or growth shall be erected, altered or permitted to project above a plane with a slope of one (vertical) to seven (horizontal). Transition zones extend outward and upward from a line (*) feet on either side of the center line of non-instrument runways for the length of such runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and non- instrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intercept to the surfaces of the horizontal and conical zones.
c. Conical Zone. Within (*) feet from the established airport reference point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zones.

Within the conical zone, which commences at the periphery of the horizontal zone and extends outward there from a distance of (*) feet, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to twenty (horizontal).

Exception: Nothing in this subparagraph shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to twenty feet above the surface of the land.

(*) The applicable distance in feet must be based on runway length as set forth in Section 77.27 of Part 77 of the Federal Aviation Regulations.

15.14 ​ROCK, SAND AND GRAVEL EXTRACTION

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

The developmental and operational criteria contained in Subsection G are intended to assist in the formulation of conditions to be imposed on individual extraction operations. The criteria have been designed to eliminate potential health risks and minimize the adverse impact on other land uses due to extraction operations. The County and City will have the discretion of requiring more or less stringent conditions based upon the location of a proposed operation. It is also recognized that such operations will not be appropriate throughout all areas of the joint zoning jurisdiction. (amended by MC30-04-03)

b. Submission of Application. The application for rock, sand or gravel extraction shall be filed with the Office of Planning and Zoning on the prescribed conditional use form at least 30 days in advance of a regularly scheduled joint meeting of the Planning Commissions.
c. Application. The conditional use application shall be accompanied by the following:

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

d. Fee. If a conditional use permit is granted, the operator shall pay to the County an annual fee of $10 per acre of land which is being disturbed by the extraction activities and has not been reclaimed. The fee shall be used to defray the direct and indirect costs associated with general administration and enforcement of this section. The fee shall be payable by January 20th of each year and deposited in the general fund of the County. The disturbed land area existing on January 1 of each year shall be used in calculating the fee.
e. Notification Requirements. In addition to the notification requirements of Article 19.00, the Planning Director shall notify by U.S. mail all property owners of record within one mile of the proposed conditional use area or the owners of the thirty properties nearest to the affected property, whichever affects the least number of owners, of the time, date, place and purpose of the public hearing. The notice shall be mailed not less than 15 days prior to the public hearing.
f. [Reserved].
g. Developmental and Operational Criteria.. The following criteria shall be considered in developing conditions for applications involving rock, sand and gravel extractions. More stringent requirements may be imposed by the County and City or the applicant may present arguments to relax the requirements based on specific characteristics of the site.

1. Buffer Area.

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

2. Hours of Operation.

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

3. Visual Considerations.

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

4. Blasting.

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

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

6. Air Quality.

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

7. Hydrology, Dewatering and Drainage.

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

8. Haul Roads.

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

9. Operator Surety.

a. A surety performance bond may be required in an amount to be determined by the Planning Commissions to assure that sufficient funds will be available to protect the County and City in the event the operator abandons a site without completing the conditions imposed by the conditional use permit, including reclamation, fulfillment of the agreement with the township concerning repair of designated haul roads and, if necessary, decontamination of affected ground and surface waters. In lieu of the required surety, the operator may deposit cash with the County in the amount equal to the required surety.

10. Reclamation.

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

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

15.15 TELECOMMUNICATIONS TOWERS, ANTENNA SUPPORT STRUCTURES AND WIRELESS COMMUNICATIONS FACILITIES.

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

1. To regulate the location of telecommunications towers, antenna support structures and wireless communications facilities;
2. To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities;
3. To minimize adverse visual impact of telecommunications towers, antenna support structures and wireless communications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
4. To promote and encourage shared use/co-location of telecommunications towers, antenna support structures and wireless communications facilities;
5. To avoid potential damage to property caused by telecommunications towers, antenna support structure and wireless communications facilities by insuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound; 
6. To insure that telecommunications towers, antenna support structures and wireless communications facilities are compatible with surrounding land uses;
7. To facilitate the provision of wireless communications services to residents and businesses in an orderly fashion;
8. To promote the location of telecommunications towers in non-residential areas.

b. Application Required. The following item must be satisfactorily addressed in a formal application to obtain a building permit at any given location in any zoning district:

1. Compliance with all applicable building codes, Federal Aviation Administration Regulations and Section 15.13, Airport Approach Zones.

c. Location/Setbacks.

1. Where a telecommunications tower is located within 300 feet of any residential zoning district, existing residential use except a farmstead, or future residential area designated on the adopted Land Use Plan, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line is not less than the proposed height of the tower.
2. Where a telecommunications tower is required to meet Federal Aviation Administration paint and/or lighting regulations, the distance between the telecommunications tower and any residential zoning district or use, or any Recreation/Conservation District, shall not be less than one-half mile.

d. Design Character.

1. Telecommunications towers and antenna support structure design shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures.
2. Telecommunications towers shall be protected from corrosion or rusting, and if painted, be a neutral color, unless otherwise required by the Federal Aviation Administration.

e. Stealth. Telecommunications towers in any non-residential district where located within 300 feet of a residential zoning district or existing residential use except a farmstead, shall be monopole design.
f. Interference With Public Safety Radio Services. In order to insure that public safety radio services will be free from harmful or destructive interference, any applicant requesting a permit to site a telecommunications tower, antenna support structure or wireless communications facility shall provide documented Federal Communications Commission approval prior to permit issuance.
g. Illumination. Telecommunications towers shall not be artificially lighted except as required by the Federal Aviation Administration.
h. Maintenance.

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

i. Abandonment.

1. If the County receives notice of discontinuance, or if any telecommunications tower is not used for 365 consecutive days, the owner may be notified that a determination of abandonment has been made. If, within 30 days of receipt of notice, the owner fails to show that the tower has been in use or under repair during the period, the County Planning Director may determine that the site has been abandoned.
2. Within 75 days of notice of such determination of abandonment, the owner shall remove the tower from the site. If an owner fails to do so, the County may remove the tower and recover the cost from the owner.

j. Where a conditional use permit is required for approval of telecommunications towers and antenna support structures, the following will be considered: (amended 08/17/09 by MC 30-02)

1. Design Character.

a. Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.
b. Wireless communications facilities on new telecommunications tower structures, antenna support structures, or co-located on existing telecommunications towers shall minimize visual impact.

2. Screening.

a. A telecommunications tower site and tower base adjacent to residential property, except when located in a farmstead, shall be provided with a fence, wall, berm, or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.
b. Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.

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

15.15-1 BROADCAST TOWER.

a. Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting, and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall such tower be located in any airport approach zone. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb. (amended 08/17/09 by MC 30-22-09)

15.16 ​TEMPORARY USES

a. Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
b. Permit Required. No person shall operate a temporary use without first obtaining a permit therefor from the County Planning Department as prescribed in this section. If an objection is filed pursuant to Section 15.16 (F) or if the County Planning Department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the Planning Commissions for action. A date for public hearing shall be set at which time the County and City Planning Commissions shall meet jointly to consider the application. At the joint meeting, the Planning Commissions shall decide by a vote of each body whether to grant the temporary use permit. When the Planning Commissions are not in agreement, the application shall be considered denied.
c. Applications.

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

d. Fee. A fee of $250 shall accompany the application for a temporary use permit. (amended by MC30-08-05)
e. Standards for Review. The following standards shall be used in determining the suitability and compatibility of a temporary use:

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

f. Notice. The County Planning Department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the Sioux Falls Planning Department. Such notice shall be sent at least 14 days before the County Planning Department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the County Planning Department makes its determination regarding the application, the application shall be referred to the Planning Commissions for action.
g. Conditions of Approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.
h. Appeal of Planning Department or Planning Commission Decision. Any person aggrieved by an action of the County Planning Department in granting, denying, revoking, or suspending a temporary use permit may appeal such action to the Planning Commissions. Such appeal shall be in writing and filed with the County Planning Department within five working days of the decision. The action of the Planning Commissions may be appealed to the Board of County Commissioners and City Council in the same manner.
i. Hearing by Board and City Council. In the case of an appeal of a decision of the Planning Commissions, a date for public hearing shall be set at which time the Board of County Commissioners and City Council shall meet jointly to consider the temporary use application. At the joint meeting, the Board of County Commissioners and City Council shall decide by a vote of each body whether to grant the temporary use permit.
j. Exemptions. The following uses shall not require a temporary use permit:

1. Estate or real estate sales involving the property or items from the property where the sale is held.
2. Garage, yard or rummage sales provided: a) Sales last not longer than three (3) days; b) Sales are held no more than twice yearly; c) Sales are conducted on the owner’s property or one of the owner’s property in case of a multi-party sale.
3. Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved.
4. An intermodal shipping/storage container placed on a parcel for fewer than 90 Days. (amended by MC30-49-24 on 3-26-24)

15.17 ​Vehicle & Equipment Restrictions. (amended by MC30-25-10 on 3/15/10)

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

Section 15.17 shall apply to the Agricultural, Recreation/Conservation, and Residential zoning districts. Commercial vehicles, agricultural vehicles, recreational vehicles, and equipment are prohibited unless in compliance with Section 15.17.

