Contains 2022 S-4 Supplement, current through: Ordinance 2022-04, passed 3-17-2022
Published by: American Legal Publishing Corporation 525 Vine Street, Suite 310 Cincinnati, Ohio 45202 Tel: (800) 445-5588 Internet: http://www.amlegal.com
TITLE I: GENERAL PROVISIONS
Chapter
10. GENERAL PROVISIONS
CHAPTER 10: GENERAL PROVISIONS
Section
General Provisions
10.01 Title of code
10.02 Rules of interpretation
10.03 Captions
10.04 Definitions
10.05 Severability
10.06 Reference to other sections
10.07 Reference to offices
10.08 Errors and omissions
10.09 Powers to enact, amend, or repeal ordinances and resolutions; generally
10.10 Ordinances repealed
10.11 Ordinances unaffected
10.12 Repeal or modification of an ordinance
10.13 Ordinances which amend or supplement code
10.14 Preservation of penalties, offenses, rights, and liabilities
Administrative Procedures
10.25 Scope and purpose
10.26 Definitions
10.27 Authority
10.28 Administrative citations
10.29 Remedies
10.30 Appeals
10.31 Complaints and abatements
10.32 Landowner responsible for any costs
10.99 General penalty
GENERAL PROVISIONS
§ 10.01 TITLE OF CODE.
All ordinances of a permanent and general nature, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “Summerset Code of Ordinances,” for which designation “code of ordinances” or “codified ordinances” may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
§ 10.02 RULES OF INTERPRETATION.
(A) Generally. Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
(B) Specific rules of interpretation. The construction of all ordinances shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance.
(1) Acts by assistants. When a statute, code provisions, or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
(2) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; and the use of a verb in the present tense shall include the future, if applicable.
(3) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. General terms descriptive of an officer, act, proceeding, or thing shall have reference to a municipality concerned or affected.
Statutory reference:
General terms descriptive of an officer, act, proceeding, and the like, see SDCL § 9-1-1
§ 10.03 CAPTIONS.
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
§ 10.04 DEFINITIONS.
For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPUTATION OF TIME. The time in which any act provided by this code or other ordinance is to be done is computed by excluding the first day and including the last, unless the last is a holiday and then it also is excluded. Fractions of a day are to be disregarded in COMPUTATIONS which include more than one day and involve no questions of priority.
COUNTY. Meade County.
ELECTOR(S) or QUALIFIED ELECTOR(S). Voter(s).
GOVERNING BODY. The Board of Commissioners of a municipality concerned or affected.
LOT. This includes PARCEL or TRACT OF LAND.
MONTH. A calendar month.
MUNICIPALITY or MUNICIPAL CORPORATION. All cities and towns organized under the laws of this state, but shall not include any other political subdivisions.
ORDINANCE. A permanent legislative act within the limits of its powers of the governing body of a municipality.
OWNER. As used in this code relating to local improvements, the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the Register of Deeds of the county or counties in which the municipality is located, or his or her heirs or successors.
PUBLICATION. Any requirement for publication shall mean publication in the official newspaper of the municipality concerned or affected, if any; but if none, then, in a legal newspaper published in such municipality, if any; but if none, then, in any legal newspaper which serves such municipality, except as provided by SDCL § 9-13-13. Personal service either within or without the state upon the person affected thereby by delivery of a copy of a notice required to be published shall be equivalent to the required PUBLICATION.
RESOLUTION. Any determination, decision, or direction of the governing body of a municipality, of a temporary or special character, for the purpose of initiating, effecting, or carrying out its administrative duties and functions.
SDCL. South Dakota Codified Laws.
STATE. The State of South Dakota.
STREET. This includes AVENUE.
CITY. The City of Summerset, South Dakota.
YEAR. A calendar year.
Statutory reference:
Related provisions, see SDCL §§ 9-1-1 and 9-19-1
§ 10.05 SEVERABILITY.
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
§ 10.06 REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 10.07 REFERENCES TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this local government exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
§ 10.08 ERRORS AND OMISSIONS.
(A) If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.
(B) No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.09 POWERS TO ENACT, AMEND, OR REPEAL ORDINANCES AND RESOLUTIONS; GENERALLY.
Every municipality may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto.
§ 10.10 ORDINANCES REPEALED.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
§ 10.11 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.12 REPEAL OR MODIFICATION OF AN ORDINANCE.
(A) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoined, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(B) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
§ 10.13 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to this indication as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.14 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS, AND LIABILITIES.
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings, and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment, or vacation of any highway, and the election of corporate officers shall remain valid in all respects as if this code had not been enacted.
ADMINISTRATIVE PROCEDURES
§ 10.25 SCOPE AND PURPOSE.
The enforcement of the city’s code is an important public service and is vital to the protection of the public’s health, safety, and welfare. The city has determined that there is a need for alternative methods of comprehensive code enforcement, using both administrative and judicial remedies, and because life- safety issues may be regulated through an administrative enforcement process, penalties for any violation should be enhanced. The purpose of this subchapter is to establish administrative regulations for the enforcement of the city’s code of ordinances in order to properly protect the public’s health, safety, and welfare.
(Ord. 36, passed 11-4-2010)
§ 10.26 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE CODE ENFORCEMENT REMEDIES. Administrative citations and civil penalties as contained in this subchapter.
CIVIL PENALTY. The administrative civil penalty assessed and all costs incurred by the city from the first discovery of the violations until compliance is achieved. It includes, but is not limited to, staff time and expense in inspecting the property, sending notices, and preparing reports and files.
CODE. The city’s code of ordinances.
CODE ENFORCEMENT OFFICER. Any city employee or agent of the city designated with the authority to enforce any provision of this subchapter and issue notice of violations or administrative citations.
RESPONSIBLE PARTY. Any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and includes any of the following:
(1) The person or persons who own the property where the violation exists;
(2) The person or persons in charge of the premises where the violation exists;
(3) The person or persons using or renting the premises when the violation exists;
(4) If any of the above is a minor, a parent or guardian of such minor shall be the RESPONSIBLE PARTY; and
(5) If any of the above is a business entity, the manager or on-site supervisor where the violation exists.
ROLLING 12-MONTH PERIOD. Any 12 consecutive months following a violation.
(Ord. 36, passed 11-4-2010)
§ 10.27 AUTHORITY.
(A) General enforcement authority. For the purpose of this code, any Code Enforcement Officer may issue notices of violation and administrative citations, inspect public and private property, and enforce any available administrative and judicial remedies.
(B) Authority to inspect. Any Code Enforcement Officer may enter upon any property and make any examination and surveys necessary to perform her or his enforcement duties. Inspections may include the taking of photographs, samples, or other physical evidence. If an owner, occupant, or agent refuses permission to enter to inspect, the Code Enforcement Officer may seek an administrative inspection warrant pursuant to the procedures provided for in state law.
(Ord. 36, passed 11-4-2010)
§ 10.28 ADMINISTRATIVE CITATIONS.
(A) General.
(1) Any person violating any provision of the code for which a civil penalty may be assessed may be issued an administrative citation by a Code Enforcement Officer as provided for in this subchapter.
(2) A continuing violation of the code constitutes a separate and distinct violation each day that the violation exists.
(3) A civil penalty shall be assessed by means of an administrative citation issued by the Code Enforcement Officer and shall be payable directly to the city.
(4) Penalties assessed by an administrative citation shall be collected in accordance with the schedule of civil penalties.
(B) Procedures.
(1) A Code Enforcement Officer may issue an administrative citation to a responsible party as described in this subchapter. The citation shall be on forms approved by the city.
(2) If the responsible party is not an individual, the Code Enforcement Officer shall attempt to issue the owner an administrative citation. If the owner cannot be located, the administrative citation may be issued in the name of the entity and given to a manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the owner.
(3) The responsible party shall sign the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation.
(4) If the Code Enforcement Officer cannot locate a responsible party, the administrative citation may be mailed to the responsible party.
(5) If no one can be located at the property, the administrative citation may be posted in a conspicuous place near the property and a copy subsequently mailed to the responsible party.
(6) In the case of mailing, the city shall mail the citation by certified mail to the address of the owner of the property at the address listed in the office of the County Director of Equalization and such action by the city shall meet any notice requirement of this subchapter.
(7) The failure of any responsible party to receive notice shall not affect the validity of any proceedings taken under this subchapter.
(C) Penalties assessed.
(1) Any civil penalties assessed shall be payable to the city within 20 days from the date of the administrative citation.
(2) Payment of the civil penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
(3) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the civil penalty shall increase at a rate specified in ordinance.
(D) Failure to appeal or pay administrative citation penalties. The failure of any person to file a timely appeal or pay the civil penalties within the time specified on the citation shall constitute an irrefutable presumption that a violation has occurred. It may result in the City Attorney filing legal proceedings in magistrate or circuit court. Alternatively, the city may pursue any other legal remedy available to collect the civil penalty or correct the violation.
(E) Civil penalty amount. Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. 36, passed 11-4-2010)
§ 10.29 REMEDIES.
The procedures established in this subchapter are in addition to other legal remedies established by law which may be pursued to address violations of the code. The use of this subchapter shall be at the sole discretion of the city.
(Ord. 36A, passed 4-3-2014)
§ 10.30 APPEALS.
(A) Appeals permitted.
(1) Any person aggrieved by a citation issued by any Code Enforcement Officer under this title may appeal said citation to the Board of Commissioners. Before filing an appeal, the aggrieved person is strongly encouraged to meet with the City Administrator to discuss why the person believes the citation was issued in error. If unresolved, the appeal may be commenced.
(2) Appeals shall be commenced by filing a notice of appeal with the Finance Officer for the city. There shall be a $100 fee assessed for filing an appeal, which shall be paid to the City of Summerset at the time of filing the appeal. The notice of appeal shall include a statement of the action complained of, why the same should be modified or rescinded, an address where the appellant can be mailed notice of hearings, and a copy of the citation issued. Upon receipt of the appeal, all documents, including the appeal, shall be forwarded from the Code Enforcement Coordinator and Finance Officer to the City Attorney. The appeal shall be heard by the Board of Commissioners which may be during a special or regular Board of Commissioners meeting or executive session as decided by the Board of Commissioners.
(B) Time of hearing and notice. A public hearing shall be held on all appeals within 45 working days after the filing of the appeal, unless a later date is agreed upon by the aggrieved person and the city. The city shall cause written notice of the date, time, and place of such hearing to be served upon the aggrieved person by personal service or certified mail to the address set forth in the appeal documents at least ten days prior to the hearing. The appeal shall be scheduled on the agenda of a regularly scheduled meeting of the Board of Commissioners for a period of at 30 minutes unless otherwise directed by the Board of Commissioners.
(C) Hearing procedures. The following rules shall govern the procedures for an administrative hearing.
(1) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(2) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission for such evidence after objection in civil actions in courts or competent jurisdiction in this state.
(3) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(D) Rights of parties at hearing. The aggrieved person and the city shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary, physical, and oral evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(E) Decision. After each appeal hearing, the Board of Commissioners shall consider the evidence in executive session and may state its decision when it has concluded the executive session. In addition, the Board of Commissioners shall provide written findings stating the following:
(1) The evidence the Board of Commissioners relied upon in reaching its decision; and
(2) Based upon such written findings, the Board of Commissioners may sustain or dismiss the citation or decision. In sustaining citation, the Board of Commissioners may in its discretion reduce or waive the payment of any civil penalty, permit, reinstatement, or late penalty fee.
(F) Report, costs. A written report of the decision, including the findings, shall be furnished to the aggrieved person and the Community Development Director within 20 working days from the date the appeal hearing is closed. The city and the aggrieved person shall bear their own respective costs of the appeal proceeding. The decision of the Board of Commissioners shall be final.
(G) Subject to judicial review. The decision of the Board of Commissioners may be subject to judicial review as provided by law.
(1) Unless otherwise stated in this subchapter, in the event any city representative receives a complaint, either orally or in writing, he or she shall forward the complaint to the Code Enforcement Officer for investigation.
(2) As part of the investigation, the Code Enforcement Coordinator shall obtain the following information in writing:
(a) Name, address, and phone number of the person making said complaint;
(b) Address of the property for which the complaint is being filed; and
(c) Nature of the complaint.
(3) After obtaining the necessary information from the complainant, the Code Enforcement Coordinator will request assistance from the Code Enforcement Officer or request an investigation by a more appropriate city employee and/or agent as is necessary based upon the nature of the complaint.
(B) Courtesy letter; notice of violation. Unless otherwise stated in this subchapter, in the event the Code Enforcement Coordinator, Code Enforcement Officer, and/or agent finds that any violation exists, the Code Enforcement Coordinator shall send a courtesy letter/notice of violation to the property owner. The letter shall state the following:
(1) Name and address of the property owner;
(2) Address and legal description of the property in violation;
(3) Nature of the violation;
(4) Title, chapter, and section violated;
(5) Demand that the property owner become compliant; and
(6) The date upon which the representative will inspect the property for compliance.
(C) Notice to complainant and right to review. In the event the Code Enforcement Coordinator or Code Enforcement Officer and/or agent concludes that a violation does not exist, the Code Enforcement Coordinator shall send a letter to the complainant within 15 days of advising her or him of said determination.
(D) Abatement or filing of review required within 15 days. Any person who has received written notification of an existing violation shall either abate said nuisance or file a written notice of review with the Code Enforcement Coordinator within 15 days of receipt of the courtesy letter/notice of violation. A complaint of a second or subsequent violation subject to this subchapter at the same property shall reduce the notice period established herein to seven days. Thereafter, the administrative citation may immediately be issued by the Code Enforcement Officer.
(E) Immediate abatement required in certain cases. Ordinance violations involving subjects such as, but not limited to, bonfires, campfires, dead animals, undressed hides, fireworks, depositing filth, spoiled foods, or similar items which are determined by the Code Enforcement Officer to be an immediate threat to public health and safety shall be abated immediately, unless it is otherwise dictated by the Mayor.
(F) Issuance of summons and complaint for violation. If the landowner fails to abate the nuisance or request a review from the Public Works Commissioner within the given time, the city may issue a complaint and summons to the landowner ordering the landowner to appear in court to answer said violation. Each violation may be considered a Class II misdemeanor for each day of violation until the nuisance is abated.
(Ord. 36A, passed 4-3-2014)
§ 10.32 LANDOWNER RESPONSIBLE FOR ANY COSTS.
Any related expenses, receipts, and administrative, legal, and/or investigative fees shall be billed to the landowner. The Code Enforcement Coordinator that conducted the authority to employ a contractor to assist with said abatement. In the event the landowner fails to pay said bill within 30 days, the City Finance Officer shall add those costs to the sewer bill owed by the property owner. In addition, the Finance Officer may file a special assessment on the property with the County Auditor’s Office.
(Ord. 36A, passed 4-3-2014)
§ 10.99 GENERAL PENALTY.
Municipalities are authorized to provide for the punishment of each violation of an ordinance, resolution, or regulation with a fine not to exceed $500 or by imprisonment not exceeding 30 days or by both such fine and imprisonment.
Cross-reference:
Administrative penalties, see §§ 10.28 and 10.30
Statutory reference:
Maximum penalty, see SDCL §§ 9-19-3 and 22-6-2(2)
TITLE III: ADMINISTRATION
Chapter
30. GOVERNING BODY
31. OFFICIALS AND ORGANIZATIONS
32. ELECTIONS
33. FINANCES
CHAPTER 30: GOVERNING BODY
Section
General Provisions
30.01 Forms of government
30.02 Classes of municipalities; change of classification
30.03 Vacancies
Organization; Board of Commissioners Form
30.15 Composition
30.16 Qualifications and terms of office
30.17 President
30.18 Vacancies
30.19 Meetings
30.20 Quorum; voting
30.21 General oversight
30.22 Three-Board of Commissioners city
Ordinances and Resolutions
30.35 Style of ordinances; subject
30.36 Readings, passage, and publication
30.37 Effective date of ordinances and resolutions
30.38 Compilation of ordinances
Statutory reference:
Related provisions, see SDCL §§ 9-2-1 through 9-2-3
Related provisions, see SDCL §§ 9-2-1 and 9-2-2
GENERAL PROVISIONS
§ 30.01 FORMS OF GOVERNMENT.
Each municipality shall be governed by a Mayor and Board of Commissioners. A City Administrator may serve with any of the forms of government.
(Prior Code, § 30.001)
§ 30.02 CLASSES OF MUNICIPALITIES; CHANGE OF CLASSIFICATION.
(A) There are three classes of municipal corporations:
(1) First class, with a population of 5,000 or over;
(2) Second class, with a population between 500 and 5,000; and
(3) Third class, with a population of less than 500.
(B) (1) The municipality may change its classification if the territory of the municipality has changed substantially since the last preceding census.
(2) The governing body by resolution may authorize and direct its Clerk to determine the population by filing in his or her office a certificate showing the whole number of persons who voted at the last preceding annual municipal election, which number, multiplied by three, shall constitute the population for the purpose of classification until the next federal census shall have been completed.
(Prior Code, § 30.002)
§ 30.03 VACANCIES.
When a vacancy exists in a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election. There shall not be a special election held to fill a vacancy before the date of the annual municipal election.
(Prior Code, § 30.003)
ORGANIZATION; BOARD OF COMMISSIONERS FORM
§ 30.15 COMPOSITION.
Under the Board of Commissioners form, where a City Administrator is not employed, the Board of Commissioners shall consist of the Mayor and two or four Commissioners elected at large.
(Prior Code, § 30.055)
Statutory reference:
Related provisions, see SDCL § 9-9-1
§ 30.16 QUALIFICATIONS AND TERMS OF OFFICE.