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

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

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

2. Commercial vehicles and equipment that are currently licensed (if required) and fully functional and are in use as part of a permitted construction project shall be allowed for the duration of the said project. Should the construction project cease for period of six (6) months, the commercial vehicles and equipment shall be removed from the property. Commercial vehicles and equipment shall not be stored or parked for longer than seventy-two (72) hours upon any right-of-way.
3. Commercial equipment that is fully functional, owned by the resident, and used by the resident for regular or ongoing maintenance of the property (i.e. lawn care, driveway maintenance, snow removal) and not for profit, shall be allowed on properties used for residential and agricultural uses.
4. Commercial vehicles or equipment shall not be used for human or animal occupancy. Semi –trailers shall not be used for storage.

C. Recreational Vehicles and Equipment.

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

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

2. The vehicle and equipment shall be fully functional and licensed if required.
3. No recreational vehicles shall be stored or parked for longer than 72 hours upon any right-of-way in a residential development district.
4. No recreational vehicle or trailer shall be connected to gas, water, septic or sewer service unless approved by a county issued permit.
5. Recreational vehicles shall not be used as accessory structures nor shall they be used for human or animal occupancy.
6. Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle.

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

1. Shall be fully functional and currently licensed if required.
2. Shall be owned by the property owner or tenant.
3. Shall be presently used in the activity of agricultural operations or used for regular or ongoing maintenance of the property.

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

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

A. Maximum occupancy shall not exceed three (3) people per bedroom.
B. The Vacation Home Rental/Short Term Rental shall register with the state of South Dakota as a Vacation Home.
C. Minimum off-street parking requirements shall be 1 parking space per guest bedroom.
D. The contact information for the owner and any manager of the vacation home rental/short term rental shall be provided to the Planning Department. Any changes in ownership or management shall require new contact information be submitted to the Planning Department.
E. The contact information for the owner and manager shall be clearly posted both inside and outside of the vacation home rental/short term rental. (amended MC30-47-23) 11-30-23

ARTICLE 16.00 PARKING AND LOADING REGULATIONS

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

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

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

a. Single Family and Two-family Dwellings: One space for each dwelling unit.
b. Multiple Dwellings: One and one-half spaces for each dwelling unit of one bedroom or less. Two spaces for each dwelling unit of two bedrooms or more.
c. Multiple dwellings for the elderly and handicapped: .75 spaces for each dwelling unit.
d. Rooming and Boarding Houses, Sororities, and Fraternities: One space per two beds.
e. Private Club or Lodge: One parking space for each 300 square feet of floor area.
f. Church or Temple: One parking space for each four seats in the main auditorium.
g. School:

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

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

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

a. Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking as herein defined.
b. Where fractional spaces result, the number of parking spaces required shall be the nearest whole number.
c. Whenever a building or use constructed or established after March 27, 1970, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change.
d. Whenever a building or use existing prior to March 27, 1970, is reconstructed or is enlarged to the extent of 20 percent or more in floor area, said building or use in its entirety shall than and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20 percent of the gross floor area shall be provided with parking based on the enlargement or change.

​16.04 MINIMUM IMPROVEMENT AND MAINTENANCE STANDARDS. Driveways, parking lots, and loading/unloading areas shall conform with the following improvement and maintenance standards:

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

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

1. A minimum 3 inches packed gravel base.
2. Recycled asphalt packed to 4.5-5 inches.
3. Chip seal shall be applied two (2) times.
4. 2-4 inches of hot-mix asphalt shall be applied when the recycled asphalt material begins to break down.
(amended by MC30-24-10 on 3/15/10)

Exception: Truck terminals, heavy equipment display, service and rental, concrete and paving plants, construction yards and similar establishments need not hard- surface areas maintained as maneuvering or parking/storage areas for heavy equipment when such areas are not adjacent to a front yard setback or otherwise screened from the public right-of-way. (amended by MC30-24-10 on 3/15/10)

b. If a driveway, parking lot or loading/unloading area is not required to be hard surfaced in Section 16.04(a), a gravel surface shall be provided. The gravel surface shall be maintained to a minimum thickness of at least four inches.
(amended by MC30-24-10 on 3/15/10)
c. Adequate provisions shall be made for the disposal of storm water from a driveway, parking lot or loading/unloading area and the owner shall insure that such water does not flow onto adjoining property in a quantity or manner that would be detrimental thereto.
d. An opaque fence, wall, berm, or landscaping of a height and character necessary for adequate screening of the parking lot from adjacent residentially used property shall be provided. Where there is a difference in elevation between the property which needs the screening and the property receiving the benefit of the screening, the height of the screen barrier shall be measured on the high side.
e. The entrances and exits to and from any parking lot shall be approved by the Director. Proper directional signs shall be provided.
f. The entrances and exits to and from any parking lot or loading/unloading area shall be approved by the Director. Proper directional signs shall be provided.

​16.05 OFF-STREET LOADING REQUIREMENTS.

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

1. Office Buildings:

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

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

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

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

*GFA means gross floor area.

2. Retail or Service Establishment:

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

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

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

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

3. Wholesale, Commercial use;

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

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

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

4. Manufacturing or Industrial Use:

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

b. Loading spaces are to be provided on each lot in compliance with the following requirements:

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

ARTICLE 17.00 ON-PREMISE SIGNS

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

a. Safety. To promote the safety of persons and property by providing that signs:

1. Do not create a hazard due to collapse, fire, collision, decay, or abandonment;
2. Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to see and interpret any official traffic sign, signal or device.

b. Communications Efficiency. To promote the efficient transfer of information by providing that:

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

c. Landscape Quality and Preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:

1. Do not create a nuisance to persons using the public rights-of-way;
2. Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement.

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

a. A-1 Agricultural and RC Recreation/Conservation Districts.

1. Signs advertising the use of a particular breed, type, variety, hybrid, or brand of plant, chemical or tillage. No one sign shall exceed 16 square feet in area per face.
2. Uses which are governed by conditional use may have signs on the premise in accordance with the stipulations of the permit.
3. No hunting, no trespassing and similar signs.

b. RR Rural Residential and RS-1, RS-2, RD, and RA-1 Residential.

1. [Reserved].

c. C Commercial, I-1 and I-2 Industrial.

1. Wall, roof, or projecting signs:

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

2. Freestanding signs having a total sign area not to exceed one square foot for each linear foot of road frontage or 200 square feet, whichever is less.
3. The maximum sign height shall be 30 feet.

17.03 REGULATIONS AND LIMITATIONS OF PERMITTED SIGNS. The Regulations and Limitations of Permitted Signs shall be as spelled out below:

a. Wall Signs. Wall signs may be located anywhere on the wall of a building.
b. Projecting Signs.

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

c. Roof Signs. Roof signs shall rise no higher than five feet above the top of a parapet or roof line and shall not exceed the height limits for the zoning district.

d. Freestanding Signs.

1. Freestanding signs shall be limited to one per street frontage except that businesses on frontages of 300 feet, or more, may erect two freestanding signs; however, the total sign area for both signs may not exceed that allowed for the street frontage.
2. Freestanding signs shall be located only in the front or side yard.
3. Freestanding signs shall not project over public property.
4. Freestanding signs shall not be erected within the area of a corner of two intersecting streets or a street and railroad. Area of a corner, in this case, shall be the triangular area formed by measuring 40 feet from the intersection along both roads and connecting these two points with a straight line.

Exceptions: Freestanding signs may be located in the area of a corner when the sign and sign structure comply with the following:

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

17.04 SPECIAL SITUATIONS. This section contains the sign regulations for the following special situations:

a. Shopping Centers. A freestanding sign shall be allowed on each street frontage stating the name of the center and the major tenants provided no other freestanding signs are erected. The sign area shall be determined independently from the sign area allowed under 17.02 and 17.03. A sign area of one square foot for each one lineal feet of street frontage or 200 square feet per frontage, whichever is smaller, shall be allowed. The height shall not exceed 40 feet.
b. Interstate Highway Interchange. In the C, I-1, and I-2 Districts, businesses which are adjacent to both the interstate and the intersecting cross street may by conditional use permit erect one additional on-premise freestanding sign not to exceed 200 square feet or 60 feet in height.

17.05 EXEMPTIONS. The following signs may be allowed in addition to the signs permitted in Section 17.02, but signs must be in conformance with all other state and local laws.

a. Construction Signs. Building contractors, lending institutions and professional firms may post temporary signs on site under construction. The total sign area shall not exceed 100 square feet or 20 feet in height and shall be removed upon completion of the project.
b. Neighborhood Identification Signs. In any zone, a masonry wall, landscaping and other similar material or feature may be combined to form a display for neighborhood or tract identification, provided that the legend of such signs or display shall consist only of the neighborhood or tract name.
c. Public Signs. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty shall be permitted.
d. Integral Signs. Name. Names of building, dates of erection, monumental citations, commemorable tablets, and the like, of permanent type construction and made an integral part of the building structure shall be permitted.
e. Private Traffic Directional Signs. Signs directing traffic movement onto and out of a commercial premise may be located at each vehicular entrance onto a public street.
f. Real Estate Signs. Temporary real estate signs shall be permitted.

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

a. Shading. The light from any illuminated sign or billboard shall be so shielded, shaded, or directed so that the light intensity shall not adversely affect surrounding or facing premises or safe vision of operator’s of vehicles on public or private roads.
b. Blinking and Flashing. Blinking, flashing, pulsating, or fluttering lights, or other illuminated devices which have a changing light shall not be located closer than 300 feet from any residential district. This restriction shall not apply to signs displaying the date, time and temperature exclusively.

l7.07 TEMPORARY AND PORTABLE SIGNS. Temporary and portable signs shall not exceed 32 square feet and may be displayed for 60 days per calendar year in the C and I Districts. It shall be the duty of the user of the sign to:

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

Temporary and portable signs in the A-1 District, when used in conjunction with roadside stands and fireworks stands, shall be authorized as part of the conditional use permit granted to such uses.

17.08 PROHIBITED SIGNS. The following signs are prohibited:

a. Parking of Advertising Vehicles Prohibited. No person shall park any vehicle or trailer on a public right-of-way, or public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premise. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle.
b. Nuisance Signs. Signs which imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal shall be removed upon notice.
c. Banners. Banners shall be prohibited except on a temporary basis for a maximum of 21 days during any calendar year.

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

ARTICLE 17A.00 OFF-PREMISE SIGNS

17A.01 PURPOSE AND INTENT. The purpose of this article is to prevent the uncontrolled use of off-premise signs so as to promote the health, safety and general welfare of those persons using the public rights-of-way. These regulations are intended to preserve the overall landscape quality of the County while allowing the reasonable use of signs to inform the traveling public. This is accomplished through the application of standards for size, illumination and separation.

17A.02 GENERAL REGULATIONS.

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

1. A maximum sign area of 9 square feet.
2. The sign shall contain the business name and directional information only.
3. There shall be no more than one sign face per direction of facing.
4. A sign shall not be within a 500 foot radius of any other off-premise sign intended to be read from the same right-of-way. The sign shall not be within a 300 foot radius of any other off-premise sign intended to be read from a different right-of- way. All spacing measurements in this subsection shall refer to a measurement made along the edge of the right-of-way and shall apply only to structures located on the same side of the highway. These spacing provisions do not apply to signs separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the road right-of- way at any one time.
5. A sign shall not be illuminated nor shall blinking or flashing lights be used.
6. A maximum height of 16 feet.

b. The following regulations shall apply to off-premise signs in the C, I-1 and I-2 Districts except as permitted in Section 17A.03:

1. A maximum sign area of 288 square feet.
2. There shall be no more than one sign face per direction of facing.
3. The maximum height shall be 40 feet. (amended by MC30-05-04)
4. No part of the sign face or structure shall be located in or overlap into the required side or rear yard setbacks or public right-of-way.
5. A sign shall not be within a 500 foot radius of any other off-premise sign intended to be read from the same right-of-way. The sign shall not be within a 300 foot radius of any other off-premise sign intended to be read from a different right-of-way. All spacing measurements in this subsection shall refer to a measurement made along the right-of-way and shall apply only to structures located on the same side of the highway. These spacing provisions do not apply to signs separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distance is visible from the road right-of- way at any one time.
6. The light from any illuminated sign shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises or the safe vision of operators of vehicles on public roads.

17A.03 CONDITIONAL USES. A conditional use permit in conformance with Article 19.00 shall be obtained for the following off-premise signs: (amended by MC30-05-04)

‌a. Off-premise signs over 288 square feet to a maximum of 672 square feet and signs with more than one sign face per direction of facing in the C and I Districts.
b. A conditional use permit shall be required for off-premise signs within 500 feet of a park, school, church, or designated historic site.

17A.04 EXCEPTIONS.

a. Directional signs for nonprofit organizations not to exceed four square feet per sign face.
b. Political campaign signs provided the signs are removed within five days after the election.
c. Directional signs, street name signs, or other signs which have been authorized and directed by a governmental unit.

17A.05 PROHIBITED SIGNS. The following signs are prohibited:

a. Parking of Advertising Vehicles Prohibited. No person shall park any vehicle or trailer on a public right-of-way, or public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premise. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle.
b. Nuisance Signs. Signs which imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal shall be removed upon notice.

17A.06. MAINTENANCE AND REMOVAL. Every off-premise sign shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period the County may remove such sign at the owners expense.

ARTICLE 18.00 NONCONFORMING AND NONSTANDARD USES

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

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

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

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

RC Recreation/Conservation
RR Rural Residential
RS-1 Residential
RS-2 Residential
RD Residential
RA-1 Residential
C Commercial
I-1 Light Industrial
I-2 General Industrial

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

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

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

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

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

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

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

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

ARTICLE 19.00 CONDITIONAL USE REGULATIONS

19.01 ​APPLICATION TO THE COUNTY. Any person, firm or corporation desiring a conditional use permit in any zoning district shall file a written application with the Minnehaha County Planning Department requesting a conditional use permit. Such application shall contain the following information:

a. Legal description of the land on which such conditional use is requested.
b. Name, address, phone number and signature of the owner of the property which is the subject of such application. (amended by MC30-15-07 07-16-07)
c. Name, address and phone number of the person making the application if made by anyone other than the owner.
d. Zoning district classification under which the property is regulated at the time of such application.
e. Any other information concerning the property as may be requested by the Minnehaha County Planning Department or the County and City Planning Commissions.

19.02 ​FEES. Upon the filing of any application for a conditional use permit, the applicant shall pay to Minnehaha County a fee as designated in Article 22.00. This fee is utilized to help defray necessary administrative costs of processing the application as required.

19.03 ​SITE PLAN. Except when waived by the Planning Director, each application for a conditional use permit shall be accompanied by a site plan showing the following information:

a. The legal description of the property.
b. The name of the project and/or business.
c. The scale and north arrow.
d. All existing and proposed buildings and additions.
e. Dimensions of all buildings.
f. Distance from all building lines to the property lines at the closest points.
g. Building height and number of stories.
h. Dimensions of all property lines.
i. Parking lot or spaces, designating each space, lot dimensions, stalls and aisles.
j. Screening; showing the height, location, and type of material to be used.
k. Name and location of all adjacent roads, waterways and other public places.

Any conditional use permit which has been approved shall conform in all ways to the site plans submitted. In the event that changes have been stipulated on the plan as part of the approval of the conditional use permit, the conditional use permit shall conform to the plan in all ways except for the stipulated changes.

19.04 ​HEARING BY PLANNING COMMISSIONS. Upon the filing of an application for a conditional use permit, the Planning Director shall set a date for public hearing, at which time and place the County and City Planning Commissions shall jointly meet to consider the conditional use permit request.

a. NOTIFICATION. A good faith effort must be made by the applicant to notify all property owners (inclusive of Contract for Deed buyers) of land laying within five hundred (500) feet, inclusive of right-of-way, of the outer boundaries of the property involved in the request. The list of landowners to be notified shall be determined by records of the Director of Equalization. The Planning Department shall provide the applicant with “Notice of Hearing” forms for this purpose, and the notices are to be sent by the applicant to all parties on the aforementioned list by first class mail no less then one (1) week prior to the public hearing on the request held by the Planning commission. The applicant shall sign an affidavit certifying that the required mailing was completed. The affidavit shall be provided o the Planning Department at least five (5) working days prior to the Planning Commission meeting. (amended by MC16-88-06 7/18/06)
b. SIGNS. A sign(s) to be provided by the Minnehaha County Planning Department shall be posted on the property at least five days prior to the scheduled hearing. (amended by MC30-04-03)
c. ACTION. At the joint meeting, the County and City Planning Commissions shall decide whether to grant the conditional use permit with such conditions and safeguards as are appropriate or to deny the conditional use permit when not in harmony with the purpose and intent of these regulations. The decision of the Planning Commissions shall be final unless an appeal is filed in accordance with Section 19.04A. In the event the Planning Commissions are not in agreement on a decision whether to grant a conditional use permit, the following shall apply:

1. When one Planning Commission votes to grant a conditional use permit and the other Planning Commission votes to deny, the permit is deemed to be denied and the petitioner may appeal the decision to the governing bodies in accordance with Section 19.04A.
2. When both Planning Commissions vote to grant a conditional use permit but the conditions are not identical, the application shall be presented to a joint meeting of the County Commission and City Council for final action. The requirements of Section 19.05A shall apply.
3. When one or the other Planning Commission votes to defer action on a conditional use permit, the application shall be considered at a future joint meeting of the Planning Commissions.