(A) Qualifications. A person shall be eligible to nomination or election as a member of the Board of Commissioners if he or she shall be a citizen of the United States and a resident and voter of the municipality.
(B) Terms of office.
(1) The term of office of the members of the Board of Commissioners including the Mayor, shall be for a term of three years as determined by this chapter.
(2) At the annual election preceding the expiration to the term of office of the Mayor or any Commissioner, a successor shall be elected for a term of three years as determined by this chapter.
(Prior Code, § 30.056)
(Ord. 1.10.01-T, passed 3-24-2011)
Statutory reference:
Related provisions, see SDCL § 9-9-2
§ 30.17 PRESIDENT.
The Mayor shall be President of the Board of Commissioners and shall have a vote upon all questions but shall not have the right of veto.
(Prior Code, § 30.059)
Statutory reference:
Related provisions, see SDCL § 9-9-7
§ 30.18 VACANCIES.
(A) Resignation and vacancies.
(1) If the Mayor or a Commissioner resigns, the resignation shall be submitted in writing to the Board of Commissioners.
(2) If the Mayor or a Commissioner moves his or her permanent residence outside the corporate limits of the municipality, the office is immediately vacated.
(3) If there is a vacancy in the office of Mayor, the vacancy shall be filled by appointment pursuant to SDCL § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in SDCL § 9-13-14.2. A vacancy on the Board of Commissioners shall be filled as provided in SDCL §§ 9-13-14.1 or 9-13-14.2.
(Prior Code, § 30.060)
(B) Procedure to fill vacancies. In case of a vacancy in the office of Mayor, the Board of Commissioners shall appoint by a majority vote of all the members thereof one of its number as acting Mayor, who shall be invested with all the powers and shall perform all the duties of the Mayor, until the election of a Mayor.
(Prior Code, § 30.061)
(C) Acting Mayor during vacancy in office. In case the Mayor is unable to perform the duties of his or her office by reason of absence or sickness, the Board of Commissioners shall appoint by a majority vote of all members thereof one of its members to act in his or her stead, whose official designation shall be acting President of the Board of Commissioners. The Commissioner so appointed shall be invested with all the powers and shall perform all the duties of the Mayor during such absence or sickness.
(Prior Code, § 30.062)
Statutory reference:
Related provisions, see SDCL §§ 9-9-6 and 9-9-8
§ 30.19 MEETINGS.
(A) The Commissioners shall meet on the first and third week of each month in regular session at such time as shall be fixed by the Board of Commissioners at the City Hall or other designated place, to consider, take under advisement, and act upon such business as may come before it.
(B) A special meeting may be called by the Mayor or by any two Commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to SDCL § 1-25-1.1 and shall be provided to each Commissioner.
(C) Each meeting of the Board of Commissioners is open to the public and the Board of Commissioners shall keep a journal of its proceedings.
(Prior Code, § 30.063)
Statutory reference:
Related provisions, see SDCL §§ 9-9-11, 9-9-12, and 9-9-13
§ 30.20 QUORUM; VOTING.
(A) Quorum.
(1) A majority of the Board of Commissioners constitutes a quorum to do business. If a seat on the Board of Commissioners is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining Commissioners who are qualified to serve by election or appointment pursuant to SDCL Chapter 9-13. The Board of Commissioners may compel the attendance of any absentee under penalties as prescribed by ordinance.
(2) No action of the Board of Commissioners is effective unless upon a vote of a majority of the Board of Commissioners.
(B) Recording of votes; entry in journal.
(1) The yeas and nays shall be taken upon the passage of each ordinance and for any proposal to expend or appropriate money and in any other case at the request of any Commissioner.
(2) Each vote shall be entered on the journal of the Board of Commissioner’s proceedings.
(C) Majority vote required. The concurrence of a majority of all the members of the Board of Commissioners shall be necessary to the passage of any such ordinance or proposal.
(D) A two-thirds vote of the Board of Commissioners is required to sell any municipal real property.
(Prior Code, § 30.064)
Statutory reference:
Related provisions, see SDCL §§ 9-9-9, 9-9-14, and 9-9-16
§ 30.21 GENERAL OVERSIGHT.
The Board of Commissioners controls all departments of the city and may make and enforce rules and regulations for the organization, management, and operation of the departments of the city and any agency that may be created for the administration of the Board of Commissioners’ affairs.
(Prior Code, § 30.065)
Statutory reference:
Related provisions, see SDCL § 9-9-9
§ 30.22 THREE-BOARD OF COMMISSIONERS CITY.
The Mayor and Commissioners shall have the following responsibilities.
(A) Mayor’s responsibilities.
(1) The Mayor may exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with the laws of the state.
(2) The Mayor is the chief executive officer of the municipality, presides at all meetings of the Board of Commissioners, and has general supervision over all departments and officers.
(3) In the absence or inability of a Commissioner, the Mayor shall temporarily take charge of the department of that Commissioner.
(4) The Mayor shall enforce all the laws of the municipality and require that the conditions of the grant of any franchise or privilege are faithfully complied with and performed.
(5) The Mayor shall grant all licenses or permits, except as are required by ordinance to be granted by the Board of Commissioners or by some other department or officer.
(6) She or he shall have under her or his special charge the supervision of the Police and Fire Departments, the Public Health Department, and all matters relating to the public welfare of the municipality.
(7) The Mayor shall annually and from time to time give the Board of Commissioners information relative to the affairs of the municipality and shall recommend for the Board of Commissioners’ consideration any measure the Mayor deems expedient.
(B) Commissioner’s responsibilities. All matters not designated to the Mayor shall be assigned or apportioned as equally as may be between the Commissioners by resolution of the Board of Commissioners adopted by a majority vote at the first meeting of the Board of Commissioners in the month following the election each year.
(Prior Code, § 30.066)
Statutory reference:
Related provisions, see SDCL §§ 9-9-20, 9-9-26, and 9-9-27
ORDINANCES AND RESOLUTIONS
§ 30.35 STYLE OF ORDINANCES; SUBJECT.
(A) Ordinances must be in the following style:
(1) An ordinance (insert title);
(2) Be it ordained by the City of Summerset. The substance of the ordinance follows.
(B) Ordinances can only embrace one subject which must be expressed in its title.
(Prior Code, § 30.095)
Statutory reference:
Related provisions, see SDCL §§ 9-19-5 and 9-19-6
§ 30.36 READINGS, PASSAGE, AND PUBLICATION.
(A) All ordinances shall be read twice by title with at least five days between each reading. The ordinances, if passed, shall be signed by the Mayor or acting Mayor or President of the Board of Commissioners, and filed with the Finance Officer.
(B) (1) After being signed and filed, the ordinances must be published at least once in the official newspaper. The only exception to this is that an ordinance incorporating or adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, health, or milk regulations need not be published in newspaper. All that is required is that the Finance Officer publish the fact of adoption once a week for two successive weeks in the official newspaper.
(2) If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to SDCL Chapter 1-25.
(3) The vote on the second reading of all ordinances must be recorded and published.
(C) Amendments to a planning or zoning ordinance may be published without republishing the full ordinance if the section or subsection of the ordinance containing the change is published in its entirety.
(D) Resolutions differ from ordinances in that any resolution may be passed after only one reading. The resolution must be recorded at length either separately or in the minutes of the meeting. The votes for and against the resolution must also be published.
(Prior Code, § 30.096)
Statutory reference:
Related provisions, see SDCL §§ 9-19-7, 9-19-7.1, 9-19-8, 9-19-9, and 11-4-8
§ 30.37 EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.
Unless an ordinance or resolution is drawn to take effect immediately upon passage, all ordinances and resolutions become effective on the twentieth day after passage and publication, unless suspended by operation of a referendum.
(Prior Code, § 30.097)
Statutory reference:
Related provisions, see SDCL § 9-19-3
§ 30.38 COMPILATION OF ORDINANCES.
(A) Municipalities can compile the ordinances of the municipality in book form, provided that while compiling the ordinances they are not revised or amended. The Finance Officer shall furnish a free copy of the newly compiled book to the Circuit Clerk of Court and the County Law Library of each county in which the municipality is situated.
(B) Every municipality also has the power to revise its ordinances once every five years.
(C) Revised ordinances must also be furnished to the Circuit Clerk of Court and County Law Library.
(Prior Code, § 30.098)
Statutory reference:
Related provisions, see SDCL §§ 9-19-15, 9-19-16, and 9-19-17
CHAPTER 31: OFFICIALS AND ORGANIZATIONS
Section
General Provisions
31.001 Grounds for removal
31.002 Vacancies in office
Municipal Officers
31.015 Appointment
31.016 Warrant or certificate of appointment
31.017 Appointed Financial Official
31.018 Finance Officer
31.019 Municipal Attorney
31.020 Municipal Engineer
31.021 Additional duties
31.022 Compatible and incompatible offices
31.023 Salaries and fringe benefits
Police Powers
31.035 General provisions
Planning and Zoning Board
31.050 Creation of Planning Commission
31.051 Membership and terms
31.052 Organization
31.053 Preparation of Comprehensive Plan
31.054 Zoning regulations
31.054 Subdivisions and plats regulations
31.056 Powers and duties
Urban Forestry Board
31.070 Purpose
31.071 Definitions
31.072 Administrative procedures
31.073 Trees
31.074 Storage of wood
31.075 Interference with Parks Department
31.076 Appeals
Parks and Recreation
31.080 City Parks and Recreation Board established
31.081 Definitions
31.082 City Parks and Recreation Board member appointment
31.083 Chairperson. vice chairperson, secretary
31.084 Meetings
31.085 Power and duties
31.086 Park closure
31.087 Rules
31.088 Penalty
31.089 Appeal process
GENERAL PROVISIONS
§ 31.001 GROUNDS FOR REMOVAL.
Any officer may be charged, tried, and removed from office for misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality.
(Prior Code, § 31.15)
Statutory reference:
Related provisions, see SDCL § 3-17-6
§ 31.002 VACANCIES IN OFFICE.
The removal of any municipal officer from the ward or municipality for which the officer was elected or appointed, or the officer’s failure, within ten days after the first meeting of the month following the election or appointment, to qualify and begin the duties of office, causes a vacancy in the office.
(Prior Code, § 31.16)
Statutory reference:
Related provisions, see SDCL § 9-14-10
MUNICIPAL OFFICERS
§ 31.015 APPOINTMENT.
(A) The governing board of municipalities shall appoint such officers as needed and provided for by ordinance.
(B) All appointive officers of a municipality governed by a Mayor and Board of Commissioners shall be appointed by the Mayor with the approval of the Board of Commissioners, and in other municipalities they shall be appointed by a majority vote of the members elected to the governing body, except as provided in the City Manager Law and subject to the provisions of the civil service applying to employees, police officers, and firefighters.
(Prior Code, § 31.01)
Statutory reference:
Related provisions, see SDCL § 9-14-3
§ 31.016 WARRANT OR CERTIFICATE OF APPOINTMENT.
(A) All appointed officers shall be commissioned by warrant, under the corporate seal, signed by the Mayor.
(B) The Mayor shall issue a certificate of appointment under the seal of the municipality.
(Prior Code, § 31.02)
Statutory reference:
Related provisions, see SDCL § 9-14-4
§ 31.017 APPOINTED FINANCIAL OFFICIAL.
The appointed Financial Official shall have the following duties:
(A) Supervising the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit, except that for those municipalities administered under the City Administrator form of government, the supervision will be by the City Administrator;
(B) Drawing and countersigning all warrants, bonds, and other evidences of indebtedness, showing the amount paid, to whom it was paid and for what purpose;
(C) Creating estimates on work to be performed and countersigning all contracts;
(D) Keeping a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the Finance Officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of all lots that are subject to the proposed special tax or assessment and the amount of the special tax or assessment. The schedule shall be verified by the Finance Officer’s affidavit;
(E) Destroying any record which the Records Destruction Board declares to have no further administrative, legal fiscal, research, or historical value;
(F) Safekeeping the corporate seal of the municipality, all papers and records, and the mandatory recording of the proceedings of the governing body; and
(G) Attending meetings of the governing body.
(Prior Code, § 31.03)
Statutory reference:
Related provisions, see SDCL §§ 9-14-17, 9-14-18, 9-14-19, and 9-14-20
§ 31.018 FINANCE OFFICER.
(A) The Finance Officer shall receive all money belonging to the municipality and shall keep accurate records of the money.
(B) The Finance Officer shall perform all other duties as set out in SDCL §§ 9-22-1 et seq.
(Prior Code, § 31.04)
Statutory reference:
Related provisions, see SDCL § 9-22-2
§ 31.019 MUNICIPAL ATTORNEY.
When required by the governing body or any officer of the municipality, the Municipal Attorney shall:
(A) Furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of such officer;
(B) Conduct the prosecution of all actions or proceedings arising out of the violation of any ordinance; and
(C) Perform such other professional services incident to his or her office as may be required by ordinance or directed by the governing body.
(Prior Code, § 31.05)
Statutory reference:
Related provisions, see SDCL § 9-14-22
§ 31.020 MUNICIPAL ENGINEER.
(A) The Municipal Engineer shall be a practical engineer and surveyor. He or she shall keep his or her office somewhere in the municipality.
(B) All surveys, profiles, plans, or estimates are city property and shall be carefully preserved in the office of the Municipal Engineer and shall be open to public inspection.
(Prior Code, § 31.06)
Statutory reference:
Related provisions, see SDCL § 9-14-24
§ 31.021 ADDITIONAL DUTIES.
The governing body is authorized to prescribe by ordinance additional duties not inconsistent with the laws of the state to any municipal officer.
(Prior Code, § 31.07)
Statutory reference:
Related provisions, see SDCL § 9-14-27
§ 31.022 COMPATIBLE AND INCOMPATIBLE OFFICES.
(A) Compatible offices.
(1) No Mayor, Alderman, or Commissioner is disqualified from holding such office in any municipality as a result of holding any liquor license or being the spouse of a person holding any liquor license.
(2) Any Mayor, Alderman, Commissioner may serve in a volunteer, unsalaried municipal position.
(B) Incompatible offices.
(1) No Mayor, Alderman, Commissioner shall hold any other office under the municipality while an incumbent of any such office.
(2) No Clerk may hold the office of Finance Officer in the municipality while an incumbent of such office.
(Prior Code, § 31.01)
Statutory reference:
Related provisions, see SDCL §§ 9-14-16 and 9-14-16.1
§ 31.023 SALARIES AND FRINGE BENEFITS.
(A) The governing body shall fix and determine by ordinance or resolution the amount of salaries and compensation of all municipal officers and the times at which the same shall be paid.
(B) The municipality is authorized to provide the following:
(1) Appropriation of funds to compensate the members of boards and commissions;
(2) Group life, sickness, and accident, or hospitalization and surgical insurance, with the responsibility for administration of these programs with the governing body, either individually or jointly with other governing bodies;
(3) Inclusion in the municipal insurance program of retired employees and officers and their spouses, provided the officer or employee served for at least 15 years and participated in municipal insurance program at least five years immediately preceding retirement; and
(4) Appropriation of necessary funds for the cost of all or any portion of the insurance provided by SDCL § 9-14-30 and the deduction from salaries or wages, the employee’s or officer’s share of the cost of such an insurance program.
(Prior Code, § 31.09)
Statutory reference:
Related provisions, see SDCL §§ 9-12-3.1, 9-14-28, 9-14-33, 9-14-34, and 9-14-35
POLICE POWERS
§ 31.035 GENERAL PROVISIONS.
(A) The Mayor having a Board of Commissioners and each member of the Board of Commissioners shall possess, within the jurisdiction of the municipality, all the powers conferred by law upon Sheriffs to suppress disorder and keep the peace pursuant to SDCL § 9-29-16.
(B) All police officers of this municipality possess the powers of constables and are permitted to execute and serve warrants; pursue and arrest any person fleeing from justice in any part of the state; and arrest and detain any person guilty of any breach of the peace or any violation of the laws of the state or ordinance of the municipality.
(Prior Code, § 33.01)
Statutory reference:
Related provisions, see SDCL § 9-29-19
PLANNING AND ZONING BOARD
§ 31.050 CREATION OF PLANNING COMMISSION.
There is hereby created a City Planning Commission, which shall be referred to as the Planning and Zoning Board.
(Ord. #4, passed 6-7-2007)
§ 31.051 MEMBERSHIP AND TERMS.
The Planning and Zoning Board created under the terms of this subchapter shall consist of not less than five members appointed by the Mayor, and subject to approval by the Board of Commissioners. The term each member shall serve shall be for three years, except when the Planning and Zoning Board is first appointed at which time two members shall be appointed for one year, two members for two years, and one or more members for three years. Thereafter, appointments of each member shall be for terms of three years so that there will be an overlapping of tenure. Alternate members of the Planning and Zoning Board may be appointed by the Mayor and subject to approval by the Board of Commissioners as needed and necessary.
(Ord. #4, passed 6-7-2007)
§ 31.052 ORGANIZATION.
The Planning and Zoning Board shall elect a Chairperson from among its members for a term of one year (with eligibility for re-election) and shall also elect a Vice-Chairperson and Secretary in a manner prescribed by the rules of the members. The Planning and Zoning Board shall hold meetings as necessary to conduct any business as presented for the Board of Commissioner’s review and recommendation. The Planning and Zoning Board shall adopt rules for transaction of its business and keep a record of its resolutions, transactions, findings, and determinations which shall be a public record. The Planning and Zoning Board may contract with planners, engineers, architects, and other consultants for such services as it may require, provided, however, that such appointments and contracts shall be approved by the Board of Commissioners.
(Ord. 4.01A, passed 6-16-2011)
§ 31.053 PREPARATION OF COMPREHENSIVE PLAN.
(A) For the purpose of making a Comprehensive Plan for the development of the town, the Planning and Zoning Board shall make or cause to be made careful and comprehensive studies of present conditions and future growth of the city. The Comprehensive Plan shall be made with the general purpose of guiding and accomplishing a coordinated and harmonious development of the city.
(B) After such Comprehensive Plan has been adopted according to law, no substantial amendment or modification thereof shall be made without such proposed change first being referred to the Planning and Zoning Board for its recommendations.
(Ord. #4, passed 6-7-2007)
§ 31.054 ZONING REGULATIONS.
(A) It shall be a duty of the Planning and Zoning Board to recommend the boundaries of zoning districts and appropriate regulations to be enforced therein, in accordance with the Comprehensive Plan. All applications and proposals for changes in or amendments to the zoning regulations shall first be submitted to the Planning and Zoning Board for its recommendations.
(B) The Board of Commissioners may provide for the Planning and Zoning Board to act as a Board of Adjustment to make special exceptions or grant variances to the terms of the zoning regulations.
(Ord. #4, passed 6-7-2007)
§ 31.055 SUBDIVISION AND PLATS REGULATIONS.
(A) All plans, plats, or re-plats of subdivisions or re-subdivision of land within the jurisdiction of this subchapter shall first be submitted to the Planning and Zoning Board for its recommendation before approval by the Board of Commissioners.
(B) The Planning and Zoning Board shall prepare and recommend to the Board of Commissioners regulations governing the subdivision of land within its jurisdiction. No amendments or changes thereto shall be made without such proposed changes first being referred to the Planning and Zoning Board for its recommendation.
(Ord. #4, passed 6-7-2007)
§ 31.056 POWERS AND DUTIES.
The Planning and Zoning Board, its members, and its employees shall have all powers as may be necessary to enable it to fulfill and perform its functions and to carry out all the purposes and powers provided in SDCL Ch. 11-4 and 11-6, and acts amendatory thereof.
(Ord. #4, passed 6-7-2007)
URBAN FORESTRY BOARD
§ 31.070 PURPOSE.
(A) The city finds and determines that in order to protect existing neighborhoods, promote good design in new areas, and provide for sensitive and compatible infill development in existing commercial areas, the Urban Forestry Board shall be created to review and make recommendations on city tree plans developed, created, or approved by the Parks Department.
(B) The purpose and intent for regulating the planting, removal, and maintenance of trees, bushes, shrubs, and other woody vegetation on public and private property is threefold:
(1) To protect and increase property rights and values;
(2) To enhance and conserve the city’s aesthetic environment and physical characteristics of the land; and
(3) To generally protect and enhance the quality of life and general welfare of the city.
(Ord. 38, passed 1-7-2016)
§ 31.071 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees, shrubs, bushes, and all other woody vegetation in any public park or in area owned by the city.
PERSON. Any person, firm, partnership, association, corporation, company, or organization.
PEST. Any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal growth, or mortality of any tree, shrub, bush, or woody vegetation.
PROPERTY LINE. The outer edge of a street or highway right-of-way and does not pertain to the traveled surface itself.
STREET TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
URBAN FORESTER. A consultant of the Parks Department of the city.
(Ord. 38, passed 1-7-2016)
§ 31.072 ADMINISTRATIVE PROCEDURES.
(A) Board created. There is created and established an Urban Forestry Board which shall consist of five members, citizens and residents of this city, who shall be appointed by the Parks Director. The Urban Forester shall serve as an ex officio member in an advisory capacity of the Urban Forestry Board.
(B) Members, terms, and vacancies. The terms of the five members of the Urban Forestry Board to be appointed by the Parks Director shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year and the term of one member of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. The Parks and Recreation Advisory Board shall after public hearing have authority to remove any member of the Urban Forestry Board for cause, which cause shall be stated in writing and made a part of the record of the hearing.
(C) Compensation. Members of the Board shall serve without compensation.
(D) Officers, quorum, record keeping. The Board shall choose its own officers and shall keep a journal of its proceedings. Three members shall constitute a quorum.
(E) Duties.
(1) It shall be the responsibility of the Board to review and make recommendations on city tree plans developed by the city’s Planning Department and/or the Parks Department.
(2) The Board, when requested by the Board of Commissioners or the city’s Parks Department shall consider, investigate, and make findings, reports, and recommendations upon any special matter or question coming within the scope of its work.
(Ord. 38, passed 1-7-2016)
§ 31.073 TREES.
(A) Street trees.
(1) No street trees shall be planted unless and until the Urban Forester shall have first approved the kind, size, variety, and location thereof, and granted a permit therefor. This permit is in addition to any permit required by Chapter 155 of this code of ordinances. Trees proposed within ten feet of any water, sanitary sewer or drainage system component shall be subject to the approval of the Director of Public Works. The permit shall be issued without charge.
(2) A street tree list and brochure shall be developed by the Urban Forester and approved by the Urban Forestry Board.
(3) Maintenance of street trees shall be the responsibility of the owner of the abutting property.
(4) It is unlawful for any person to top any street tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than six inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical may be topped only with the approval of the Urban Forestry Board.
(5) All stumps of street and park trees shall be cut below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(B) Trees on public property.
(1) The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the public right-of-way and on public grounds, as it may determine.
(2) The city may remove or cause or order to be removed any tree or part thereof which is in unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines, or other public improvements, or is infested with any pest. This section shall not prohibit the planting of street trees by owners of adjacent property provided that the selection and location of the tree is made in accordance with division (A) above.
(C) Trees on private property.
(1) The city shall have the right to inspect and cause the removal of any tree, or any part thereof, on private property within the city if the tree or any part thereof:
(a) Is dead, diseased, or has obvious visible defects; and
(b) Either:
1. Constitutes a hazard to life or property; or
2. Harbors pests which constitute a threat to other trees within the city.
(2) The city shall notify the owner(s) of such trees, in writing, to remove or trim the trees within such reasonable time as shall be determined by the Urban Forester. All tree work shall be arranged and completed at the owner’s expense. In the event of failure of owners to comply with the provisions, the city shall have the authority to remove the trees and charge the cost of removal to the owners or to assess the costs thereof against the property.
(3) Any person claiming an interest in any tree ordered to be removed under division (B)(2) above may appeal the order to the Urban Forestry Board within seven days of the date of the order.
(4) Obvious visible defects include, but are not limited to, dead limbs greater than six inches in diameter, an unseasonable lack of leaves, visible decay, lightning damage, and perilously leaning trunks.
(5) This provision shall not be construed to relieve from liability any party owning land on which a hazardous tree or any part thereof is located for damages to persons or property caused by the hazardous tree. This provision shall not be construed as imposing upon the city any liability or responsibility resulting from damage caused by any tree located on private property, nor shall the city or its employees be held as assuming any liability or responsibility by reason of an authorized inspection under this section.
(D) Requirement for removal of mountain pine beetle-infested trees. Trees infested with mountain pine beetle are declared a public nuisance. If a property contains trees infested with mountain pine beetle, the city shall notify the owner in writing. Infested trees must be removed by the property owner within 60 days after notification. Upon written request, the Director of Parks or her or his designee may provide an extension not to exceed an additional 30 days. Infested trees identified between June 1 and September 1 of any year shall be removed as soon as possible. The city’s Urban Forester shall have discretion to impose a time frame for removal that is less than 60 days for infested trees that are discovered between these dates. If the tree(s) are not removed within the timeframe allowed, the tress may be abated or otherwise removed pursuant to state law and/or Chapter 92. The city may defray the cost of abating or removing this nuisance by taxing the cost thereof by special assessment against the real property on which the nuisance occurred.
(E) Trimming of trees overhanging streets, sidewalks, and alleys. All trees overhanging any city sidewalk shall be kept trimmed so that the space between the sidewalk and the lowest branch overhanging the sidewalk is not less than eight feet. All trees overhanging any street or alley in the city shall be kept trimmed so that the space between the street or alley and the lowest branch overhanging said street or alley is not less than 12 feet.
(Ord. 38, passed 1-7-2016) Penalty, see § 10.99
§ 31.074 STORAGE OF WOOD.
No person shall store or permit the accumulation of any elm wood in the city. No person shall store any tree or part thereof declared to harbor or contain any pest infestation as defined in § 31.071, unless the wood is debarked prior to storage.
(Ord. 38, passed 1-7-2016) Penalty, see § 10.99
§ 31.075 INTERFERENCE WITH PARKS DEPARTMENT.
It is unlawful for any person to prevent, delay, or interfere with the Parks Department or any of its agents engaged in the planting, cultivating, mulching, pruning, spraying, inspecting, or removing of any street trees, park trees, or trees on private grounds, as authorized in this subchapter.
(Ord. 38, passed 1-7-2016) Penalty, see § 10.99
§ 31.076 APPEALS.
Any decision of the Urban Forestry Board may be appealed to the Board of Commissioners within seven days of the decision.
(Ord. 38, passed 1-7-2016)
PARKS AND RECREATION
§ 31.080 CITY PARKS AND RECREATION BOARD ESTABLISHED.
There is hereby created for the City of Summerset a City Parks and Recreation Board consisting of five members from the City of Summerset located within Meade County, South Dakota. The Board of Commissioners may increase the size of the City Park Board to seven members by resolution if the Board of Commissioners determines that given the duties of the Parks and Recreation Board a seven-member board membership would be appropriate.
(Ord. passed 7-31-2019)
§ 31.081 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE. Any automobile, motor truck, motorcycle, house trailer, trailer, moped, ATV, UTV and any vehicle propelled by the power other than muscular.
PARK TREES. Any trees, shrubs, bushes and all other woody vegetation in any public park or in any area owned by the city, subject to the sight distance requirements herein after set forth.
PEST. Any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes damage, abnormal growth, or mortality of any shrub, bush or other woody vegetation.
PROPERTY LINE. The property as platted.
PUBLIC RIGHT-OF-WAY. The entire area between property boundaries which is owned by a government, dedicated to public use, or designated as and publicly maintained, in whole or in part, for such use. RIGHT-OF-WAY includes without limitation the public street, shoulder, gutter, curb, sidewalk, sidewalk area, parking or parking strip, and any other public way.
TOPPING. The severe cutting back of limbs to stubs larger than six inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ord. passed 7-31-2019)
§ 31.082 CITY PARKS AND RECREATION BOARD MEMBER APPOINTMENT.
All members of the Summerset Parks and Recreation Board shall be volunteers confirmed by the City of Summerset Board of Commissioners. The terms of the members shall be three years. If a member resigns or is removed prior to the end of a term, the Board of Commissioners may appoint a replacement member to fulfill the remainder of that term. Terms shall begin on July 1 and terminate three years later on June 30. A person may be reappointed to multiple terms. The City Parks and Recreation Board members shall serve without compensation. In addition to the members of the City Parks and Recreation Board, one member of the Board of Commissioners will be appointed by the Board of Commissioners as liaison to the City Parks and Recreation Board. The appointed Commissioner shall have the right to participate in all discussions but shall only have the right to vote on actions to break a tie.
(A) The City Parks and Recreation Board shall elect from its number a Chairperson and Vice Chairperson to serve for a term of two years or until a successor is elected and qualified, except and unless the said officer so elected is removed from the City Parks and Recreation Board before the end of his or her term. The City Park Board shall also designate a Secretary. The Vice Chairperson shall act in the absence or disability of the Chairperson. In the event of death, retirement or removal of an officer from the City Parks and Recreation Board, a successor shall be elected immediately.
(B) The Secretary of the City Parks and Recreation Board shall keep a record of its proceedings to be made available to any member of the Board of Commissioners for the City of Summerset.
(C) In paying bills and expenses, the City Parks and Recreation Board shall comply with municipal ordinances and state law and coordinate payments through the City Finance Officer. If the City Parks and Recreation Board believes that the budget amounts from the city will be insufficient to meet what it deems is necessary for the duties of the Park Board, it shall be the Chairperson's responsibility to convey the need for supplementation of the budget to the Board of Commissioners prior to the City Parks and Recreation Board undertaking projects or expenses that would exceed the budgeted amounts.
(Ord. passed 7-31-2019)
§ 31.084 MEETINGS.
The City Parks and Recreation Board shall determine the time of its regular meetings and the number, and the City Parks and Recreation Board may hold as many special meetings as it deems proper. At least one-half of the number of Board seats of the City Parks and Recreation Board shall constitute quorum for the transaction of City Parks and Recreation business. An affirmative vote of at least one half of the number of Board positions shall be necessary to authorize any action of the City Parks and Recreation Board. The appointed Board of Commissioners liaison shall not be counted in determining whether a quorum exists. All officers of the City Parks and Recreation Board shall vote on all matters along with other members of the City Parks and Recreation Board. The City Parks and Recreation Board may set the procedures for its meeting and allow park volunteers and others as it sees fit to participate in the meetings. The City Parks and Recreation office shall be located in the Summerset Municipal Building.
(Ord. passed 7-31-2019)
§ 31.085 POWERS AND DUTIES.
The City Parks and Recreation Board shall have all the combined powers and duties that the City Parks and Recreation Board would have separately as provided by the statutes of the State of South Dakota and acts amendatory thereto. The City Parks and Recreation Board shall maintain a five-year plan for possible park projects and improvements to guide the city in development and maintenance of the park properties. The City Parks and Recreation Board may work with nonprofits and other organizations to aid in the improvement to the parks but when doing so will ensure the nonprofit or other entities are not acting on behalf of the city.
(A) The City Parks and Recreation Board shall be under the control and supervision of the Summerset Board of Commissioners and any city funds to be expended for the management or supervision and improvement of the city parks shall be spent only upon the recommendation of the City Parks and Recreation Board as set forth in resolution or minutes of the City Parks and Recreation Board and approval of the Summerset Board of Commissioners. All vouchers submitted for expenditures by the City Parks and Recreation Board at regular or special meetings and then marked approved by the Secretary of the City Parks and Recreation Board and then submitted to the Board of Commissioners of the City of Summerset for its approval or rejection. The City Parks and Recreation Board shall provide funds for its operation and may seek funds through solicitation of donations, by seeking grants, by holding fundraising events, and by other means approved by the City Parks and Recreation Board.
(B) It shall be the duty of the Chairperson of the City Parks and Recreation Board to preside at all meetings of the City Parks and Recreation Board. It shall be the duty of the City Parks and Recreation Board to report to the City of Summerset Board of Commissioners of all actions taken by the City Park Board. Each year, the City Parks and Recreation Board shall present to the City of Summerset Board of Commissioners a budget for the recommended and estimated expenditures for the operation and improvement of the city parks system for the following calendar year.
(C) The City of Summerset Board of Commissioners may, from time to time, prescribe any rules, regulations, and responsibilities of the said City Parks and Recreation Board either by amendment to the title or by resolution. The City Parks and Recreation Board will not enter into any agreement with another municipal organization without the approval of the City of Summerset Board of Commissioners. All existing bylaws and policies and procedures of the City Parks and Recreation Board shall remain in effect until the appointed City of Summerset Board of Commissioners direct otherwise.
(Ord. passed 7-31-2019)
§ 31.086 PARK CLOSURE.
(A) The City of Summerset Board of Commissioners at its discretion may, from time to time, close any or all of the city parks in the City of Summerset to any use or activity whatsoever and prohibit any persons except those authorized by the City of Summerset Board of Commissioners to enter the city parks area. In the event that the City of Summerset Board of Commissioners desires to close any part of the city parks area, it shall pass a resolution specifying the city parks area as being closed and the times it shall be closed.
(B) No person shall enter any city parks area that has been closed by the City of Summerset Board of Commissioners as authorized by this chapter.
(Ord. passed 7-31-2019)
§ 31.087 RULES.
(A) The city parks shall be open to the public from 6:00 a.m. to 10:00 p.m. each day except for extension granted for special events. Any exceptions for special events must be approved by the Park Board and the Summerset Board of Commissioners. Special events include, but are not limited to, weddings, fourth of July events, anniversary parties, and family reunions.
(B) Any pet within the city parks shall be on a leash no longer than 10 feet. Any person or persons bringing a pet within any city parks shall clean up after the pet. No horses or livestock shall be allowed within any city parks except as authorized by the Board of Commissioners for special events.
(C) No fireworks shall be allowed within any city parks except as authorized by the Board of Commissioners.
(D) Any wildlife and/or vegetation, living or dead, located within any city parks shall not be disturbed by any person or any person's pet. All wildlife and vegetation shall be left where found unless removal or alteration has been approved by the City Parks and Recreation Board by established rules or resolution.
(E) No motorized vehicles allowed in the city parks unless authorized by the City Parks and Recreation Board and approved by the Board of Commissioners. City maintenance vehicles are exempt in the performance of their duties.
(F) There will be no open fires in the city parks except the use of the designated grills. No exceptions shall be allowed unless approved by the Board of Commissioners.
(G) There will be no overnight camping in the city parks. Exception may be granted by the Park Board with the approval by the Board of Commissioners.
(H) There will be no alcohol allowed in the city parks unless authorized as a special event by the City Parks and Recreation Board, approved by the Board of Commissioners and provided in compliance with city ordinance and state law.
(Ord. passed 7-31-2019)
§ 31.088 PENALTY.
Any violation of the provisions of this chapter is a Class II misdemeanor punishable by the maximum punishment set forth by the laws of the state of South Dakota pursuant to SDCL 22-6-2. Said punishment may also include payment of any costs and/or restitution authorized by this subchapter and/or state law. See § 10.99.
(Ord. passed 7-31-2019)
§ 31.089 APPEAL PROCESS.