19.04A APPEAL OF DECISION OF PLANNING COMMISSIONS. The decision rendered by the Planning Commissions on a conditional use permit may be appealed to the Board of County Commissioners and the City Council. To appeal the decision of the Planning Commissions, the applicant or any other person aggrieved by said decision shall file a written appeal with the Minnehaha County Planning Department within five working days of the Planning Commissions= decision.

​19.05 HEARING BY BOARD OF COUNTY COMMISSIONERS AND CITY COUNCIL. When an appeal has been filed in accordance with Section 19.04A or the decision by each Planning Commission is not in agreement, the Board of County Commissioners and the City Council shall jointly conduct a public hearing and take final action on the conditional use application.

a. SIGNS. A sign(s) to be provided by the Minnehaha County Planning Department shall be posted on the property at least five days prior to the scheduled hearing.
b. HEARING. At the public hearing, the Board of County Commissioners and City Council shall review the decisions of the respective Planning Commissions on the applications coming before them. In making their determination of such applications, they need not be bound by the actions of the Planning Commissions.
c. ACTION. The Board of County Commissioners and the City Council shall decide whether to grant the conditional use permit with such conditions and safeguards as are appropriate or to deny the conditional use permit when not in harmony with the purpose and intent of these regulations. The Board and the City Council, in making their determinations on such applications, may make changes in accordance with or in rejection or modification of the decisions of the respective Planning Commissions. In order for any conditional use permit to be approved, the Board of County Commissioners and the City Council must each vote in favor of the application.
d. PROTEST. The conditional use permit shall take effect twenty days after approval unless a written protest is filed with the County Auditor, signed by at least forty percent of the owners of equity in the lots or parcels located within 250 feet of the property granted a conditional use permit. A corporation shall be construed to be a sole owner; and when parcels of land are in the name of more than one person, ownership representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the conditional use permit shall not become effective unless it is approved by two-thirds of the Board of County Commissioners and two-thirds of the City Council.

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

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

​19.07 CONDITIONAL USE CRITERIA. The following considerations shall be employed when acting upon requests for conditional uses:

a. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be generally compatible with adjacent properties and other properties in the district.
b. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood.
c. The effects of noise, odor, traffic, air and water pollution, and other negative factors shall be eliminated or controlled through the use of screening, setbacks and orientation.
d. The proposed use shall not adversely affect the public.

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

​19.09 ​REVOCATION. If the Planning Director finds that at any time that the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Planning Director shall report this fact to the permittee, landowner, and/or operator, and the County and City Planning Commissions. The County and City Planning Commissions may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, make a recommendation to the Board of County Commissioners and the City Council for their consideration and action. The Board of County Commissioners and the City Council may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions, or requirements of the permit.

19.10 Deleted (Amended MC30-22-09)

19.11 Deleted (Amended MC30-22-09)

ARTICLE 20.00 AMENDMENTS TO THE REGULATIONS

20.01 ​APPLICATION TO COUNTY FOR ZONING AMENDMENT. Any person, firm or corporation desiring a change in regulations, restrictions or boundaries of the zoning map of any property from one zoning district classification to another zoning district classification, shall make application for such change to the Minnehaha County Planning Department. Such application shall be provided by the Department and be completed in full by the applicant.

The Board of County Commissioners and the City Council may from time to time on their own motion, after public notice and hearing, and after a report by the Planning Commissions amend, supplement, or change the boundaries or regulations herein or subsequently established.

​20.02 FEES. upon the filing of any application for a zoning district classification change, the applicant shall pay to Minnehaha County the appropriate fee as designated in Article 22.00. These fees shall be utilized to help defray necessary administrative costs of processing the application as required, including publication and printing of required notices.

20.03 ​HEARING BY PLANNING COMMISSIONS. Upon the filing of an application for a request of zoning district classification change, the Minnehaha County Planning Department shall set a date for public hearing, at which time and place the County and City Planning Commissions shall meet jointly to consider the zoning classification changes.

a. Signs. A sign(s) to be provided by the Minnehaha County Planning Department shall be posted on the property at least five days prior to the scheduled hearing.
b. Recommendations From Planning Commissions. The County and City Planning Commissions shall, respectively, make a recommendation to the Board of County Commissioners and City Council on those applications for zoning district classification changes which have been considered and all other amendments to these regulations.

20.04 ​HEARING BY BOARD AND CITY COUNCIL. The Board of County Commissioners and the City Council shall jointly conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in these regulations. The County Auditor shall cause to be published a notice of the time and place when and where all persons interested shall be given a full, fair and complete hearing.

a. Supplementary Notice. Supplementary to the published notice, a sign(s) to be provided by the Minnehaha County Planning Department shall be posted on the property at least five days prior to the scheduled hearing.
b. Hearing. Upon the day of such public hearing, the Board of County Commissioners and the City Council shall review the decisions and recommendations of their respective Planning Commissions on all applications coming before them as provided in these regulations. The Board of County Commissioners and the City Council must each vote in favor of the proposed action before any changes or modifications are made in the regulations, restrictions or zoning map.
c. Protest. Twenty days after publication of the Board of County Commissioners= and City Council=s approval, the zoning district classification change shall take effect unless the referendum be invoked, or unless a written protest is filed with the County Auditor, signed by at least forty percent of the owners of equity in the lots or parcels located within 250 feet from any part of such proposed district. A corporation shall be construed to be a sole owner; and when parcels of land are in the name of more than one person, ownership representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the ordinance shall not become effective unless the ordinance is approved by a resolution by two-thirds of the Board of County Commissioners and two-thirds of the City Council.

​20.05 REAPPLICATION. Not application requesting a zoning district classification change on any property whose application includes any such property either entirely or substantially the same as that which has been denied by the Board of the County Commissioners and City Council, shall again be considered by the Planning Commissions before the expiration of six (6) months from the date of the final action of the Board of County Commissioners and City Council.

ARTICLE 21.00 ZONING BOARD OF ADJUSTMENT

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

​21.02 OPERATIONAL PROCEDURE.

a. The Board shall meet at the regularly scheduled joint meetings of the County and City Planning Commissions. Special meetings may be held at the call of the chairpersons. All meetings of the Board shall be open to the public and all business coming before the Board shall be transacted at such meetings.
b. The Board shall keep minutes of its proceedings, records of examinations and other official actions, all of which shall be filed in the County Planning Department and shall be a public record.

​21.03 APPEALS. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the County Planning Director in the enforcement of these regulations.

21.04 ​VARIANCES. The Zoning Board of Adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case that all of the following conditions are present:

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

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

21.06 ​FEES. Upon the filing of any application for a variance or appeal by the Board, the applicant shall pay to Minnehaha County the appropriate fee as designated in Article 22.00. These fees shall be utilized to help defray necessary administrative costs of processing the application as required.

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

a. SIGNS. A sign(s) to be provided by the County Planning Department shall be posted on the property at least five days prior to the scheduled hearing.
b. DECISION. All requests under this article shall be acted upon at a joint meeting of the County and City Planning Commissions. The Planning Commissions shall vote on such requests independently, and a favorable vote by a majority of the members of each
Planning Commission shall be required to approve each request.

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

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

21.10. JURISDICTION RESTRICTED. The Board of Adjustment shall have no jurisdiction to hear requests or grant variances of the height limitations for broadcast towers, telecommunications towers, antenna support structures, and wireless communications facilities regulated by this ordinance.

ARTICLE 22.00 FEES

22.01 GENERAL REGULATIONS. All fees required by this article shall be the property of the County and shall be deposited with the County Treasurer and credited to the general fund. The fees shall be paid at the time of filing the application with the County Planning Department. No action shall be taken on any application until all applicable fees have been paid in full. Under no conditions shall any fee required hereunder be refunded to an applicant who withdraws their application after the application deadline has passed. (amended MC30-16-07 8/21/07)

22.02 CHANGE OF ZONE. A fee of $350.00 shall be charged for filing an application to change the zoning classification of property, except to the Planned Development District. If any use, for which a rezoning is required, is commenced prior to the application for a rezoning, the application fee shall be double the regular fee. (amended by MC30-05-04 and MC30-08-05)

22.03 PLANNED DEVELOPMENT DISTRICT. A fee of $350.00 plus $50.00 for each subarea shall be charged for the filing of an application to change to the Planned Development District. If any use, for which a rezoning is required, is commenced prior to the application for a rezoning, the application fee shall be double the regular fee. (amended by MC30-05-04 and MC30-08-05)

22.04 MAJOR AMENDMENT. A fee of $100.00 shall be charged for the filing of an application for a major amendment to a Planned Development District. (amended by MC30-05-04)

22.05 MINOR AMENDMENT. A fee of $50.00 shall be charged for the filing of an application for a minor amendment to a Planned Development District. (amended by MC30-05-04)

22.06 CONDITIONAL USE. A fee of $250.00 shall be charged for filing an application for a conditional use permit in any district. If any use, for which a conditional use permit is required, is commenced prior to the application for a conditional use permit, the application fee shall be double the regular fee. (amended by MC30-05-04 and MC30-08-05)

22.07 BOARD OF ADJUSTMENT. A fee of $250.00 shall be charged for filing a variance application or an appeal to the Zoning Board of Adjustment. (amended by MC30-05-04 and MC30-08-05)

22.08 ZONING PERMITS. A fee of $50.00 shall be charged for filing an application for a zoning permit. However, this fee shall be waived when the proposed construction is subject to the requirements and fees of the International Building Code as adopted by Minnehaha County. (amended by MC30-08-05 & by MC30-16-07 8-20-07)

ARTICLE 23.00 GENERAL PROVISIONS

23.01 ​GENERAL REGULATIONS. The following general regulations shall apply to all zoning districts:

a. Except as otherwise provided, no building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any structure or land be used:

1. Except for a purpose permitted in the district in which the structure or land is located.
2. Except in conformance with the height and minimum lot requirements, and the parking and sign regulations, and any other applicable requirements of the district in which the structure or land is located.
3. Except in conformance with any Federal, State or County codes as may be applicable. Where these regulations and any other rules and regulations conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

b. The density and yard requirements of these regulations are minimum regulations for each and every building existing at the effective date of these regulations and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building.
c. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on a lot except as otherwise provided in these regulations.
d. Cooperatives, condominiums, and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property were under single ownership.

23.02 ​BUILDING PERMITS REQUIRED. It shall be unlawful for any person to construct, alter, or repair a building or structure or to commence the construction, alteration, or repair of a building or structure, without first having obtained a building permit from the County Planning Department. This requirement shall not apply to minor nonstructural changes involving no change of use.(amended MC30-16-07 8-21-07)

​23.03 ENFORCEMENT AND ADMINISTRATION. Enforcement and administration of these regulations shall be as follows:

a. It shall be the duty of the County Planning Director, herein referred to as the Director, to enforce these regulations.
b. The Director or an authorized representative shall be charged with the following:

1. Receive applications required by these regulations.
2. Issue permits.
3. Make necessary inspections to assure compliance.
4. Issue notices or orders as may be necessary to assure compliance.

c. An application for a building permit shall be submitted in such form as the Director may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer, or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, when required by the Director, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such shall contain the full names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Director for an intelligent understanding of the proposed work. .(amended MC30-16-07 08-21-07)

23.04 ​SITE PLAN. All site plans shall provide the following information: .(amended MC30-16-07 8-21-07)

a. Each application for a building permit shall be accompanied by a site plan showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of these regulations. A record of applications and site plans shall be kept in the office of the Director.
b. Nothing in these regulations shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
c. The Director or authorized representative shall examine applications for building permits within a reasonable time after filing. If, after examination, it appears that the proposed work will be in compliance with all applicable laws, the application shall be approved and a permit issued as soon as practicable. If the examination reveals otherwise, the application shall be rejected, with the findings attached to the application, and a copy delivered to the applicant.
d. Nothing in these regulations shall be construed to prevent the Director or authorized representative from issuing a building permit for the construction of footings before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with the requirements.
e. All work performed under a permit issued by the Director or authorized representative shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved site plan, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or tract of which a site plan has been filed and has been used as the basis for a permit, unless a revised site plan showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
f. Every permit issued by the Director under the provisions of these regulations shall have his signature affixed thereto; but this shall not prevent him from authorizing a subordinate to affix their signature.
g. A permit under which no work is commenced within 180 days after issuance shall expire by limitation.
h. The Director may revoke a permit or approval issued under the provisions of these regulations in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

23.05 ​VIOLATION AND PENALTY. Violations shall be treated in the manner specified below:

a. The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be pursuant to SDCL 7-18A-2. Each and every day that such violation continues may constitute a separate offense. (amended MC30-15-07 07-17-07)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations, the appropriate authorities of Minnehaha County, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land.

23.06 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and floor heights may be increased by man-made or natural causes. These regulations do not imply that land outside the flood zone or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of Minnehaha County or the City of Sioux Falls or on any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.

23.07 INTERPRETATION, ABROGATION, AND SEVERABILITY. In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and other regulations, easement, covenant or deed restriction conflict or overlap whichever imposes the more stringent restrictions shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only. If any section, clause, provision or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.

​23.08 SAVING CLAUSE. These regulations shall in no manner affect pending actions either civil or criminal, founded on or growing out of any regulations hereby repealed. These regulations shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any regulations repealed.

​23.09 PURPOSE OF CATCH HEADS. The catch heads appearing in connection with the sections of these regulations are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each article are to serve as general references only. The catch heads, introductory statements, and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court, or other tribunal in construing the terms and provisions of these regulations.

23.10 EFFECTIVE DATE. These regulations shall be in full force and effect from and after its passage and publication as provided by law.

ARTICLE 24.00 DEFINITIONS

24.00 PURPOSE. For the purpose of these regulations certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word ‘building’ shall include the word ‘structure’ and ‘premises’; the word ‘shall’ is mandatory and not directory; the words ‘used’ or ‘occupied’ include the words ‘intended’, ‘designed’ or ‘arranged to be used or occupied’; the word ‘lot’ includes the words ‘plot’, ‘parcel’ or ‘tract’, and the word ‘person’ includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.

24.02 DEFINITIONS.

1. ABANDONED SIGN. A sign or sign structure which contains no sign copy, contains obliterated or obsolete sign copy, or is maintained in an unsafe or unsightly condition for a period of three months shall be considered an abandoned sign.

5. ACCESSORY BUILDING AND USES. A subordinate building or portion of the main building, the use of which is incidental to and customary in connection with the main building or the main use of the premises and which is located on the same lot with such main building or use. An accessory use is one which is incidental to the main use of the premises.

10. ADULT AMUSEMENT OR ENTERTAINMENT. Amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing or relating to ‘specified sexual activities’ or ‘specified anatomical areas’ or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.

15. ADULT BOOKSTORES. An establishment having as a substantial or significant portion of its stock and trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to ‘specified sexual activities’ or ‘specified anatomical areas’ as defined below, or an establishment with a segment or section devoted to the sale or display of such materials.

20. ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than fifty (50) persons used for presenting material for observation by patrons and which excludes minors by virtue of age.

25. ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to ‘specified sexual activities’ or ‘specified anatomical areas’, as herein defined, for observation by patrons therein.

30. ADULT PHOTO STUDIO. An establishment which, on payment of a fee, provides photographic equipment and/or models for the purpose of photographing ‘specified anatomical areas’.

35. AGRICULTURE. The use of land for agricultural purposes including farming, dairying, raising, breeding, or management of livestock, poultry, or honey bees, truck gardening, forestry, horticulture, floriculture, viticulture, and the necessary accessory uses for packaging, treating or storing the produce providing that the operation of any such accessory use shall be secondary to the normal agricultural activities. This definition shall not include intensive agricultural activities such as feedlot operations and agribusiness activities.

40. AIRPORT. A place where aircraft can land and takeoff, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers, including heliports.

45. ANIMAL UNIT. One animal unit is equivalent to one beef cow, steer, feeder or fat beef animal; 0.5 horse; 0.7 dairy cow; 1.7 swine; 6.7 sheep; 33 hens, cockerels, capons, broilers; 10 geese or turkeys; and 5 ducks. (Example: 200 animal units x 0.7 = 140 dairy cattle or 200 animal units x 1.7 = 340 swine.)

50. ANTENNA. Any device that radiates or captures electromagnetic wave signals, including digital voice and data signals, analog voice and data signals, video signals or microwave signals, and is mounted on a structure that allows freedom from obstruction for the radiation and capture of the electromagnetic signals.

55. ANTENNA SUPPORT STRUCTURE. Any existing structure that supports wireless communications facilities, such as but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples and light poles.

60. AQUIFER. A zone stratum or group of strata that can store and transit water in sufficient quantities for specific use.

65. ARCADE. A building or structure, open to the public, which contains coin operated games and similar entertainment and amusement devices, as the primary use or with five or more games as an accessory use.

70. AUTOMOBILE SERVICE STATION. Shall mean any building or premise which provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automobile repair work may be done at a service station provided that no rebuilding of engines, spray paint operations, or body or fender repair is permitted. Gasoline pumps and gasoline pump islands shall be located more than twelve (12) feet from the nearest property line.

75. AUTOMOBILE STORAGE YARD. The temporary storage of vehicles which are impounded, licensed, and operable, in an unroofed area.