Any person aggrieved by a decision made under this subchapter shall be entitled to have said decision reviewed by the City Parks and Recreation Board, who rendered the decision. If after review, the person is unsatisfied, he or she may appeal the decision to the Board of Commissioners. The process shall be as follows:
(A) An aggrieved person shall first file a written request for review with the Board of Commissioner's representative rendering the decision setting forth the basis for which he or she believes the decision to be in error. The writing shall also include the person's name and mailing address.
(B) Upon receipt of a written request for review, the Board of Commissioner representative shall review his or her decision and mail a written response to the aggrieved person within 20 days.
(C) If the aggrieved is not satisfied with the decision of the Board of Commissioner's representative following review, he or she may file a notice of appeal with the Finance Officer. There shall be a $25.00 fee assessed for filing an appeal, which shall be paid to the Finance Office at the time of filing the notice of appeal.
(D) Upon receipt of a notice of appeal, the Finance Officer shall notify the Board of Commissioners and a public meeting shall be held within 30 days after the date of the appeal was filed. The Board of Commissioners shall provide notice to the person specifying the time, date, and location of the hearing.
(E) The Board of Commissioners may notify the aggrieved person of its decision following the hearing, however, the Board of Commissioners shall issue a written decision to the person within 20 days of the hearing. The Board of Commissioners may affirm or reverse the decision of the City Parks and Recreation Board.
(Ord. passed 7-31-2019)
CHAPTER 32: ELECTIONS
Section
32.01 Ballots
32.02 Required notices
32.03 Special elections
32.04 Local campaign finance ordinances
§ 32.01 BALLOTS.
(A) Preparation of ballots. The Clerk or Finance Officer shall prepare and furnish, at the expense of the municipality, all official ballots. The ballots shall be white in color, of good quality of print paper, printed in black ink, and in the English language only.
(B) Form of ballots. The names of the candidates for each office to be voted for in the precinct shall be arranged without any other designation than that of the office for which they are candidates. If more than one member of the governing body is to be elected, the ballot shall contain instructions as to how many candidates for the governing body are to be voted for. The Clerk or Finance Officer shall determine, by lot, each candidate’s position on the ballot. Each candidate may be present or represented when the position on the ballot is being determined. A square or a circle shall appear at the left of the name of each candidate, and no other square or circle may appear on the ballot. No candidate’s name may be printed upon the official ballot unless the candidate has been nominated as provided in this chapter.
(Prior Code, § 32.01)
Statutory reference:
Related provisions, see SDCL § 9-13-21
§ 32.02 REQUIRED NOTICES.
(A) Municipal officials shall make the following legal publications in the official newspaper in conjunction with municipal elections:
(1) Two notices identifying which vacancies will occur by termination of the terms of office of elective officers, stating the time and place where nominating petitions may be filed. These notices are to be published once each week for two consecutive weeks between January 25 and February 10;
(2) Two notices of the availability of registration officials, stating when registration will be terminated and the effect of a failure to register. The notice must be published at least once each week for two consecutive weeks. The last publication to be not less than ten nor more than 15 days before the deadline for registration; and
(3) Two notices of election, published once each week for two consecutive weeks, the first publication being not less than ten days prior to the election. A facsimile of the official ballot shall be published at least four days prior to each election.
(B) If there is to be a secondary election, a notice of election shall be published once during the week before any secondary election, which shall include a list of all persons appearing on the ballot for the election.
(Prior Code, § 32.02)
Statutory reference:
Related provisions, see SDCL §§ 9-13-6, 9-13-13, and 12-4-5.2
§ 32.03 SPECIAL ELECTIONS.
(A) Special elections shall be held on certain ordinances and initiated measures, and when creating boards and commissions, increasing the tax levy, and/or imposing certain special mill levies in addition to the 27-ml requirement for general purposes.
(B) Special elections are to be held upon the same notice, at the same polling places, be conducted, returned, and canvassed, and the result declared as provided for the annual municipal election. The notice of the special election shall state any question or question to be voted upon.
(Prior Code, § 32.03)
Statutory reference:
Related provisions, see SDCL § 9-13-14
§ 32.04 LOCAL CAMPAIGN FINANCE ORDINANCES.
Any municipality may adopt an ordinance to meet the provisions of SDCL Chapter 12-27 with or without any amendments applicable to municipal elections. Candidates are required to file campaign contributions and expenditure reports.
Statutory reference:
For candidate’s financial interest statements, see SDCL § 12-25-30
Related provisions, SDCL § 12-1-2.1
(Prior Code, § 32.04)
CHAPTER 33: FINANCES
Section
Budget
33.01 Preparation of budget
33.02 Budget ordinance
33.03 Certification of levies
33.04 Supplemental and emergency appropriations
33.05 Disbursement of funds
Tax Levy
33.20 Annual levy
Bids and Contracts
33.35 Contracts authorized
33.36 Interest in contracts
33.37 Performance bonds
33.38 Bidding contracts
33.39 Acceptance of bid
33.40 Exemptions from bidding
Cross-reference:
Storm Sewer Maintenance Fund, see §§ 53.115 through 53.117
BUDGET
§ 33.01 PREPARATION OF BUDGET.
(A) The Finance Officer shall report to the governing body, on or before September 1, an estimate of expenses for the ensuing year and revenue to be raised for the current year. This estimate may contain a line item for contingencies, provided it does not exceed 5% of the total budget.
(B) The annual report shall be prepared with an annual report from the boards and commissions in the municipality.
(Prior Code, § 34.01)
Statutory reference:
Related provisions, see SDCL § 9-22-23
§ 33.02 BUDGET ORDINANCE.
No later than the first regular meeting of the governing body in September, or within ten days thereafter, an annual appropriation ordinance for the ensuing year must be introduced in which it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund.
(Prior Code, § 34.02)
Statutory reference:
Related provisions, see SDCL § 9-21-2
§ 33.03 CERTIFICATION OF LEVIES.
Pursuant to SDCL § 10-12-7, all tax levies must be certified to the County Auditor by the taxing district on or before October 1 of each year.
(Prior Code, § 34.04)
§ 33.04 SUPPLEMENTAL AND EMERGENCY APPROPRIATIONS.
(A) Supplemental appropriation. If no provision in the appropriation is made for the municipality to conduct the indispensable functions of government, the governing body may approve and adopt a supplement appropriation ordinance, provided that it sets out in detail the reason and amount for each appropriation. The procedures to adopt the supplemental appropriation are the same as for the annual appropriation ordinance.
(B) Emergency appropriation. If an event occurs that could not have been reasonably anticipated at the time the annual appropriation was created and adopted, the governing body may order the Mayor or President to borrow, in the name of the municipality and with the attest of the Finance Officer, an amount sufficient to provide for the necessary expense incurred by the emergency event.
(Prior Code, § 34.05)
Statutory reference:
Related provisions, see SDCL § 9-21-15
§ 33.05 DISBURSEMENT OF FUNDS.
For payment of any services or property is allowed, the following must occur:
(A) An itemized invoice must be submitted;
(B) A voucher verified by the appropriate municipal officer attesting that the services have been received or that materials have been received must accompany the itemized invoice; and
(C) The claim for payment of services or property must be itemized and a memorandum of the same must be entered upon the minutes of the meeting of the governing body.
(Prior Code, § 34.06)
Statutory reference:
Related provisions, see SDCL §§ 9-23-1 and 9-23-2
TAX LEVY
§ 33.20 ANNUAL LEVY.
Pursuant to SDCL § 9-21-19, the municipality shall include the annual tax levy in the annual appropriation.
(Prior Code, § 34.20)
BIDS AND CONTRACTS
§ 33.35 CONTRACTS AUTHORIZED.
(A) All contracts into which the municipality enters shall be valid only upon being authorized by a vote of the governing body at a duly assembled meeting.
(B) All contracts of and conveyances by the municipality shall be executed in the name of the municipality by the Mayor or President of the Board of Commissioners, be countersigned by the Clerk, and have the corporate seal attached.
(Prior Code, § 34.30)
Statutory reference:
Related provisions, see SDCL § 9-1-5
§ 33.36 INTEREST IN CONTRACTS.
No elected or appointed official or her or his agent shall be interested in any contract entered into by the municipality pursuant to SDCL § 6-1-1.
(Prior Code, § 34.31)
§ 33.37 PERFORMANCE BONDS.
(A) Whenever any contract for the construction of a public improvement is entered into, the contractor shall furnish surety in an amount not less than the contract price. The contractor shall also guarantee that he or she will promptly pay all persons supplying him or her with labor.
(B) The performance bond may be waived when the bid submitted does not exceed $25,000.
(C) The contractor shall also pay all taxes which may arise under SDCL Ch. 10-46.
(Prior Code, § 34.32)
§ 33.38 BIDDING CONTRACTS.
(A) The municipality must advertise for bids or proposals for the following:
(1) Contracts for any public improvement including the building, altering, repairing, improving, or demolishing of any structure, building, or other improvements of any kind to real property that involves the expenditure of $50,000 or more; and
(2) Contracts for the purchase of supplies or services, other than professional services, which involve the expenditure of $25,000 or more.
(B) The municipality must advertise for bids in the official newspaper at least twice, with the first publication at least ten days before the opening of bids or the deadline for the submission of proposals.
(C) The first publication shall be in the official newspaper and the second publication may be in any legal newspaper in the state.
(D) The advertisement for the bid must state the time and place where the bids will be opened or the deadline for the submission of proposals and that the municipality has the right to reject any or all bids.
(Ord. 1.34A, passed 7-18-2014)
§ 33.39 ACCEPTANCE OF BID.
Unless all bids are rejected, the municipality shall accept the lowest responsible bid.
(Ord. 1.34A, passed 7-18-2014)
§ 33.40 EXEMPTIONS FROM BIDDING.
The municipality is exempt from bidding the following types of contracts:
(A) Purchase of utility services such as electric power, lights, water, or gas;
(B) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration;
(C) Equipment repair contracts;
(D) Purchases of surplus property from another state purchasing agency;
(E) Purchase of an item contained on the state price list, or from any vendor if less than or equal to the state price list, but must be exact same item;
(F) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous 12 months;
(G) Any amendment or change order to an existing contract for construction, reconstruction, or remodeling of a public improvement in accordance with SDCL § 5-18B-19;
(H) Auctions;
(I) If, after advertising for bids, no bids are received;
(J) Emergency purchases;
(K) Purchase of fuel; the municipality must obtain three competitive quotations in this instance which shall be placed on the minutes and retained on file by the governing body; and
(L) Purchases of real property having a particular use or benefit or purchases of supplies or services of a unique nature.
(Ord. 1.34A, passed 7-18-2014)
Statutory reference:
Related provisions, see SDCL §§ 5-18A-8, 5-18A-22(2), 5-18A-22(3), 5-18A-22(4), 5-18A-22(5), 5-18A-22(10), 5-18C-6, and 5-18C-8
TITLE V: PUBLIC WORKS
Chapter
50. SNOW AND ICE REMOVAL ROUTES AND POLICIES
51. DRAINAGE
52. WATER SUPPLY SYSTEMS
53. SANITARY SEWER SERVICE SYSTEM
CHAPTER 50: SNOW AND ICE REMOVAL ROUTES AND POLICIES
Section
50.01 Definitions
50.02 Snow removal declaration
50.03 Snow route restrictions designated
50.04 No parking on snow routes
50.05 Depositing debris in public right-of-way
50.06 Public nuisance
50.07 Removal by owner
50.08 Removal by city; cost
50.09 Notice; assessment
50.10 Filing of assessment
50.11 Certification
50.12 Recovery of cost of removing snow or ice in lieu of assessment against property
Appendix A: Route Map
§ 50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
EMERGENCY SNOW ROUTE. Any streets designated by a clearly marked uniform sign and established as such by resolution.
SECONDARY SNOW ROUTE. All other improved city streets not designated as emergency snow routes.
SNOW REMOVAL ALERT. Such time as announced by Public Works Commissioner on City of Summerset CodeRED Emergency and General Information Community Notification System.
STREET. The entire width of any public roadway within the city, and it shall not be limited to those roadways designated as a STREET, but shall include all other names by which public roadways are designated.
(Ord. 18.2017, passed 2-16-2017)
§ 50.02 SNOW REMOVAL DECLARATION.
Such time the Director of Public Works or his or her designee determines that snow removal from the public streets will commence and declares a snow removal alert.
(Ord. 18.2017, passed 2-16-2017)
§ 50.03 SNOW ROUTE RESTRICTIONS DESIGNATED.
By resolution of the City Commission, the city may designate certain city streets as emergency and secondary snow routes to ensure said streets can be cleared of snow for the safe and orderly flow of traffic and for the health, safety and welfare of the general public.
(Ord. 18.2017, passed 2-16-2017)
§ 50.04 NO PARKING ON SNOW ROUTES.
(A) No person may park or allow to remain parked any vehicle or trailer on any street designated as emergency snow route or secondary snow route during snowfall or prior to the time said street is cleared of snow by the city.
(B) Vehicles or trailers parked on snow routes in violation of this section may be ticketed and/or towed at the owner’s expense. Violations of this chapter shall be subject to the fine established by city resolution.
(Ord. 18.2017, passed 2-16-2017) Penalty, see § 10.99
§ 50.05 DEPOSITING DEBRIS IN PUBLIC RIGHT-OF-WAY.
It is unlawful for any person to shovel or deposit snow or ice, leaves, material, or other substances of any kind and description from private property onto any public street, alley, or public right-of-way. Such conduct or action is declared to be a nuisance.
(Ord. 18.2017, passed 2-16-2017) Penalty, see § 10.99
§ 50.06 PUBLIC NUISANCE.
Snow and ice permitted to gather and remain upon the sidewalks of the city is dangerous to the safety of its citizens and others using said sidewalks and is hereby declared a public nuisance.
(Ord. 18.02, passed 4-19-2018)
§ 50.07 REMOVAL BY OWNER.
The owner or occupant of any building or any lot, parcel or plot of ground fronting or abutting on any sidewalk in the snow removal as hereinafter described, shall clear said sidewalk of snow or ice to the full width of the sidewalk within 24 hours after the same shall have fallen or formed. The Public Works Department of the city may waive this requirement in the event of an extended snowstorm.
(Ord. 18.02, passed 4-19-2018)
§ 50.08 REMOVAL BY CITY; COST.
The Finance Officer shall to cause to be published in the legal section of the official newspaper the requirements of this chapter, which notice shall be published for two weeks after the first meeting of the City Commission in October of each year, which publication shall constitute notification by the property owner of the contents of this chapter. In the event the property owner or person so notified fails to remove the snow or ice as required by the notice prescribed by this section, the Code Enforcement Officer may cause the snow or ice to be removed so that the property is in compliance with this chapter. The actual costs of the removal of the snow, ice and administrative fees may be adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution, which fees shall be assessed upon the lots or parcel of ground fronting or abutting said sidewalk, as provided for in § 50.09 of this chapter.
(Ord. 18.02, passed 4-19-2018)
§ 50.09 NOTICE; ASSESSMENT.
(A) The Code Enforcement Officer shall maintain an accurate account of the amount to be assessed against each lot or parcel of ground subject to assessment pursuant to § 50.08 of this chapter. On or before May 1 of each year, the Code Enforcement Officer shall cause this account to be delivered to the Finance Officer. The Finance Officer shall prepare an estimate of an assessment against such lot, for the removal of snow and ice for the preceding fall and winter and shall submit the same to the City Commission for approval on or before the second meeting in June of each year. The Finance Officer shall prepare a notice of said meeting, which notice shall contain the name of the property owner, the legal description of the property to be assessed and the time and place for hearing. Notice of this meeting shall be given by publishing a true and correct copy of this notice in the official newspaper of the city at least one week prior to the date set for hearing, and further, by mailing a true and correct copy of said notice to the property owner, as shown by the records of the County Assessor, at least ten days prior to the date set for hearing. Said mailing shall be by first-class mail, postage prepaid.
(B) At the time specified in the notice, the City Commission shall meet and, if they find the assessments correct, shall approve the same with or without modification or amendment as they may deem proper.
(Ord. 18.02, passed 4-19-2018)
§ 50.10 FILING OF ASSESSMENT.
Within ten days after such assessment has been approved by the City Commission, the Finance Officer shall make and file a certified copy of the same in the office of the County Treasurer and thereupon, said assessments shall be due and payable to the city, and shall in all respects be considered as special assessments, as provided by statute, and the same shall draw interest at the rate of 10% per annum from the time of said assessment until 30 days after the approval thereof by the City Commission, and thereafter at the rate of 12% per annum.
(Ord. 18.02, passed 4-19-2018)
§ 50.11 CERTIFICATION.
If any of the said assessments are not paid to the city, the Finance Officer shall certify any such delinquent assessments to the County Auditor on or before October 15, and the same proceeding shall be had for the collection of said assessments as are or may hereafter be provided by statute for the collection of special assessments.
(Ord. 18.02, passed 4-19-2018)
§ 50.12 RECOVERY OF COST OF REMOVING SNOW OR ICE IN LIEU OF ASSESSMENT AGAINST PROPERTY.
In lieu of assessing the cost of removing snow or ice from the sidewalks against the abutting property, the City Commission may authorize the City Attorney to recover such costs in a civil action against the owner or occupant of the property abutting such sidewalks.