80. BAR/LOUNGE. An establishment that is licensed to sell alcoholic beverages, including low point beer, by the drink.

83. BED AND BREAKFAST ESTABLISHMENT. A bed and breakfast accommodation may provide no more than ten bedrooms for guests (exclusive of the living quarters of the owner or operator). Guests at a bed and breakfast accommodation may stay up to fourteen consecutive days provided that the bed and breakfast accommodation may only offer a daily rate and shall not offer weekly or bi-weekly rates. A bed and breakfast accommodation may include kitchen and dining facilities to furnish meals for guests only. Food preparation within a guest bedroom is prohibited. A bed and breakfast accommodation may not include a restaurant, banquet facilities or similar services. (amended 08/17/09 By MC30-02)

85. BILLBOARD. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

90. BOARD OF COUNTY COMMISSIONERS. The governing body of Minnehaha County.

95. BOARDINGHOUSE. A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.

100. BROADCAST TOWER. Shall mean a structure, not including offices or studio, for the transmission of radio or television broadcast communications.

105. BUILDABLE AREA. That portion of the lot that can be occupied by the principal use, thus excluding the front, rear and side yards.

110. BUILDING. Any structure, either temporary or permanent, forming an open, partially enclosed, or enclosed space constructed by a planned process of materials and components to be designated and used for the shelter or enclosure

of any person, animal or property of any kind. For the purpose of these regulations, retaining walls, concrete slabs, utility poles and fences are not considered structures. (amended MC30-12-06 6/19/06)

115. BUILDING, DETACHED. A building surrounded by open space on the same lot.

117. BUILDING ELIGIBILITY. See ‘eligible building site’. (amended by MC30-05-04)

120. BUILDING, HEIGHT OF. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs.

125. BUILDING LINE. Is a line on the lot running parallel to the required horizontal distance from the nearest property line.

130. BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot on which it is located.

135. BUS/TRUCK TERMINAL. An area and building where buses, trucks, and cargo is stored; where loading and unloading is carried on regularly; and where minor maintenance of these types of vehicles is performed.

140. CAMPGROUND. A plot of ground consisting of two or more campsites where camping units can be located and occupied as temporary living quarters.

145. CATHODIC PROTECTION. A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell; protection of a tank through the application of either galvanic anodes or impressed current.

150. CITY COUNCIL. The governing body of the City of Sioux Falls.

155. CITY PLANNING COMMISSION. The members appointed by the City to serve in an advisory capacity on planning and zoning matters.

160. CLUB. Building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

170. COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the area, including analysis, recommendations and proposals of economy, housing, transportation, community facilities, and land use.

175. CONCENTRATED ANIMAL FEEDING OPERATION. A lot, yard, corral, building or other area where animals have been, are, or will be stabled or confined for a total of 90 days or more during any 12 month period; and where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility.

180. CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district, but which if controlled, would promote the public health, safety and welfare.

185. CONTAINMENT FACILITY.

a. Primary – The tank, pit, container, pipe, enclosure, or vessel of first containment of a regulated substance.
b. Secondary – A second level of containment outside the primary containment facility designed to prevent a regulated substance from reaching land or waters outside the containment area.

190. CONTAMINATION, AIR. A concentration of any radioactive or toxic material which is a product, by-product, or otherwise associated with any exploration, mining or milling operation that increases ambient air radiation levels by 50 mrems from the background levels established prior to the commencement of such activity, measured at the perimeter of the mining or milling site or at the top of an exploration hole.

195. CONTAMINATION, WATER. A concentration of any radioactive or toxic material which is a product, by-product, or otherwise associated with any exploration, mining or milling operation that exceeds the maximum contaminate levels established by the Federal Safe Drinking Water Act and regulations promulgated thereunder.

200. CONTRACTOR’S SHOP AND STORAGE YARD. Use of land or building(s) for storage and preparation of materials used by that same individual(s) in conducting the business of construction and repair work, generally completed at some other on-site location.

205. COUNTY PLANNING COMMISSION. The members appointed by the Board of County Commissioners to serve in an advisory capacity on planning and zoning matters.

210. DAY CARE. The providing of care and supervision of a child or children as a supplement to regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.

215. DAY CARE, CENTER. Is normally in a facility used only for providing day care nursery or pre-kindergarten services, and is limited in number over twelve (12) by the square footage of useable space available. The ratio is presently thirty-five

(35) square feet per child indoors and fifty (50) square feet per child outdoors.

220. DAY CARE, FAMILY. Care is done in a family home and the number of children cared for is limited to a maximum of six (6) children under fourteen. Included in that count are the providers’ own children six years and under. See (Home Occupation).

225. DAY CARE, GROUP. Is normally in a family home. The number of children cared for is seven (7) to twelve (12) children under the age of fourteen including the provider’s own children six years and under.

230. DENSITY. The number of families, individuals, dwelling units, or housing structures per unit of land.

235. DISTRICT. An area for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

240. DRIVE-UP SERVICE WINDOW/DEVICE. An establishment which accommodates the patron’s motor vehicles, from which the occupants may obtain or receive a service or obtain a product through a service window or automated device.

245. DWELLING. A building, or portion thereof, constructed in conformance with the Uniform Building Code, and used exclusively for human habitation, including single-family, two-family, and multiple-family dwellings, but not including hotels, motels, or lodging houses. This definition does not include a mobile home or manufactured home (see subsection 483).

250. DWELLING, SINGLE FAMILY. A building designed for or occupied exclusively by one family.

255. DWELLING, TWO FAMILY. A building designed for or occupied exclusively by two families.

260. DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families.

265. DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.

270. ELECTRICAL SUBSTATION. A premises which may or may not contain

buildings, where the interconnection and usual transformation of electrical service takes place between systems. An electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main system.

275. ELIGIBLE BUILDING SITE (BUILDING ELIGIBILITY). A site which fulfills the requirements for the construction or placement of a residential dwelling. To compute the number of eligible building sites on a lot of record of forty acres or more, the total acreage of the parcel shall be divided by forty acres. The resulting whole number is the number of building sites eligible on the lot of record.

280. EXPLORATION. The act of searching for or investigating a mineral deposit. It includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts and other works for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, access ways, and other facilities related to such work. Any and all shafts, tunnels, or holes shall not exceed 18 inches in diameter unless the conditional use for exploration provides for a larger diameter. The term does not include those activities which cause no or very little surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand- carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, or other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not involved in exploration.

285. Reserved. (amended by MC30-04-03)

290. FAMILY. One or more individuals, related by blood or law, occupying a dwelling unit and living as a single household unit. A family shall not include more than three (3) adults who are unrelated by blood or law. In addition to persons actually related by blood or law the following persons shall be considered related by blood or law for the purposes of this ordinance: (1) a person residing with the family for the purpose of adoption; (2) not more than six (6) persons under eighteen (18) years of age, residing in a foster home licensed or approved by a governmental agency; (3) not more than four (4) persons nineteen (19) years of age or older residing with the family for the purpose of receiving foster care licensed or approved by a governmental agency; and (4) any person who is living with the family at the direction of a court.

293. FARMER’S MARKET. An area where space is rented to individual vendors who grow farm products such as agricultural and horticultural goods, or who produce food specialty products such as baked goods, candies, jams, jellies, spices, condiments, cheeses, eggs, milk, honey, meats, fish and pasta. This definition does not include the sale of arts and crafts products. (amended 08/17/09 By MC30-02)

295. FARMSTEAD. An area consisting of a farm dwelling or dwellings and agricultural buildings and structures devoted to and used in connection with an agricultural operation. A farmstead is generally bounded on one or more sides by a tree belt but does not include crop and pasture land.

300. FLOOD INSURANCE RATE MAP (F.I.R.M.). An official map of Minnehaha County on which the Federal Insurance Administration has delineated the areas of flood hazard and their potential for flooding.

305. FLOOD PLAIN. A land area adjoining a river, creek, watercourse or lake which is likely to be flooded and which is designated as Zone A, A0 or A1-A30 on the F.I.R.M.

310. FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities, structures, and contents of buildings in a flood hazard area.

315. FLOOR AREA. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement, or cellar when said space is used for storage or incidental uses.

317. FOWL. Birds of the order Galliformes gallus, Gallinaceous, and Anserifomes. (amended MC30-33-14) 2-24-14

320. FRONTAGE. All the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.

325. FROZEN FOOD LOCKER. A place where the animal is dressed and packaged, where no rendering or refining is done.

330. GARAGE, PRIVATE. A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.

335. GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

340. GARAGE, STORAGE. Any building or premises, used for housing only motor- driven vehicles, other than trucks and commercial vehicles.

345. GENERAL MANUFACTURING. Those manufacturing processes including light manufacturing which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare, or the operation of the processes outside the building.

350. GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

355. GROUND WATER. Subsurface water that fills available openings in rock or soil materials such that it may be considered water saturated.

360. GROUP HOME. A supervised living or counseling arrangement in a family home context providing for the care of children or adults.

365. HOME OCCUPATION. A business, profession, occupation, or trade conducted for profit and located entirely within a dwelling, which use is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the essential residential character or appearance of such dwelling.

370. HYDROLOGIC BALANCE. The relationship between the quality and quantity of inflow to and outflow from the storage in hydrologic units, such as a drainage base and aquifer, soil zone lake, or reservoir it encompasses, the quantity and quality relationships between precipitation, runoff, evaporation and the change in ground and surface water storage.

375. HYDROLOGIC REGIME. The entire state of water movement in a given area which is a function of the climate and includes the entire water cycle for the drainage area. (Intersection Safety Triangle see #733)

377. INTERMODAL SHIPPING/STORAGE CONTAINER. A six-sided metal unit constructed as a general cargo container used for the transport and storage of goods and materials. Intermodal shipping/storage containers do not include
railroad cars, bus bodies, semi-trailers, and similar items designed to be permanently attached to a chassis. (Amended 4/26/24 by MC30-49-24)

378. JOINT ZONING JURISDICTION. The area beyond the Sioux Falls corporate limits where the County Commission and City Council jointly exercise the zoning powers granted by SDCL 11-2, 11-4 and 11-6. (amended by MC30-04-03)

379. JUNKYARD. Any facility used for the storage, wrecking, dismantling, salvage, collection, processing, purchase, sale or exchange of abandoned or discarded vehicles, goods, waste and scrap materials including, but not limited to: two or more abandoned or inoperable motor vehicles, glass, tires, appliances, machinery or automotive and mechanical parts. (amended 08/17/09 By MC30-22-09)

380.KENNEL. Any premise or portion thereon where dogs, cats, or other household pets are raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically excluded.

385. LIGHT MANUFACTURING. Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat or glare. These commercial and industrial uses are characterized by generally having all aspects of the process carried on within the building itself.

390. LOADING SPACE. A space within the main building or on the same lot for the standing, loading, or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 14.5 feet.

395. LOT. A parcel or tract of land having specific boundaries and which has been recorded in the Register of Deeds office. A lot used for residential purposes shall include only one main building together with its accessory buildings, open spaces and parking spaces required by these regulations and shall have its principal frontage upon a road or other approved access.

400. LOT AREA. The lot area is the area of a horizontal plane bounded by the front, side and rear lot lines.

405. LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

410. LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.

415. LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting roads, as distinguished from a corner lot.

420. LOT, FRONTAGE. The length of the front lot line measured at the street right- of-way line.

425. LOT, INTERIOR. A lot other than a corner lot.

430. LOT LINE. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

435. LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.

440. LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than three feet to any lot line.

445. LOT LINE, SIDE. Any lot line other than a front or rear lot line.

450. LOT OF RECORD. Part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds, or a parcel of land the deed or agreement to convey to which was recorded in the office of said Register of Deeds prior to February 21, 1978.

455. LOT, WIDTH. The width of a lot at the front yard line.

460. MAIN BUILDING. See (Principal Building).

465. MAJOR STREET. Streets or roads which have been designated as freeways or arterial routes on the major street plan.

470. MAP, OFFICIAL ZONING. The map or maps, which are legally adopted as a part of the zoning regulations that delineate the boundaries of the zoning districts.

473. MEDICAL CANNABIS DISPENSARY OR DISPENSARY. (amended 11/4/2021 By MC30-43-21) An entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.

475. MILLING. The processing or enhancing of a mineral.

480. MINE DEWATERING DISCHARGE. Water that has been discharged from active or abandoned mines in areas affected by mineral exploration, mining and milling.

485. MINERAL. An inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is useable in its natural form as a metal, a metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material. For the purpose of these regulations, this definition does not include surface or subsurface water, geothermal resources, or sand, gravel and quarry rock.

490. MINERAL EXTRACTION. The removal of a mineral from its natural occurrence on affected land. The term includes, but is not limited to, underground and surface mining.

495. MOBILE HOME/MANUFACTURED HOME. Any single-family permanent living quarters, more than eight (8) feet wide and thirty-two (32) feet in length, and designed and built to be towed on its own chassis.

500. MOBILE HOME PARK. A parcel or tract of land designed and maintained for the purpose of providing a location for mobile homes and site delivered dwellings as living quarters and where private roads provide access to individual lots. This definition shall specifically exclude sales lots for mobile homes, site delivered dwellings, travel trailers and similar operations.

505. MOTOR VEHICLE REPAIR SHOP. Any building or structure in which a business, service or industry involving the maintenance, servicing or repair of vehicles is conducted or rendered. Including rebuilding of engines, spray paint operations and hourly repair.

510. MREM. One thousandth of a REM.

515. NEIGHBORHOOD UTILITY FACILITY. Telephone, electric, and cable television lines, poles, and equipment; water or gas pipes, mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings that exceed 120 square feet of roof area) necessary for conducting a service by a government or a public utility.

520. NONCONFORMING USES. Any building or land lawfully occupied by a use at the time of passage of these regulations or amendment thereto, which does not conform after the passage of these regulations or amendment thereto with the use regulations of the district in which it is situated.

525. NONSTANDARD USE. The category of nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this ordinance which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this ordinance.

530. OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

535. PARKING SPACE. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street and permitting ingress and egress of an automobile.

540. PERMISSIVE USES. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

545. PERMITTED SPECIAL USE. A use allowed in a zoning district subject to the applicable restrictions of that zoning district and additionally subject to certain restrictions for that specific use.

550. PERSONAL COMMUNICATION SERVICES (PCS). Licenses granted by the Federal Communications Commission (FCC) to build digital wireless phone networks which compete with standard cellular service.

555. PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or their apparel. Including, but not limited to: laundry or dry cleaning, receiving station; garment services; coin-operated laundries; photographic and art studios; beauty shops; barber shops; shoe repair; reducing salons and health clubs; clothing rental; private schools.

560. PLANNING DIRECTOR. The individual for Minnehaha County designated to administer the zoning regulations and who is responsible for the enforcement of said regulations.

565. PRINCIPAL BUILDING. A building in which is conducted the primary or predominant use of the lot on which it is located.

567. PRODUCE STAND. A produce stand is defined as a temporary or permanent structure used for the display and sale of agricultural products, not to include retail nursery operations. (amended 08/17/09 By MC30-02)

570. PUBLIC UTILITY FACILITIES. See (Neighborhood Utility Facilities). The definition is the same as the Neighborhood except that buildings that exceed 120 square feet in roof area are allowable.

575. QUARTER-QUARTER SECTION. A quarter of a quarter section as determined by the United States Rectangular Land Survey System. A government lot as determined by the rectangular land survey system shall be considered a quarter- quarter section for purposes of these regulations. For purposes of these regulations, rights-of-way for public or private transportation shall not impact the completeness of a quarter-quarter section.

577. RECREATION FACILITY. A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either ac tive or passive. Related functions such as changing rooms or restrooms, and maintenance may be housed in buildings or structures. (amended 08/17/09 By MC30-02)

580. RECHARGE CAPACITY. The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

582. RECYCLABLE MATERIALS. Materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to aluminum, paper, glass, and plastic. (amended 08/17/09 By MC30-02)

583. RECYCLING PROCESSING FACILITY. An established facility where recyclable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. No on-site sales of materials, nor salvage-type automobiles may be conducted or processed at these types of facilities. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included. (amended 08/17/09 By MC30-02)

585. REGULATED SUBSTANCE. A regulated substance shall include: pesticides and fertilizers, hazardous and toxic substances designated by the EPA thru any of the following: Clean Water Act, Toxic Substances Control Act, Resource Conservation and Recovery Act, or Comprehensive Environmental Response Compensation and Liability Act; petroleum and petroleum substances, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils, additives used in refining oils and gasoline. This term does not include sewage and sewage sludge.

590. REM (ROENTGEN EQUIVALENT MAN). A measurement of the biological effects resulting from ionizing radiant energy where roentgen is the amount of radiation leading to the absorption of 88 ergs of energy per gram of air.

593. RESIDENTIAL DEVELOPMENT AREA. An area of land that is located in a residential zoning district; a residential subarea within a planned development zoning district; or a subdivision of five or more lots. (amended by MC30-25-10 on 3/15/10)

595. RETAIL SALES AND TRADE. Establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including eating and drinking establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, and other miscellaneous services.

600. SALVAGE OR JUNK YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to: scrap iron and other metals, paper, rags, rubber tires, bottles, and motor vehicles. This definition includes an automobile wrecking or dismantling yard, but does not include uses established entirely within enclosed buildings.