(Ord. 18.02, passed 4-19-2018)
APPENDIX A: ROUTE MAP
CHAPTER 51: DRAINAGE
Section
General Provisions
51.001 Title and authority
51.002 Purpose
51.003 Interpretation, abrogation, severability
51.004 Purpose of catch heads
51.005 Saving clause
51.006 Disclaimer of liability
51.007 Definitions
Drainage Permits
51.020 Requirement
51.021 Drainage district or coordinated drainage area permits
51.022 Application
51.023 Notification to the Natural Resource and Conservation Service
51.024 Authority of the administrative official to grant drainage permits
51.025 Appeals of decisions
51.026 Hearing
51.027 Significance of application statewide, intercounty, or city/county application
51.028 Evaluation of permit applications
51.029 Conditions
51.030 Notification of Board hearing
51.031 Preservation of landowners’ rights and sovereign immunity
51.032 Expiration of permit
51.033 Compliance with laws or regulations not affected by permit approval
Drainage Districts
51.045 Application for repair work on a drainage district
51.046 City action on maintenance petition
51.047 Application when drainage district extends into more than one city/county
51.048 Abandonment of drainage district
Coordinated Drainage Areas
51.060 Petition
51.061 Hearing and notice
51.062 Election
51.063 Assessment of costs
Drainage Complaints
51.075 Jurisdiction on drainage disputes
51.076 Filing a complaint
51.077 Administrative Official to offer possible resolution/decision
51.078 Hearing
51.079 Appeal
Administration and Enforcement
51.090 Powers and duties
51.091 Right of entry
51.092 Stop order and injunction
GENERAL PROVISIONS
§ 51.001 TITLE AND AUTHORITY.
(A) These regulations shall be referred to as the “drainage ordinance.”
(B) The authority for this chapter is promulgated under SDCL Ch. 46A-10A and 46A-11.
(Ord. 9, passed 1-18-2007)
§ 51.002 PURPOSE.
These regulations shall govern the drainage of water within the incorporated area of the city and are designed to enhance and promote the physical, economic, and environmental management of the county; protect the tax base; prevent inordinate adverse impacts on servient properties; encourage land utilization that will facilitate economical and adequate productivity of all types of land; lessen government expenditure; conserve and develop natural resources; and preserve the important benefits provided by wetlands.
In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of 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, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. All other county regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only. If any section, division, 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.
(Ord. 9, passed 1-18-2007)
§ 51.004 PURPOSE OF CATCH HEADS.
The catch heads appearing with the sections of this chapter are inserted simply for convenience to serve the purpose of an index. The catch heads shall be wholly disregarded by any person, office, court, or other tribunal in construing the terms and provisions of this chapter.
(Ord. 9, passed 1-18-2007)
§ 51.005 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, that may have already accrued or grown out of any regulations repealed.
(Ord. 9, passed 1-18-2007)
§ 51.006 DISCLAIMER OF LIABILITY.
The degree of public and environmental protection offered by this chapter is considered reasonable for regulatory purposes and is based on the best available scientific and engineering considerations. The application of this chapter shall not create liability on the part of the city or any officer or employee thereof.
(Ord. 9, passed 1-18-2007)
§ 51.007 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFICIAL. The Planning Director duly appointed by the Board who is responsible for the administration and enforcement of this chapter.
BENEFITTED AREA. The area within a drainage district or coordinated drainage area that receives the direct benefit from the drainage projects which have been constructed, or are to be constructed, within the district or drainage area.
BOARD. The Board of Commissioners of the City of Summerset, South Dakota.
CONTRACTOR. Any individual, firm, or corporation who performs excavation, grading, construction, or installation work involving a drainage project.
COORDINATED DRAINAGE AREA. A defined geographic area containing one or more parcels of real property and more than one land owner which is established via a public election to provide a planned network or method of natural or human-made drainage and funded through an assessment on the benefitted properties.
DOMINANT ESTATE. Any parcel of real property, usually at a higher elevation, which holds a common law or statutory right to drain water onto other real property.
DRAIN. A means of draining either surface or subsurface water through a system of ditches, pipes or tiles, either natural, human-made, or natural with human-made improvements including:
(1) CLOSED DRAIN. A human-made drain or drainage scheme utilizing pipes, tiles, or other materials and constructed in such a way that the flow of water is not visible;
(2) LATERAL DRAIN. A drain constructed after the establishment and construction of the original drain or drainage system and which flows into such original drain or drainage system;
(3) NATURAL DRAIN. A drainage system on the surface of the ground which operates as part of a natural watercourse; and
(4) SURFACE DRAIN. A human-made drain on the surface of the ground.
DRAINAGE DISTRICT. A drainage area with multiple owners that was established under state law prior to July 1, 1985 in which all planning, construction, and maintenance of the drainage system conform with a master plan for the district and are funded through an assessment on the benefitted acres within the district.
DRAINAGE PROJECT. Any human-made improvements constructed or installed with the intent to drain water.
HYDRIC SOIL. Soil types which are formed under saturated conditions.
HYDROPHITIC VEGETATION. Vegetative types typically adapted for life in saturated soil conditions.
LANDOWNER or OWNER. Any individual, firm, or corporation, public or private, or public agency, which has title to real property as shown by the records of the Register of Deeds. If the real property is sold under a contract for deed and the contract is of record in the office of the Register of Deeds, both the recorded owner of the real property and the purchaser as named in the contract for deed are deemed OWNERS of the real property.
MEANDERED LAKE. Any pond, slough, or lake which has had its boundaries established by metes and bounds in the documents of record or in the survey of public lands by the U.S. government.
PERSON. An individual, firm, partnership, association, corporation, contractor, or any other type of private legal relationship, and any governmental organization, which includes, but is not limited to, any agency of the United States, a state agency, and any political subdivision of the state.
ROUTINE MAINTENANCE. Any maintenance performed on a vested drainage right provided that:
(1) The repair or replacement of a closed or lateral drain does not increase the size, capacity, or length of the existing drain and the original location of the drain are not altered; and
(2) The removal of sediment or vegetation from a natural drain or surface drain with human-made improvements if the maintenance does not exceed the original depth and capacity of the channel, or a depth of one foot, whichever is less, and the original location of the drain are not altered.
SERVIENT ESTATE. Any parcel of real property, usually at a lower elevation, which is subject to a legal right allowing a dominant estate to drain water onto it.
STREAM, INTERMITTENT. A natural drainage channel indicated by a dot and dash blue line on the most recently published USGS seven and one-half-minute quadrangle maps.
STREAM, PERMANENT. A natural drainage channel indicated by a solid blue line on the most recently published USGS seven and one-half-minute quadrangle maps.
VESTED DRAINAGE RIGHT. A right to drain water from one property to another which has been established on the basis of SDCL Ch. 46A-10A or 46A-11A. Any natural right acquired before July 1, 1985 is deemed vested. Drainage with human-made origins or improvements acquired prior to July 1, 1985 is deemed vested if recorded at the office of the Register of Deeds before July 1, 1992. Drainage districts are exempt from the recording requirements.
WATERSHED. The area of land which drains, either directly or indirectly, into a slough, pond, lake, stream, or watercourse.
WETLAND. The areas which have a predominance of hydric soil are inundated or saturated by water for at least 15 days during a growing season, and under normal circumstances support hydrophilic vegetation.
(Ord. 9, passed 1-18-2007)
DRAINAGE PERMITS
§ 51.020 REQUIREMENT.
A drainage permit shall be required prior to commencing the excavation for, or the construction or installation of, a drainage project including, but not limited to, the following:
(A) Construction or installation of a surface or closed drain located within a watershed area of 20 acres or more;
(B) Any draining or filling, in whole or in part, of a pond, wetland, or lake;
(C) Construction of any lateral drain;
(D) Modification of any permitted drainage with the intent of deepening or widening any drainage channel, increasing the size of any drainage tile, or the extending or rerouting any drainage work;
(E) Repairing, replacing, or improving any drain; and
(F) Improvements to a drainage district or a coordinated drainage area which were not included in the original plans.
(Ord. 9, passed 1-18-2007)
§ 51.021 DRAINAGE DISTRICT OR COORDINATED DRAINAGE AREA PERMITS.
Each individual drainage project constructed as a part of a drainage district or coordinated drainage area shall require a separate permit. However, multiple applications may be reviewed as a single project and notification shall be made accordingly.
(Ord. 9, passed 1-18-2007)
§ 51.022 APPLICATION.
(A) (1) Any person required to obtain a drainage permit under this chapter shall file an application and the required filing fee with the city. The application shall be filed on a form provided by the city and shall include the signatures of both the property owner and the contractor.
(2) The applicant shall provide a detailed site plan showing the location of the proposed construction. The site plan shall include a description of the type and size of the drain, and the location of the proposed outlet. Any application for a proposed drainage project which would empty into an existing drainage system shall include a description of the type and general location of the existing system.
(3) If the Administrative Official determines that the application is incomplete or if the information contained therein is insufficient to make an informed decision on the application, the application shall be returned to the applicant for revision. The Administrative Official may also require that the applicant provide a detailed survey prepared by a professional engineer or surveyor. The applicant shall also provide copies of the complete application to other affected cities/counties if the application be determined to be of statewide, intercounty, or city significance.
(B) (1) If the Administrative Official is authorized to grant the drainage permit, the permit application fee shall be as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(2) If drainage work is performed without first obtaining a required permit, in addition to any permit fees, and inspection fee of $500 shall be charged in order to cover any additional expenses to the city.
(Ord. 9, passed 1-18-2007)
§ 51.023 NOTIFICATION TO THE NATURAL RESOURCES AND CONSERVATION SERVICE.
The Administrative Official shall provide a copy of all drainage permit applications to the USDA Natural Resource and Conservation Service.
(Ord. 9, passed 1-18-2007)
§ 51.024 AUTHORITY OF ADMINISTRATIVE OFFICIAL TO GRANT DRAINAGE PERMITS.
(A) The Administrative Official shall have the authority to grant or deny a drainage permit for the following projects. All other drainage permit applications shall be addressed by the Board:
(1) A proposed drainage project which outlets directly into Box Elder Creek as delineated on the most recently published USGS seven and one-half minute topographic maps;
(2) A proposed drainage project which outlets directly into a permanent or intermittent stream not listed in division (A)(1) above. The applicant shall notify property owners by certified mail for at least one-half mile downstream of the proposed outlet and adjacent landowners upstream of proposed inlet of the date, place, and time of the open meeting for public comment;
(3) A proposed drainage project which does not outlet into a permanent or intermittent stream. The applicant shall notify property owners by certified mail for at least one-half mile downstream of the proposed outlet and adjacent landowners upstream of proposed inlet of the date, place, and time of the open meeting for public comment;
(4) A proposed drainage project which outlets directly or indirectly into a public or private road right-of-way provided the appropriate authority has granted approval to drain into the right-of-way. The applicant shall notify property owners by certified mail for at least one-half mile downstream of the proposed outlet and adjacent landowners upstream of proposed inlet of the date, place, and time of the open meeting for public comment; and
(5) Routine maintenance.
(B) The Administrative Official shall have the authority to require notification to other landowners if the potential impact of the proposed drainage extends a distance greater than one-half mile downstream.
(C) A permit approved by the Administrative Official shall not become effective until after five working days following the approval, except for a permit for routine maintenance which shall become effective upon approval.
(D) The Administrative Official shall not have the authority to grant a drainage permit for a proposed project which would have intercounty or interstate significance.
(Ord. 9, passed 1-18-2007)
§ 51.025 APPEALS OF DECISIONS.
Any decision of the Administrative Official may be appealed to the Board. The applicant or any person aggrieved by a decision shall file a written appeal with the Administrative Official within five working days of the Official’s decision. Upon such filing, the Administrative Official shall forward the appeal to the Board.
(Ord. 9, passed 1-18-2007)
§ 51.026 HEARING.
Following notification in accordance with § 51.030, the Board shall conduct a public hearing on a drainage permit application or the appeal of an administrative decision.
(Ord. 9, passed 1-18-2007)
§ 51.027 SIGNIFICANCE OF STATEWIDE, INTERCOUNTY, OR CITY/COUNTY APPLICATION.
(A) When an application is determined to be of statewide, intercounty, or city or county significance, the Board of Commissioners or County Commission or Drainage Board of each city or county affected shall make a determination on whether the permit shall be granted. Following notification in accordance with § 51.030, the Board shall conduct a public hearing on such application. Approval by all affected city or county is required for permit approval. In the event that one of the commissions or boards is aggrieved by the decision, the aggrieved city or county may petition the State Water Management Board for assistance in accordance with SDCL §§ 46A-10A-9.1 through 46A-10A-9.5.
(B) In determining whether the proposed drainage is of statewide, intercounty, or city or county significance, the Board may consider the following criteria:
(1) Proposed drainage would affect property owned by the state or its political subdivisions;
(2) Proposed drainage of lakes having recognized fish and wildlife values;
(3) Proposed drainage or partial drainage of a meandered lake;
(4) Proposed drainage which would have a substantial effect on another county; and
(5) Proposed drainage which would convert previously non-contributing areas (based on 25- year rainfall event -4%) into permanently contributing areas.
(Ord. 9, passed 1-18-2007)
§ 51.028 EVALUATION OF PERMIT APPLICATIONS.
At a minimum, the following factors shall be considered in evaluating the impact of a proposed drainage project:
(A) Flood hazards, floodplain values;
(B) Erosion potential;
(C) Water quality and supply;
(D) Agricultural production;
(E) Environmental quality;
(F) Aesthetics;
(G) Fish and wildlife values; and
(H) Considerations of downstream landowners and the potential adverse effect thereon including consideration of the following criteria:
(1) Uncontrolled drainage into receiving watercourses which do not have sufficient capacity to handle the additional flow and quantity of water shall be considered to have an adverse effect;
(2) Whether drainage is accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or, in the absence of a practical natural drain, a reasonable artificial drain system is adopted;
(3) The amount of water proposed to be drained;
(4) The design and other physical aspects of the drain; and
(5) The impact of sustained flows.
(Ord. 9, passed 1-18-2007)
§ 51.029 CONDITIONS.
Conditions may be attached to a drainage permit to ensure that the proposed drainage is accomplished in accordance with the purposes of this chapter.
(Ord. 9, passed 1-18-2007)
§ 51.030 NOTIFICATION OF BOARD HEARING.
(A) The degree of notification for a hearing by the Board shall be based on the location of the proposed outlet and the type of water body into which the outlet will discharge. Notification shall be made as indicated in division (B) below.
(B) Prior to the Board hearing, the Administrative Officer shall provide notice of the hearing by mail to all downstream landowners for at least one-half mile of the outlet of the proposed drainage project.
(C) The notice shall be mailed at least 14 days prior to the hearing date. The city may recover any notification costs from the applicant.
(Ord. 9, passed 1-18-2007)
§ 51.031 PRESERVATION OF LANDOWNERS’ RIGHTS AND SOVEREIGN IMMUNITY.
The granting or denial of a drainage permit shall in no way affect the legal rights which may otherwise exist between a landowner and any other property (dominant or servient estate). The city, in considering permit applications, shall be protected by the Doctrine of Sovereign Immunity and shall not be subject to any cause of action or claim brought by any person alleging an impact caused by the water which is the subject of the permit application.
(Ord. 9, passed 1-18-2007)
§ 51.032 EXPIRATION OF PERMIT.
A drainage permit shall expire and become null and void if the authorized construction is not commenced within 365 days of the effective date of the permit.
(Ord. 9, passed 1-18-2007)
§ 51.033 COMPLIANCE WITH LAWS OR REGULATIONS NOT AFFECTED BY PERMIT APPROVAL.
A permit approved under the provisions of this chapter shall in no way remove any responsibility on the part of any landowner, tenant, or contractor to comply with all applicable local, state, or federal laws or regulations.
(Ord. 9, passed 1-18-2007)
DRAINAGE DISTRICTS
§ 51.045 APPLICATION FOR REPAIR WORK ON A DRAINAGE DISTRICT.
(A) In the event that maintenance is required in a drainage district in which three or more landowners have voluntarily contributed to the cost of previous maintenance, at least 60% of the resident landowners served by the drain may file a petition with the city requesting the Board to take action regarding the necessary repairs.
(B) Such petition shall include a map which shows the boundaries of the benefitted area of the district in which assessments will be made to cover the cost of the proposed work, the official name or number of the district, the initial and terminal points and general or exact course of the drain, a description of the proposed maintenance, a site plan showing the location of the maintenance, and a statement that the owners agree to future maintenance and assessment of the drain by the Board.
(C) All maintenance work and assessments shall be completed in accordance with SDCL Ch. 46A-10A and 46A-11.
(Ord. 9, passed 1-18-2007)
§ 51.046 CITY ACTION ON MAINTENANCE PETITION.
Upon receipt of a petition to maintain an existing drainage district, the Board shall set a date for a public hearing upon the request. The hearing shall be held within 30 days of the receipt of the petition. Any interested person may appear at the hearing in regard to the petition.
(Ord. 9, passed 1-18-2007)
§ 51.047 APPLICATION WHEN DRAINAGE DISTRICT EXTENDS INTO MORE THAN ONE CITY/COUNTY.
When the drainage district extends into more than one city/county, the application shall be made to the city/county which had jurisdiction over the original drainage district. If the original city/county with jurisdiction is unknown, application for repair work shall be made to city or all counties affected.
(Ord. 9, passed 1-18-2007)
§ 51.048 ABANDONMENT OF DRAINAGE DISTRICT.
Any drainage district established prior to July 1, 1985 may be abandoned and abolished after a petition has been filed with the city by not less than 25% of the drainage district property owners. The petition shall include the name of the drainage district. The Board shall publish notice and hold a hearing in conformance with SDCL Ch. 46A-10A. If less than a majority of drainage district owner’s petition for the abandonment of a drainage district, the Board shall schedule an election in accordance with SDCL § 46A-10A-43 at which the property owners within the district shall decide the fate of the district.