600. SALVAGE OPERATION, SCRAP PROCESSING OPERATION. A facility where salvageable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included. (amended 08/17/09 By MC30-02)

601. SALVAGEABLE MATERIALS. Materials or products from dismantled, non operating, or wrecked automobiles, trucks, trailers, equipment, machinery, mobile homes, tractors, or farm machinery, appliances, or other vehicles or parts thereof; as well as, scrap metals including iron, steel, and any other metallic material except recyclable material as defined herein. (amended 08/17/09 By MC30-02)

605. SANITARY LANDFILL. A site for the disposal of garbage and other refuse material.

610. SETBACK/SETBACK LINE. That line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be erected or placed.

615. SIGN. Any object, device, or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. This definition does not include national or state flags or their emblem or insignia, interior window displays, athletic scoreboards, or the official announcements or signs of government.

620. SIGN (OFF PREMISE). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

625. SIGN (ON PREMISE). A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

630. SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and the refining of their by-products.

634. SOLAR ENERGY CONVERSION SYSTEM (SECS). Any mechanism or device designed for the purpose of converting solar energy into electrical or mechanical power. (amended MC30-34-14 7/27/14)

635. SOLID WASTE RECEIVING STATION. A facility where garbage and other refuse material is brought to the site and deposited in a container, then compressed and transported to a sanitary landfill.

640. SPECIFIED ANATOMICAL AREAS. (1) Less than completely and opaquely covered; (a) human genitals, pubic region; (b) buttock; and (c) female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

645. SPECIFIED SEXUAL ACTIVITIES. (1) Human genitals in a state of sexual stimulation or arousal; (2) acts of human masturbation, sexual intercourse, or sodomy; (3) fondling or other erotic touching or undraped human genitals, pubic region, buttock, or female breast.

650. STABLE. Any premise or part thereon where horses or any equine animal are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.

655. STATIONARY TANK. An above ground tank which is fixed permanently in place on a foundation, rack, cradle, stilts or on the ground. The term does not include tanks mounted on wheels, trolleys, skids, pallets or rollers.

660. STEALTH. For freestanding telecommunications towers, it is the ability to blend into the context of the surrounding environment at a given location. For antenna support structures, stealth is the ability to camouflage or conceal the presence of wireless communication facilities. Methods of camouflage or concealment are required to be approved by the County Planning Director.

665. STOCKYARDS. A facility for the temporary confinement and marketing of animals.

670. STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

675. STREET. A public right-of-way which affords the principal means of access to abutting property. Also referred to a road or highway.

680. STREET LINE. The line between the public right-of-way and private property.

685. STRUCTURE. A combination of material(s) constructed, erected or placed on, above or below the surface of land or water for use, occupancy or ornamentation. For the purpose of these regulations, retaining walls, concrete slabs and utility poles are not considered structures. (amended MC30-12-06 6/19/06)

690. SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building developments (whether immediate or future). This term includes resubdivision and, when appropriate to the context, is related to the process of subdividing or to the land subdivided.

695. SURFACE IMPOUNDMENT. A facility or part of a facility which is a natural topographic depression, man-made excavation, or dike area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

700. TELECOMMUNICATIONS TOWER. A self-supporting lattice, guyed-lattice, or monopole structure which supports wireless communications facilities. The term includes new and existing towers that are used for services such as microwave, common carrier, cellular telephone, personal communication services, two-way radio paging, and other similar services. The term telecommunications tower does not include amateur radio operators= equipment, as licensed by the Federal Communications Commission.

705. TELECOMMUNICATIONS TOWER HEIGHT. The vertical distance above grade to the highest point of the telecommunications tower, including the base pad and any antenna.

710. TELECOMMUNICATIONS TOWER SITE. The telecommunications tower site shall be the lot of record for which the telecommunications tower is located.

715. TRAILER. Means any of the following:

a. TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses. permanently identified “travel trailer” by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight (8) feet, and a body length not exceeding thirty (30) feet.
b. PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
c. MOTOR-HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
d. CAMPING TRAILER. A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.

720. TRUCK STOP. Any building, premises, or land in which or upon which a business, service or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities.

725. UNSAFE SIGN. A sign on which the display area or structure has deteriorated due to rust, rotting, or physical damage to the point where any portion of the sign has the potential to fall shall be considered unsafe.

730. UNSIGHTLY SIGN. A sign which has deteriorated to the point where at least one-fourth of the display area is no longer clearly recognizable at a distance of twenty feet; or where the paint is peeling, chipping or flaking from the structure shall be considered an unsightly sign.

733. INTERSECTION SAFETY ZONE TRIANGLE. A triangular area on corner properties within which the placement of certain structures, materials and the like are imposed under the provisions of this ordinance. (amended MC30-15-07 07-18-07)

733A. VACATION HOME RENTAL/SHORT TERM RENTAL. A dwelling or portion thereof, or a mobile or manufactured home or portion thereof, that is rented, leased, or furnished to the public on a daily or weekly basis for more than 14 days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in SDCL 34-18-9.1. (amended MC30-47-23) 11-30-23

734. VEHICLE. A vehicle shall include, but not be limited to, any motor vehicle which is designed to be driven, and which is self-propelled, or is intended to be self-propelled. This definition shall also include all vehicles, whether or not self- propelled, that are intended to be attached, pulled or fixed to a vehicle. (amended by MC30-25-10 on 3/15/10)

735. VEHICLE AND EQUIPMENT, AGRICULTURAL. Any tool, implement, piece of equipment or machinery that is presently used in an agricultural operation or which is used in the regular or ongoing maintenance of the property; which includes but is not limited to equipment used for planting, harvesting, spraying, fertilizing, haying, livestock and manure handling, and other farming functions, or for property maintenance. (amended by MC30-25-10 on 3/15/10)

736. VEHICLE AND EQUIPMENT, COMMERCIAL. A commercial vehicle and equipment is defined as any of the following:

1. 1. 1. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire or has commercial vehicle identification.

      2. Vehicles including but not limited to any solid waste collection vehicle, semi- tractor, semi-trailer, dump truck, concrete mixer truck, box truck, towing or recovery vehicle, and any construction equipment whether located on the ground or on a truck, trailer, or semi-trailer.

      3. Any vehicle having three or more axels, or exceeding twenty-two feet in length.

      4. Any vehicle or equipment that has a gross vehicle weight of more than 10,000 pounds.

      5. Any equipment or trailer (open or closed) which is towed by another commercial vehicle. (amended by MC30-25-10 on 3/15/10)

737. VEHICLE, RECREATIONAL. Any vehicle designed for, used or capable of use for sport or recreation, whether or not eligible to be licensed for use upon streets and highways, including but not limited to campers, pickup campers, tent trailers, and motor homes, boats and boat trailers, snowmobiles, motor bikes, or all terrain vehicles, but excluding vehicles designed for commercial, industrial or agricultural use. (amended by MC30-25-10 on 3/15/10)

739. WAREHOUSE. A building used primarily for the storage of goods and materials. (amended by MC30-25-10 on 3/15/10)

740. WASTE. Any garbage, refuse, manure, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product materials as defined by the Atomic Energy act of 1954, as amended to January 1.

745. WATER SOURCE PROTECTION AREA. A geographical area overlying a geologic formation, group of formations, or part of a formation capable of yielding, storing, or transmitting a usable amount of groundwater to wells or springs for domestic or animal use. Any deposition of sand and gravel that is connected to water bearing strata or is not isolated.

750. WATER TABLE. The upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

755. WHOLESALE MERCHANDISING/TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

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

765. WIRELESS COMMUNICATIONS FACILITIES. Any cables, wires, lines, wave guides, antennae, antenna arrays, and any other equipment associated with the transmission or reception of telecommunications signals which a person seeks to locate or have installed upon or near a telecommunications tower or antenna support structure.

770. YARD, FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

775. YARD LINE. See (Building Line).

780. YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line.

782. YARD, REQUIRED. A required yard shall mean the required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this ordinance. (amended 08/17/09 By MC30-02)

785. YARD, REQUIRED FRONT. The required front yard shall extend across the front of a lot between the property lines. There shall be a required front yard on each street side of a corner lot. The required front yard with the smallest required front yard may be referred to as the side-street-side front yard.

790. YARD, REQUIRED REAR. The required rear yard shall extend across the rear of a lot between the property lines. On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

800. YARD, REQUIRED SIDE. The required side yard shall extend between the required front yard line and the required rear yard line. There shall only be one required side yard on a corner lot.

805. YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.

810. ZONING DISTRICT. A specifically delineated area in the joint zoning jurisdiction within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. (amended by MC30-04-03)

815. ZONING PERMIT. A document signed by the Planning Director or an authorized representative as a condition precedent to the commencement of a use or the erection, construction, re-construction, restoration, alteration, conversion, or installation of a building, which acknowledges that such use, or building complies with the provisions of the zoning regulations or an authorized variance therefrom.