(Ord. 9, passed 1-18-2007)
COORDINATED DRAINAGE AREAS
§ 51.060 PETITION.
When the landowners of an area propose to develop a coordinated network of drainage projects, a petition shall be filed with the city requesting the formation of a coordinated drainage area. The petition shall be signed by not less than 25% of the landowners within the area and shall conform to the requirements set forth in SDCL § 46A-10A-49. The petition shall include an accurate survey and map verified by a licensed surveyor which shows the boundaries and area of land included within the limits of the proposed coordinated drainage area. The petition shall also detail the type or types of drainage projects that will be included in the proposed area. The Board shall place the proposed coordinated drainage area map in a convenient public office for at least 20 days for examination by those having an interest in the application and shall set a date for a hearing on the petition.
(Ord. 9, passed 1-18-2007)
§ 51.061 HEARING AND NOTICE.
(A) The Board, after publishing notice of the hearing, shall hold a hearing on the proposed coordinated drainage area at which any interested person may appear. If the Board is satisfied that the proposed drainage area is in the public interest and that all requirements of SDCL Ch. 46A-10A have been met, it may approve the creation of the coordinated drainage district pending the assent of a majority of the landowners within the drainage area at an election to be held within one month of the hearing. However, if the landowners signing the petition represented a majority of the resident landowners in the proposed district, no election need be held.
(B) The Board, prior to holding a hearing on a petition to establish a coordinated drainage area, shall publish notice of the hearing in a newspaper of general circulation in the area affected. The notice shall be published at least 14 days in advance of the hearing date.
(Ord. 9, passed 1-18-2007)
§ 51.062 ELECTION.
(A) Any election regarding a coordinated drainage area shall be held in conformance with SDCL §§ 46A-10A-50 through 46A-10A-54.
(B) The Board shall give ten days’ notice of an election by publication in an official newspaper in the proposed coordinated drainage area. The vote shall be taken by ballot in a form provided by the Board. The ballot shall include the question on whether a coordinated drainage area should be established and a note informing voters that all costs of the drainage area will be paid by the landowners within the area.
(C) Establishment of the area shall be effective upon the approval of a majority of landowners within the district.
(D) If a majority vote against the establishment of the drainage area, no further proceedings may be taken on a similar request for a period of two years.
(Ord. 9, passed 1-18-2007)
§ 51.063 ASSESSMENT OF COSTS.
All costs associated with the coordinated drainage area shall be paid by the landowners within the district. The city may perform necessary construction and/or maintenance and recover the costs by assessing the benefitted landowners within the coordinated drainage area.
(Ord. 9, passed 1-18-2007)
DRAINAGE COMPLAINTS
§ 51.075 JURISDICTION ON DRAINAGE DISPUTES.
Any landowner may take a drainage dispute directly to circuit court. However, pursuant to SDCL § 46A-10A-34, the Board may address any drainage disputes in the incorporated area of the city. The Board may provide that certain types or categories of drainage disputes will not be heard by the Board and must be taken directly to circuit court.
(Ord. 9, passed 1-18-2007)
§ 51.076 FILING A COMPLAINT.
Any landowner in the city or county may file a drainage complaint by setting forth the facts of the drainage dispute in writing and submitting it to the Administrative Official. The complaint shall include the name and address of the complainant, the location of the property which has suffered or may suffer damage, and the location of the property against which the complaint is being registered. When possible, the complaint should detail the type and location of work and when the work occurred. The Board may require that a drainage dispute include expert reports from a professional engineer or surveyor.
(Ord. 9, passed 1-18-2007)
§ 51.077 ADMINISTRATIVE OFFICIAL TO OFFER POSSIBLE RESOLUTION/DECISION.
(A) Upon receipt of a drainage complaint, the Administrative Official shall make an investigation of the facts, offer a recommendation for resolution to the parties involved, and, if requested by any affected party, forward the complaint to the Board for a hearing.
(B) The Board shall make a determination whether they will accept jurisdiction over the particular type or category of drainage which is set forth in the complaint. If the Board does not accept jurisdiction, the dispute may be taken to circuit court.
(C) If the Board does accept jurisdiction, a date for a public hearing on the drainage complaint shall be set.
(Ord. 9, passed 1-18-2007)
§ 51.078 HEARING.
When a hearing has been scheduled, the Board shall notify all affected parties of the date and time for the hearing. Any interested individual shall have the opportunity to appear and be heard. The Board may make a decision regarding the drainage dispute at the hearing, may defer the item pending additional information from either of the disputing parties, or may hold additional hearings on the dispute.
(Ord. 9, passed 1-18-2007)
§ 51.079 APPEAL.
Any affected party may appeal the Board’s decision on a drainage dispute to circuit court.
(Ord. 9, passed 1-18-2007)
ADMINISTRATION AND ENFORCEMENT
§ 51.090 POWERS AND DUTIES.
The Administrative Official is hereby authorized and directed to enforce all the provisions of this chapter and establish rules for its administration. The Administrative Official may designate technical officers and/or inspectors or other employees who shall be authorized to assist in the administration and enforcement of this chapter.
(Ord. 9, passed 1-18-2007)
§ 51.091 RIGHT OF ENTRY.
(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Administrative Official or an authorized representative has reasonable cause to believe that there exists upon any premises a violation of this chapter, the Administrative Official or an authorized representative may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Official by this chapter, provided that if such property be occupied, the Administrative Official shall first present proper credentials and request entry; and if such property be unoccupied, the Administrative Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry. If such entry is refused, the Administrative Official or an authorized representative shall have recourse to every remedy provided by law to secure entry.
(B) When the Administrative Official or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any property shall fail or neglect, after proper request is made as herein provided, to promptly permit entry thereon by the Administrative Official or an authorized representative for the purpose of inspection and examination pursuant to this chapter.
(Ord. 9, passed 1-18-2007)
§ 51.092 STOP ORDER AND INJUNCTION.
Whenever any work is being done contrary to the provisions of this chapter, the Administrative Official may order the work stopped by notice in writing served on any persons engaged in or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Administrative Official to proceed. In the event of a violation or threatened violation of this chapter, the Board may institute injunction or other appropriate action or proceedings, in addition to other remedies, to prevent the unlawful construction or use of any drainage work.
(Ord. 9, passed 1-18-2007)
CHAPTER 52: WATER SUPPLY SYSTEMS
Section
General Provisions
52.01 Municipal authority
52.02 Real property in adjoining states
52.03 Emergency contract for repair or replacement
52.04 Contract for waterworks system; maximum tax levy
52.05 Special assessments governed by provisions for sewer assessments
52.06 Connection from water main to lot line
52.07 Classification of water pipes and mains
52.08 Distance between water connections
Purchase of Pipes and Mains
52.25 Financed by special assessments; protest by property owners
52.26 Notice, hearing, and action
52.27 Competitive bids
52.28 Acquisition of water mains in newly annexed area
Water Service
52.45 Municipal artesian wells authorized
52.46 Operation of irrigation system; assessments and regulation of use
52.47 Providing of service for rural water system; purchase of facilities
52.48 Certain matters negotiable for contract between parties
52.49 Connection of plumbing fixtures; purchase/lease of preexisting private wells
GENERAL PROVISIONS
§ 52.01 MUNICIPAL AUTHORITY.
(A) (1) The municipality shall construct, establish, operate, and maintain a system of waterworks and facilities and may regulate the distribution and use of the supplied thereby.
(2) It shall have the authority to assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by SDCL Title 9. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year.
(3) The municipality shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to SDCL Chapter 9-19.
(B) The municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.
(Prior Code, § 50.01)
Statutory reference:
Related provisions, see SDCL § 9-47-1
§ 52.02 REAL PROPERTY IN ADJOINING STATES.
The municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes.
(Prior Code, § 50.02)
Statutory reference:
Related provisions, see SDCL § 9-47-2
§ 52.03 EMERGENCY CONTRACT FOR REPAIR OR REPLACEMENT.
(A) Wherever in the municipality the emergency specified in SDCL § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in SDCL §§ 9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.
(B) Any contract entered into as provided by this section shall be as binding and have the same force and effect as if it were let in all particulars as provided by the state law relating to municipality contracts.
(Prior Code, § 50.03)
Statutory reference:
Related provisions, see SDCL § 9-47-3
Replacement or repair required by unanticipated event, see SDCL § 9-21-15
§ 52.04 CONTRACT FOR WATERWORKS SYSTEM; MAXIMUM TAX LEVY.
When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.
(Prior Code, § 50.04)
Statutory reference:
Related provisions, see SDCL § 9-47-4
§ 52.05 SPECIAL ASSESSMENTS GOVERNED BY PROVISIONS FOR SEWER ASSESSMENTS.
When the expense in connection with the waterworks system is raised by special assessments, such assessments shall be levied and collected in the manner provided SDCL Chapter 9-43.
(Prior Code, § 50.05)
Statutory reference:
Related provisions, see SDCL § 9-47-5
§ 52.06 CONNECTION FROM WATER MAIN TO LOT LINE.
To provide for the laying of water connections from the municipality water mains to the lot line, the municipality shall assess the cost against the abutting property owner.
(Prior Code, § 50.06)
Statutory reference:
Related provisions, see SDCL § 9-47-6
§ 52.07 CLASSIFICATION OF WATER PIPES AND MAINS.
Water pipes or mains are classified as:
(A) Service pipe or main. One designed to supply water to the property abutting upon the particular street or way in which it is laid;
(B) Supply pipe or main. Any pipe, ditch, flume, conduit, or other appliance designed to conduct a supply of water from its source to the municipality; and
(C) Trunk pipe. One designed to supply water to the property abutting upon the street or way in which it is laid and to other pipes or mains in a defined district or portion of the municipality.
(Prior Code, § 50.08)
Statutory reference:
Related provisions, see SDCL § 9-47-8
§ 52.08 DISTANCE BETWEEN WATER CONNECTIONS.
No more than one water connection shall be made for each platted lot or for each 44 feet of frontage of unplatted ground in the residence section, and for each 22 feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of water connections at a less number of feet.
(Prior Code, § 50.09)
Statutory reference:
Related provisions, see SDCL § 9-47-18
PURCHASE OF PIPES AND MAINS
§ 52.25 FINANCED BY SPECIAL ASSESSMENTS; PROTEST BY PROPERTY OWNERS.
The purchase authorized may be financed by assessing such cost to the property fronting or abutting upon the water pipe or main so purchased in the same manner as provided for construction of service sewers, except that in the event the owners of a majority of the real property fronting or abutting thereon prior to such resolution becoming effective file a written protest against a purchase by special assessment, the governing body shall not have power to purchase the same in that manner.
(Prior Code, § 50.27)
Statutory reference:
Related provisions, see SDCL § 9-47-13
§ 52.26 NOTICE, HEARING, AND ACTION.
(A) When the adoption of a resolution to purchase a private water pipe or main in the manner provided in§ 52.25 shall be proposed to the governing body of the municipality, notice of the proposed passage of same shall be given by publication once each week for two successive weeks.
(B) Such notice shall contain the text of the proposed resolution, and shall state the time and place when and where any interested party may make objection to such purchase.
(C) Such hearing shall be held not less than ten nor more than 20 days after the final publication of such notice.
(D) After such hearing, the governing body may adopt or reject such resolution and, in the event of approval, may proceed to effect such purchase accordingly.
(Prior Code, § 50.29)
Statutory reference:
Related provisions, see SDCL § 9-47-14
§ 52.27 COMPETITIVE BIDS.
When a purchase of pipes and mains is made pursuant to §§ 52.25 and 52.26, competitive bids are not required.
(Prior Code, § 50.30)
Statutory reference:
Related provisions, see SDCL § 9-47-15
§ 52.28 ACQUISITION OF WATER MAINS IN NEWLY ANNEXED AREA.
The municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease, or otherwise acquire from the owners thereof, or condemn under provision of subdivision SDCL § 9-12-1(2), any water main or mains laid in, on, or under any street or alley or otherwise located in any municipality, district, or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
(Prior Code, § 50.32)
Statutory reference:
Related provisions, see SDCL § 9-47-17
WATER SERVICE
§ 52.45 MUNICIPAL ARTESIAN WELLS AUTHORIZED.
The municipality, if it chooses, may establish and maintain a municipal artesian well.
(Prior Code, § 50.45)
Statutory reference:
Related provisions, see SDCL § 9-47-20
§ 52.46 OPERATION OF IRRIGATION SYSTEM; ASSESSMENTS AND REGULATION OF USE.
The municipality shall operate and maintain a system of irrigation within the municipality and to assess the cost thereof against abutting or benefitted property in the manner provided by the provisions of this chapter relating to special assessments, if a connection with an irrigation water supply system is available; but if not available, the providing of a means of a water supply for irrigation shall be first authorized at a regular or special election and to regulate the distribution and use of water supplied for irrigation.
(Prior Code, § 50.46)
Statutory reference:
Related provisions, see SDCL § 9-47-21
§ 52.47 PROVIDING OF SERVICE FOR RURAL WATER SYSTEM; PURCHASE OF FACILITIES.
(A) Request for rural water system within three miles of municipality. If a rural water system is requested after July 1, 1989 to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. Within 60 days from the receipt of such notice, the municipality may elect to provide water service to such person. If the municipality does not so elect, the rural water system may provide such service.
(Prior Code, § 50.47)
(B) Municipality to provide service after previously declining.
(1) If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to division (A) above, and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person.
(2) The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a 30-year straight-line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of 5% of the gross revenues received from the sale of water service to such person during the five-year period.
(3) Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.
(Prior Code, § 50.48)
(C) Providing services; purchase of facilities. If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be as set forth in division (B) above.
(Prior Code, § 50.49)
(D) Service to persons within extended areas. If the three-mile area referred to in division (C) above is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three-mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to division (B) above. The provisions of division (A) above are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.
(Prior Code, § 50.50)
(E) Election to provide service to those outside three-mile area. If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to division (B) above.
(Prior Code, § 50.51)
Statutory reference:
Related provisions, see SDCL §§ 9-47-22, 9-47-23, 9-47-24, 9-47-25, and 9-47-26
§ 52.48 CERTAIN MATTERS NEGOTIABLE FOR CONTRACT BETWEEN PARTIES.
The provisions of SDCL §§ 9-47-22 through 9-47-26, inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may determine.
(Prior Code, § 50.52)
Statutory reference:
Related provisions, see SDCL § 9-47-27
§ 52.49 CONNECTION OF PLUMBING FIXTURES; PURCHASE/LEASE OF PREEXISTING PRIVATE WELLS.
(A) Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premises used for human occupancy if the property line of the premises is within 200 feet of the system.
(B) A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners any preexisting private wells located within the municipality. The provisions of this section do not apply to municipalities of the first class.
(C) Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
(Prior Code, § 50.53)
Statutory reference:
Related provisions, see SDCL § 9-47-28
CHAPTER 53: SANITARY SEWER SERVICE SYSTEM
Section
General Provisions
53.001 Definitions
53.002 City sewer system; supervision
53.003 Duties
53.004 When connection required
53.005 Unsanitary deposits prohibited
53.006 Disposal of wastewater to storm sewers or natural outlet prohibited
53.007 Private wastewater disposal systems and the like prohibited
53.008 Responsibility; breakage of lines
53.009 Right of entry
53.010 Right to information
53.011 Entry onto certain easements
53.012 Damage; disorderly conduct
Building Sewers and Connections
53.025 Authority to use, alter or make connection
53.026 Building sewer permit; classes
53.027 Responsibility for cost; indemnification of city
53.028 Separate connections; adjoining properties
53.029 Use of existing building sewers for new buildings
53.030 Technical specifications
53.031 Building sewer elevation
53.032 Inspection
53.033 Excavations
53.034 Abandoned sewer lines
53.035 Connections outside city
53.036 Extension of public infrastructure to accommodate individual service connections
Sanitary Sewer System Use Regulations
53.050 Prohibited drainage in sanitary sewers
53.051 Storm sewers and natural outlets
53.052 Discharges prohibited into public sewers
53.053 Limited discharges in public sewers
53.054 Discretionary authority of Director
53.055 Interceptors
53.056 Drains in public garages and wash racks
53.057 Pretreatment or flow equalization
53.058 Manholes
53.059 Information needed for compliance
53.060 Sampling and testing
53.061 Special arrangements
Service Charges
53.075 Purpose
53.076 Determining the total annual cost of operation and maintenance
53.077 Sewer tap permit
53.078 Sewer tap fees
53.079 Sewer connection fees
53.080 Industrial waste permit fees
53.081 Sewer use charge
53.082 Wastewater treatment system service fee
53.083 Wastewater treatment repair and maintenance fee
53.084 Billing
53.085 Property owner service fee responsibility
53.086 Wastewater customers outside the city limits
Private Wastewater Disposal
53.095 Private disposal
53.096 Bulk users
53.097 Permit
53.098 Inspection
53.099 Compliance with state and county requirements
53.100 Sewer connections; availability of public sewer
53.101 Operation and maintenance
53.102 Additional requirements
Storm Sewer Maintenance Fund
53.115 Generally
53.116 Purpose
53.117 Storm sewer maintenance fee assessment
53.999 Penalty
GENERAL PROVISIONS
§ 53.001 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
APPROVING AUTHORITY. The Director of Public Works or his or her duly authorized deputy, agent or representative.
BEDROCK. Solid rock underlying soil and loose rock fragments or locally exposed at the surface.
BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C. expressed in milligrams per liter.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.
BUILDING SEWER (HOUSE CONNECTION or SERVICE SEWER). The extensions from the building drain to the public sewer or other place of disposal.
CLEAN WATER ACT. The Federal Water Pollution Control Act, Public Law 92-500, also known as the Clean Water Act, including all amendments thereto.
COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
DIRECTOR. The Director of Public Works of the city, or his or her authorized deputy, agent or representative.
DOMESTIC SEPTAGE. Septage generated from domestic wastewaters.
DOMESTIC WASTEWATER. Water-carried wastes from dwellings or wastewaters which are similar in physical, biological and chemical characteristics.
EASEMENT. An acquired legal right for the specific use of land owned by others.
EPA. The United States Environmental Protection Agency.
FLOATING OIL. Oil, fat or grease in a physical state such that it can be separated by gravity from wastewater in an approved pretreatment facility.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
GROUNDWATER. The water below the earth surface which occupies the pore spaces in the saturated zone of a geologic stratum.
HAZARDOUS WASTES. Liquid wastes from generators containing materials or exhibiting specific properties identified in 40 C.F.R. part 261.
HOLDING TANK. A watertight, covered receptacle which is designed to receive and store wastewater and is accessible for periodic removal of its contents.
INDUSTRIAL USER. Any commercial, institutional or industrial operation that introduces industrial wastewaters into the city’s wastewater facilities.
INDUSTRIAL WASTE. The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
INTERFERENCE. Such disruption of the collection, treatment or sludge disposal processes or causes the city to violate its national pollutant discharge elimination system permit or which causes the accumulation of toxic metals or other substances in the sludge disposal areas.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. The permit issued by EPA to the city which establishes water quality standards for the effluent of the city’s treatment facilities as authorized by the Clean Water Act.
NATURAL OUTLET. Any outlet including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
OWNER. The person owning the lot, parcel of land, building or premises connected to and discharging wastewater into the wastewater system of the city, and who is legally responsible for the payment of sewer service charges made against the lot, parcel of land, building or premises.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams contained in one liter of solution.
PREMISES. All the parcels of land included in the city in a single assessor’s parcel number.
PROJECT TYPES.
(1) EXPANSION/ECONOMIC DEVELOPMENT. A project which extends sewer infrastructure to provide service for new developments.
(2) IMPROVEMENT. A project which provides for increased capacity, or improved efficiency to existing systems. This type of project is located within the existing city service area or corporate limits.
(3) REPLACEMENT. A project which replaces or repairs existing infrastructure with similar components having more or less the same capacity as the original.
(4) SERVICE AREA. The geographic area in which the city currently provides an actual service. This contrasts with a planning service area in which the city may provide service in the future.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
PUBLIC SEWER. A sewer located in publicly-owned land or easements and controlled by the city.
SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SEPTAGE. A mixture of liquids and solid materials removed from a septic tank, portable toilet, recreational vehicle holding tank, Type III marine sanitation device, or similar system. The contents of vault privies and substances such as grease trap residues, interceptor residues, and grit and screenings are not included in this definition of septage.
SEPTIC TANK. A watertight, accessible, covered receptacle which receives wastewater from a building or facility sewer that allows solids to settle from the liquid, provides digestion for organic solids, stores digested solids through a period of retention, and allows a clarified liquid to discharge to additional treatment works for final treatment and dispersal.
SEWER. A pipe or conduit for carrying wastewater.
SLUG. Any discharge of water, wastewater or industrial waste in which the concentration of any given constituent or in which quality of flows exceed for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flow from the source during normal operation.
STORM DRAIN (STORM SEWER). A sewer which carries storm and surface waters and drainage, but which excludes wastewater and industrial wastes other than uncontaminated cooling water.
SURFACE WATER. Water on the surface of the earth, as distinguished from groundwater. Some examples are lakes, ponds, rivers and streams.
SUSPENDED SOLIDS (SS). Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering using methods prescribed by EPA.
UNPOLLUTED WATER. Water of quality equal to or better than effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharging to the sanitary sewers and wastewater treatment facilities provided.
VAULT PRIVY. A structure which allows for disposal of human excreta into a watertight vault, provides privacy and shelter, and prevents access to the excreta by flies, rodents and other animals.
WASTEWATER. The spent water of the community. From the standpoint of source, it may be a combination of the liquid and water-carried chemical or solid wastes from residences, commercial buildings, industrial plants and institutions together with any groundwater, surface water and storm water that may be present.
WASTEWATER FACILITIES (WASTEWATER SYSTEM). All facilities for collecting, pumping, transporting, treating and disposing of wastewater arid wastewater sludge.
WASTEWATER TREATMENT WORKS. The facilities provided by the city to treat wastewaters as necessary to meet national pollutant discharge elimination system permit conditions and to comply with other environmental laws, rules and regulations.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. 30, passed 8-21-2008)
§ 53.002 CITY SEWER SYSTEM; SUPERVISION.
The city sewer system shall be under the supervision of the Public Works Director who shall be responsible to the Board of Commissioners.
(Ord. 30, passed 8-21-2008)
§ 53.003 DUTIES.
The Public Works Director shall make or supervise and inspect and approve all taps of public sewers in addition to such other duties as shall be prescribed by the Board of Commissioners or by the ordinances of the city.
(Ord. 30, passed 8-21-2008)
§ 53.004 WHEN CONNECTION REQUIRED.
The owner of each house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the city and is within 400 feet of a public sewer is hereby required, at the owner’s expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so. Any extension of city public infrastructure to accommodate required connections shall comply with adopted public works standards.
(Ord. 30, passed 8-21-2008)
§ 53.005 UNSANITARY DEPOSITS PROHIBITED.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.006 DISPOSAL OF WASTEWATER TO STORM SEWERS OR NATURAL OUTLET
PROHIBITED.
It is unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any wastewaters except where suitable treatment has been provided in accordance with this chapter.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.007 PRIVATE WASTEWATER DISPOSAL SYSTEMS AND THE LIKE PROHIBITED.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, or other facility intended or used for the disposal of wastewater. Private wastewater disposal systems may be permitted upon recommendation of the Planning and Zoning Board and approval of the Board of Commissioners.
(Ord. 30, passed 8-21-2008)
§ 53.008 RESPONSIBILITY; BREAKAGE OF LINES.
In the event of breakage, leakage or obstruction of any city sewer main, the city shall be responsible for the replacement or repair of the main line. In the event of breakage of any sewer line running from a residence, business or any structure to the city main line, the owner or person having responsibility of the residence, business or structure, shall be responsible for its repair or replacement. If any person shall fail to promptly repair any leaky, clogged, or inadequate private sewer line or house service sewer line, or if any person shall fail to promptly and properly empty or repair any septic tank, after being notified by the city to do so, the city may cause the service pipe to be repaired and assess the actual cost of the repair plus an administrative charge of 10% to the property.
(Ord. 30, passed 8-21-2008)
§ 53.009 RIGHT OF ENTRY.
The Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.
(Ord. 30, passed 8-21-2008)
§ 53.010 RIGHT TO INFORMATION.
The Director or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(Ord. 30, passed 8-21-2008)
§ 53.011 ENTRY ONTO CERTAIN EASEMENTS.
The Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 30, passed 8-21-2008)
§ 53.012 DAMAGE; DISORDERLY CONDUCT.
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
BUILDING SEWERS AND CONNECTIONS
§ 53.025 AUTHORITY TO USE, ALTER OR MAKE CONNECTION.
No person except city employees or contractors directly employed by the city who are authorized to do so by the Director and other duly authorized employees of the city shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Director.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.026 BUILDING SEWER PERMIT; CLASSES.
There shall be two classes of building sewer permits. One class shall be for residential dwelling units and the other shall be for commercial, institutional and industrial users. In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the director. A permit and inspection fee for residential, commercial and industrial building sewer permits shall be paid to the city at the time the application is filed.
(Ord. 30, passed 8-21-2008)
§ 53.027 RESPONSIBILITY FOR COSTS; INDEMNIFICATION OF CITY.
All costs and expenses incident to the installation, connection and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 30, passed 8-21-2008)
§ 53.028 SEPARATE CONNECTIONS; ADJOINING PROPERTIES.
A separate and independent building sewer shall be provided for each lot. The location of sewer service lines shall be in conformance with the city’s standard specifications.
(Ord. 30, passed 8-21-2008)
§ 53.029 USE OF EXISTING BUILDING SEWERS FOR NEW BUILDINGS.
Existing building sewers may be used in connection with new buildings only when they are found on examination and testing by the Director and other duly authorized employees of the city to meet all requirements of this chapter.
(Ord. 30, passed 8-21-2008)
§ 53.030 TECHNICAL SPECIFICATIONS.
The size, slope, alignment, materials of construction of all sanitary sewers, including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and back-filling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city or state. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Director before installation.
(Ord. 30, passed 8-21-2008)
§ 53.031 BUILDING SEWER ELEVATION.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the buildings sewer.
(Ord. 30, passed 8-21-2008)
§ 53.032 INSPECTION.
No sewer trench shall be filled or sewer pipe covered until the building sewer has been first inspected by the Director and other duly authorized employees of the city. Persons making sewer connections shall give at least 24 hours’ notice to the Director of the time when such service sewer shall be ready for inspection. The Director shall inspect such sewer within a reasonable time and if such service sewer is not properly laid or connected, the public works director shall order the same to be taken out and relaid.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.033 EXCAVATIONS.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazards. The permittee shall agree to assume responsibility for any public liability or property damage which may result from the work. Streets, sidewalks, parkways or other public property disturbed in the course of the work shall be restored in accordance with the design standards and standard specifications then currently in effect.
(Ord. 30, passed 8-21-2008)
§ 53.034 ABANDONED SEWER LINES.
Abandoned sewer lines will be removed from the sewer main and the patch in the sewer line will be replaced pursuant to the current method approved by the Public Works Department.
(Ord. 30, passed 8-21-2008)
§ 53.035 CONNECTIONS OUTSIDE CITY.
No sewer connection permit shall be issued after the effective date of this chapter to serve any property located outside the corporate limits of the city, except with specific approval of the Board of Commissioners.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.036 EXTENSION OF PUBLIC INFRASTRUCTURE TO ACCOMMODATE INDIVIDUAL
SERVICE CONNECTIONS.
Any extension of public infrastructure to accommodate individual service connections shall comply with Chapter 151. The cost for installation of sewer infrastructure to a individual service or within a new development is the sole responsibility of the owner except for oversize cost as provided for in Chapter 151. The city may, at the discretion of the Board of Commissioners, choose to pay for a portion of the cost to extend sewer infrastructure to a new development.
(Ord. 30, passed 8-21-2008)
SANITARY SEWER SYSTEM USE REGULATIONS
§ 53.050 PROHIBITED DRAINAGE IN SANITARY SEWERS.
No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any sewer except storm water runoff from limited areas, which stormwater may be polluted at times and may be discharged to the sanitary sewer by permission of the Director.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.051 STORM SEWERS AND NATURAL OUTLETS.
Storm water, other than that exempted under § 53.050, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Director, to a storm sewer or natural outlet.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.052 DISCHARGES PROHIBITED INTO PUBLIC SEWERS.
No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
(A) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(B) Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works. Any user discharging any toxic pollutants which cause an increase in the costs of managing the effluent or the sludge of the city’s treatment works, shall pay for such increased costs;
(C) Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works; or
(D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.053 LIMITED DISCHARGES IN PUBLIC SEWERS.
(A) The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Public Works Director may set limitations lower than the limitations established in the regulations below if in his or her opinion such more severe limitations are necessary to meet the above objectives. In forming his or her opinion as to the acceptability, the Public Works Director will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors.
(B) The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Public Works Director are as follows:
(1) Wastewater having a temperature higher than 150º F. (65º C.);
(2) Wastewater containing more than 25 milligrams per liter of petroleum oil, non-biodegradable cutting oils or products of mineral oil origin;
(3) Wastewater from a premise containing floatable oils, fat or grease;
(4) Any garbage that has not been properly shredded (see § 53.001). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;
(5) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Public Works Director for such materials;
(6) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Public Works Director;
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Public Works Director in compliance with applicable state or federal regulations;
(8) Quantities of flow, concentrations or both which constitute a SLUG as defined in this chapter;
(9) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; and
(10) Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.054 DISCRETIONARY AUTHORITY OF DIRECTOR.
(A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 53.053, and in the judgment of the Director, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 53.080.
(B) When considering the above alternatives, the Director shall give consideration to the economic impact of each alternative on the discharger. If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director.
(Ord. 30, passed 8-21-2008)
§ 53.055 INTERCEPTORS.
(A) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in § 53.053(C), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.
(B) All interceptors shall be of a type and capacity approved by the Director, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the director. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.
(Ord. 30, passed 8-21-2008)
§ 53.056 DRAINS IN PUBLIC GARAGES AND WASH RACKS.
Every public garage or other place having a wash rack used for washing vehicles shall install a standard garage drain approved by the Public Works Director. Such drain shall be so constructed and operated as to prevent mud, sand and other debris from being washed into the city sewer system and shall be kept in proper working order.
(Ord. 30, passed 8-21-2008) Penalty, see § 53.999
§ 53.057 PRETREATMENT OR FLOW EQUALIZATION.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his or her expense.
(Ord. 30, passed 8-21-2008)
§ 53.058 MANHOLES.
When required by the Director, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Public Works Director. The structure shall be installed by the owner at his or her expense, and shall be maintained by him so as to be safe and accessible at all times.
(Ord. 30, passed 8-21-2008)
§ 53.059 INFORMATION NEEDED FOR COMPLIANCE.
(A) The Director may require a customer of sewer services to provide information needed to determine compliance with this chapter.
(B) These requirements may include:
(1) Wastewaters discharge peak rate and volume over a specified time period;
(2) Chemical analyses of wastewaters;
(3) Information on raw materials, processes and products affecting wastewater volume and quality;
(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;
(5) A plot plan of sewers of the customer's property showing sewer and pretreatment facility location;
(6) Details of wastewater pretreatment facilities; and
(7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
(Ord. 30, passed 8-21-2008)
§ 53.060 SAMPLING AND TESTING.
All measurements, tests and analyses of the characteristics of wastewater to which reference is made in this chapter shall be determined in accordance with rules, specified in 40 C.F.R. part 136, or in the absence of 40 C.F.R. part 136 methods, by methods contained with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Public Works Director.
(Ord. 30, passed 8-21-2008)
§ 53.061 SPECIAL ARRANGEMENTS.
No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.
(Ord. 30, passed 8-21-2008)
SERVICE CHARGES
§ 53.075 PURPOSE.
The purpose of this chapter shall be to generate sufficient revenue to pay all costs for the capital costs and operation and maintenance of the complete wastewater system. The costs shall be distributed to all customers of the system in proportion to each customer’s contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume and delivery flow rate characteristics shall be considered and included as the basis for the customer’s maintenance costs to each
(Ord. 30, passed 8-21-2008)
§ 53.076 DETERMINING THE TOTAL ANNUAL COST OF OPERATION AND
MAINTENANCE.
The Director shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual costs of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.
(Ord. 30, passed 8-21-2008)
§ 53.077 SEWER TAP PERMIT.
Owners of property desirous of discharging to the sanitary sewer, within the corporate limits of the city, shall have a licensed plumbing contractor make application, in writing, to the city. Such application to state the name of the owner, a description of the premises, the size of the tap, the kind of service pipe to be used, and the purpose for which it is to be used. Such application must be made at least two days before the work is to be commenced. A permit shall be issued after the application is approved by the director of public works or his or her designee, and payment is made for connection fees as provided for in this chapter.
(Ord. 30, passed 8-21-2008)
§ 53.078 SEWER TAP FEES.
Refer to the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution. The sewer tap fees provide for the following: an initial field inspection of the private sewer service line from the sewer stub to the structure, mileage, administrative tracking and card drawing.
(Ord. 30, passed 8-21-2008)
§ 53.079 SEWER CONNECTION FEES.
Upon recommendation by the Director, the Board of Commissioners may by resolution impose sewer construction fees on individual properties in certain identified, unserved areas when properties in such area are benefited by the installation of a sewer. All users in such service area shall pay an additional sewer construction fee prior to connecting to the sewer. This sewer connection fee shall be in addition to the ordinary tap fees imposed by this chapter. The city may enter into agreements assigning the cost of installation of sewer water mains to serve such service areas. The ordinance codified in this section implements authority granted in SDCL § 9-48-15.
(Ord. 30, passed 8-21-2008)
§ 53.080 INDUSTRIAL WASTE PERMIT FEES.
Refer to the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. 30, passed 8-21-2008)
§ 53.081 SEWER USE CHARGE.
(A) Minimum rate and monthly charge. All wastewater and industrial waste discharged to the wastewater facilities shall be paid for by the tenant or owner of the premises served, according to the following schedule:
(1) Residential class: Refer to the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution; and
(2) Commercial and industrial class: Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution $64.35 per service.
(B) Surcharge. There is established and imposed, pursuant to the authority of SDCL Chapter 9-40, a surcharge upon sewer service, the proceeds of such surcharge to be used for the payment of the principal of and interest on bonds issued under the authority of SDCL Chapter 9-40. No portion of the proceeds of such surcharge shall be expended for any purpose other than retiring sewer bonds until all of such bonds have been retired. The surcharge shall be imposed at the rate of $10.35 per sewer account. The charge shall be in addition to any rate per unit charges imposed under division (A) of this section.
(C) Deposits.
(1) Any customer requesting sanitary sewer service from the city shall be required to make one of the following deposits based upon the type of service required:
(a) All commercial accounts: $100;
(b) Residential accounts where the customer does not own the property being served, to be referred to as residential rental accounts: $100;
(c) Residential accounts where the customer does own the property being served, to be referred to as residential owner accounts: $50); or
(d) Delinquent accounts: $100.
(2) The Finance Officer shall, at his or her sole and unlimited discretion, have the ability to waive the deposit in consideration of the customer’s previous record of prompt payment to the city for utility services. Letters of reference from other utility companies are not acceptable in lieu of utility deposit.
(3) A delinquent account deposit shall be required at such time as the customer had prior service with the city, and had such service disconnected for nonpayment; or if collection efforts outside the normal procedure for the finance office (small claims action, lien on the property or collection agency action) were taken; or if customer had four late utility payments (not consecutive) with any 12-month period.
(4) The Finance Officer shall deposit such moneys in a separate account and interest earned thereon shall be the property of the city. At such time as sanitary sewer service shall be terminated, the Finance Officer shall promptly refund any such deposit to the water customer; provided however, that all accounts are paid in full. In the event that the water customer and owner of any trust deposit shall fail to pay his or her utility billings to the city before the same may be delinquent, then the Finance Officer shall have the right to withdraw such trust fund and apply to any obligation. This remedy shall be in addition to any other remedies the city shall have for the collection of such moneys and the right to terminate such service upon nonpayment by the water customer.
(5) Fees, charges, and rates for sewer services, connections, and tap fees may be changed per resolution by the Board of Commissioners whose authority to do so is granted by SDCL § 9-48-15.
A wastewater treatment system service fee may be charged on all monthly accounts of the sanitary sewer service system. The fee will be established as an Enterprise Fund. The purpose of the wastewater treatment system service fee will be to provide funding for the wastewater management of the system and to generate sufficient revenue for future expansion, for anticipated area growth and development, and to fund emergency situations and address life safety issues, flooding and infrastructure damage. Upon recommendation by the Public Works Director, fees may be imposed. Fees may be determined per resolution by the Board of Commissioners whose authority to do so is granted by SDCL § 9-48-15.
(Ord. 30, passed 8-21-2008)
§ 53.083 WASTEWATER TREATMENT REPAIR AND MAINTENANCE FEE.
A wastewater treatment repair and maintenance fee may be charged to all users of the sanitary sewer service system. The purpose of the fee shall be to maintain the wastewater treatment system. Upon recommendation by the Public Works Director, fees may be imposed. Fees may be determined per resolution by the Board of Commissioners whose authority to do so is granted by SDCL § 9-48-15.
The sewer use billing shall be monthly and shall be based on the rates determined in § 53.083. The city shall assess a $15 penalty if the payment is not received by the city within 15 days. Each customer shall be notified by mail of the delinquent account along with the attachment of penalty. After notification and if the delinquent account is not paid within ten days, the city shall take all legal remedies to collect the over due bill.
§ 53.085 PROPERTY OWNER SERVICE FEE RESPONSIBILITY.
All fees, charges, and rates for sewer services, connections, and tap fees are the responsibility of the property owner. In the event that a renter’s monthly fees are in arrears, the property owner/landlord shall be held responsible for any and all fees, late charges, and filing fees as have been incurred on the account.
§ 53.086 WASTEWATER CUSTOMERS OUTSIDE THE CITY LIMITS.
All customers of wastewater services provided by city, outside the corporate limits, shall be governed by all rules, regulations and ordinances in effect within the city concerning the same, and shall be charged the rate of one and one-half times the rate for in-town customers in the same customer class category as determined by the Board of Commissioners except for those serviced by the wastewater treatment plant prior to adoption of this chapter.
(Ord. 30, passed 8-21-2008)
PRIVATE WASTEWATER DISPOSAL
§ 53.095 PRIVATE DISPOSAL.
Where a public sanitary sewer is not available under the provisions of § 53.004 and the owner has received approval, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this subchapter.
(Ord. 30, passed 8-21-2008)
§ 53.096 BULK USERS.
All bulk users of wastewater services provided by the city hall be governed by all rules, regulations and ordinances in effect within the city concerning the same, and shall be charged the rate as determined and set by the Board of Commissioners.
Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit signed by the Director. The application for such permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Director. A permit and inspection fee shall be as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution, shall be paid to the city at the time the application is filed and will be considered a sewer tap fee as identified in § 53.077.
(Ord. 30, passed 8-21-2008)
§ 53.098 INSPECTION.
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Director. The Director shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Public Works Director when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Director.
(Ord. 30, passed 8-21-2008)
§ 53.099 COMPLIANCE WITH STATE AND COUNTY REQUIREMENTS.
All minimum lot size requirements and the type, capacities, location and layout of a private wastewater disposal system shall comply with all requirements of the South Dakota Department of Environment and Natural Resources and the county.
(Ord. 30, passed 8-21-2008)
§ 53.100 SEWER CONNECTIONS; AVAILABILITY OF PUBLIC SEWER.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer as provided in § 53.004, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material as required by the state.
(Ord. 30, passed 8-21-2008)
§ 53.101 OPERATION AND MAINTENANCE.
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.
(Ord. 30, passed 8-21-2008)
§ 53.102 ADDITIONAL REQUIREMENTS.
No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the Director.
(Ord. 30, passed 8-21-2008)
STORM SEWER MAINTENANCE FUND
§ 53.115 GENERALLY.
Storm sewer runoff is defined as the precipitation that travels over land and across surfaces, including but not limited to parking lots, driveways, or rooftops, and flows into our streams or rivers via storm drains or drainage system infrastructure. In addition to adding pollutants to storm water, urban development increases the quantity and velocity of runoff, so that downstream properties become more susceptible to flooding, erosion increases in channels and streams, and the land's natural beauty and habitats are lost.
(Ord. 31, passed 9-16-2010)
§ 53.116 PURPOSE.
The Storm Sewer Maintenance Fund is a special revenue fund with the responsibility for providing storm sewer maintenance and management to the residential, commercial and industrial customers it serves. Storm sewer maintenance and management is a vital issue in the city. Projects necessary to address life safety issues, flooding, and infrastructure damage have been identified as essential to the well-being of the community.
(Ord. 31, passed 9-16-2010)
§ 53.117 STORM SEWER MAINTENANCE FEE ASSESSMENT.
A storm sewer maintenance fee assessment may be charged to all platted lots within the city per SDCL §§ 9-48-21 and 9-48-25. Upon recommendation by the Public Works Director, fees may be imposed. Fees may be determined per resolution by the Board of Commissioners whose authority to do so is granted by SDCL § 9-48-15.
(Ord. 31, passed 9-16-2010)
§ 53.999 PENALTY.
(A) Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(B) Any person who shall continue any violation beyond the time limits provided for in this chapter shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding $100 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(C) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
(Ord. 30, passed 8-21-2008)
TITLE VII: TRAFFIC CODE
Chapter
70. GENERAL PROVISIONS
71. TRAFFIC REGULATIONS
CHAPTER 70: GENERAL PROVISIONS
Section
General Provisions
70.01 Definitions
70.02 Authority
70.03 Adoption of state traffic laws
70.04 Refusing to comply with order of police
70.05 Boarding or alighting from vehicle
70.06 Opening doors into traffic
70.07 Animals and vehicles on sidewalk
70.08 Texting prohibited
Snowmobiles
70.20 Definitions
70.21 Speeding and reckless driving prohibited
70.22 Age restrictions
70.99 Penalty
GENERAL PROVISIONS
§ 70.01 DEFINITIONS.
The words and phrases defined in SDCL § 32-14-1 shall, when used in this chapter, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning.
(Prior Code, § 70.01)
§ 70.02 AUTHORITY.
This municipality shall have authority to enact and enforce regulations pursuant to SDCL §§ 9-31-1 through 9-31-5.
(Prior Code, § 70.02)
§ 70.03 ADOPTION OF STATE TRAFFIC LAWS.
The provisions of SDCL Title 32 are adopted by reference. It shall be unlawful for any person to violate those provisions. All traffic control signs, devices, signals, and markings shall be deemed erected pursuant to SDCL Title 32.
(Prior Code, § 70.03) Penalty, see § 70.99
§ 70.04 REFUSING TO COMPLY WITH ORDER OF POLICE.
It shall be unlawful to fail or refuse to:
(A) Submit to any lawful inspection under this chapter; and
(B) Comply with the provisions of a warning ticket issued by a police officer under the provisions of this chapter.
(Prior Code, § 70.05) Penalty, see § 70.99
§ 70.05 BOARDING OR ALIGHTING FROM VEHICLE.
It shall be unlawful to board or alight from a vehicle that is in motion.
(Prior Code, § 70.06) Penalty, see § 70.99
§ 70.06 OPENING DOORS INTO TRAFFIC.
No person may open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor may any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(Prior Code, § 70.07) Penalty, see § 70.99
Statutory reference:
Related provisions, see SDCL § 32-30-2.5
§ 70.07 ANIMALS AND VEHICLES ON SIDEWALK.
(A) No person may drive any vehicle other than a bicycle or an electric personal assistive device upon a sidewalk or sidewalk area in the municipality except upon a permanent or duly authorized temporary driveway.
(B) No person shall ride, drive, lead any horse or mule, or drive or lead any cow or any other animal upon any public sidewalk in the municipality or cause to be drawn any vehicle ordinarily drawn by horses or mules on any sidewalk of the municipality.
(Prior Code, § 70.08) Penalty, see § 70.99
Statutory reference:
Related provisions, see SDCL § 32-26-21.1
§ 70.08 TEXTING PROHIBITED.
(A) Definitions. The words and phrases defined in this section, shall, when used in this section, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning:
ELECTRONIC WIRELESS COMMUNICATION DEVICE. A mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;
VOICE OPERATED OR HANDS FREE TECHNOLOGY. Technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and
WRITE, SEND, OR READ A TEXT-BASED COMMUNICATION. Using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message or electronic mail.
(SDCL § 32-26-46)
(B) Use of handheld electronic wireless communication device for text-based communication on highway
(1) Prohibited; violation as petty offense. No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send or read a text-based communication.
(2) Exceptions. This section does not apply to a person who is using a handheld electronic wireless communication device:
(a) While the vehicle is lawfully parked;
(b) To contact any emergency public safety answering point or dispatch center;
(c) To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or
(d) When using voice operated or hands free technology.
(C) Penalty. A violation of this section is a petty offense with a fine of $100.
(SDCL § 32-26-47)
SNOWMOBILES
§ 70.20 DEFINITIONS.
The words and phrases defined in SDCL § 32-20A-1 shall, when used in this subchapter, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning.
(Prior Code, § 73.01)
§ 70.21 SPEEDING AND RECKLESS DRIVING PROHIBITED.
No person may operate a snowmobile in the following manner:
(A) At a speed that is greater than is reasonable or prudent under the circumstances;
(B) In any reckless way so as to endanger the person or property of another; or
(C) Without a functioning muffler complying with SDCL § 32-15-17.
(Prior Code, § 73.02) Penalty, see § 70.99
Statutory reference:
Related provisions, see SDCL § 32-20A-2
§ 70.22 AGE RESTRICTIONS.
There is no age limitation for the operation of a snowmobile. However, no person under the age of 14 may drive a snowmobile across a roadway as defined in SDCL § 32-14-1(27) of a highway as defined in SDCL §§ 31-1-5(1) to 31-1-5(4), inclusive, except under the immediate direction of a parent, legal guardian, or person who is 18 years of age or older.
(Prior Code, § 73.03)
Statutory reference:
Related provisions, see SDCL § 32-20A-3
§ 70.99 PENALTY.
Any violation of this traffic code shall result in a fine not to exceed $500 or imprisonment not exceeding 30 days or by both such fine and imprisonment.
(Prior Code, § 70.99)
Statutory reference:
Maximum penalty, see SDCL § 9-19-3
CHAPTER 71: TRAFFIC REGULATIONS
Section
General Provisions
71.001 Scope and purpose
71.002 Definitions
71.003 Speed regulations
71.004 Duties and obligations in event of an accident
71.005 Bicycles
Operation of Vehicles
71.020 License requirement
71.021 Under the influence
71.022 Stop requirements for railroad grade crossing
71.023 Drive on right side of highway
71.024 Meeting of vehicles
71.025 Overtaking a vehicle
71.026 Limitation of privilege of overtaking and passing
71.027 Driver to give way to overtaking vehicles
71.028 Following too closely
71.029 Turning at intersections
71.030 Right-of-way
71.031 Exceptions
71.032 Requirements on approach of authorized vehicle
71.033 Driving through safety zone prohibited
71.034 Coasting prohibited
71.035 Driving on sidewalk, bike path, intersections prohibited
71.036 Reckless driving
71.037 Careless driving
71.038 U-turns at intersections
71.039 U-turns prohibited
71.040 Truck routes
71.041 Slow driving
71.042 Stealing rides and trailing sleds
71.043 Exhibition driving
71.044 Commercial vehicles
Condition of Vehicles
71.055 Restrictions on tire equipment
71.056 Brakes
71.057 Horns and warning devices
71.058 Mirrors required
71.059 Windshields shall be unobstructed
71.060 Prevention of noise, smoke, and regulations of muffler cut-outs
71.061 Required lighting equipment of vehicles
71.062 Obstruction of operator’s view of driving mechanism
Parking and Storage on Public Property
71.075 Vehicles shall stop at certain through highways or streets
71.076 Vehicles shall yield at certain through highways or streets
71.077 Parking or stopping on streets or highways
71.078 Diagonal parking requirements
71.079 Parallel parking requirements
71.080 Stopping in alleys and private driveways
71.081 Parking and stopping prohibited
71.082 Parking; snow removal
71.083 Accumulation of personal property or junk on public property prohibited
71.084 Fires on public property prohibited
71.085 Storage on public property prohibited
71.086 Police Department granted certain authority
71.087 Removal of prohibited cars and other personal property
71.088 Review by Board of Commissioners
71.089 Failure to pay enforced by court appearance
71.090 Handicapped parking spaces provided
Signs, Signals, and Traffic Control Devices
71.105 Signals
71.106 Flag or light at end of load
71.107 Unauthorized signs prohibited
71.108 Interference with signs and signals prohibited
71.109 Traffic control signal legend
71.110 Enforcement
Pedestrians
71.125 Pedestrians’ right-of-way
71.126 Crossing street
71.127 Pedestrians’ rights and duties at controlled intersections
71.128 Pedestrians shall obey traffic signals
71.129 Boarding or alighting from vehicles
71.130 Crossing at right angles
71.131 Skating on sidewalks
71.999 Penalty
GENERAL PROVISIONS
§ 71.001 SCOPE AND PURPOSE.
The purpose of this chapter is to set forth certain laws and regulations applicable to traffic, parking, and other areas of public concern and safety therefor, violations of which shall be enforceable within the city and one mile thereof.
(Ord. 22, passed 7-8-2010)
§ 71.002 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Police Chief.
BUSINESS DISTRICT. The territory contiguous to a highway when 50% or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.
CROSSWALK. The portion of a roadway ordinarily included within the prolongation of curb and property lines at intersections or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other marking on the surface.
CURB. The extreme edge of a roadway.
FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
HIGHWAY or STREET. Every way or place of whatever nature opened to use of public, as a matter of right, for purposes of vehicular travel. The term HIGHWAY or STREET shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions.
INTERSECTIONS. The area embraced within the prolongation of the lateral curb lines or, if none, then of the lateral boundary lines of two or more streets or highways which join one another at an angle whether or not one such street or highway crosses the other; but such area in the case of the point where an alley and a street meet shall not be deemed an INTERSECTION.
LANED STREET. Any street, the roadway of which is divided into two or more clearly marked lanes for vehicle traffic.
LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
MOTORCYCLE. Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included with the term “tractor” as herein defined.
OFFICIAL TRAFFIC SIGNALS. All signals, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning, or regulating traffic.
OFFICIAL TRAFFIC SIGNS. All signs and markings, other than signals, not inconsistent with this chapter, placed or erected by a public body or official having jurisdiction, for the purpose of guiding, directing, warning, or regulating traffic.
OPERATOR or DRIVER. Any person who is in actual physical control of a vehicle.
OWNER. A person who holds the legal title of a vehicle or, in the event a vehicle is the subject of an agreement for conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of vehicle is entitled to possession, then such conditional vendee or lessee or mortgager shall be deemed the OWNER for the purpose of this chapter.
PARKING. The standing of a vehicle, whether attended or unattended, upon a roadway or street otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading or in obedience to traffic regulations or traffic signs or signals.
PEDESTRIAN. Any person who goes or travels on foot or who travels with the assistance of a wheelchair.
PRIVATE ROAD OR DRIVEWAY. Every road or driveway not opens to the use of the public for purposes of vehicular travel.
RIGHT-OF-WAY. The privilege of this immediate use of the street or highway.
ROAD TRACTOR. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
ROADWAY. The portion of a street or highway between the regularly established curb lines or that part devoted to vehicular traffic.
SAFETY ZONE. The area or space officially set aside within a street or highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a SAFETY ZONE.
SEMITRAILER. Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.
SIDEWALK. The portion of a highway or street between the curb lines and adjacent property lines.
TRAFFIC CONTROL SIGNAL. Any device using colored lights, or words, or any combination thereof whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to protect.
TRAILER. Every vehicle without motor power designed for carrying property or passenger wholly on its own structure and for being drawn by a motor vehicle.
TRUCK. Any motor vehicle used for carrying goods and/or materials which have a box or cargo box exceeding six feet in width and/or has a total length of over 26 feet, including any permanently attached or removable trailers or cargo boxes.
TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VEHICLE or MOTOR VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks; provided that, for the purpose of this chapter, a bicycle or a ridden animal shall be deemed a VEHICLE.
(Ord. 22, passed 7-8-2010)
§ 71.003 SPEED REGULATIONS.
(A) General provisions. No person shall drive any vehicle on a highway, street, or alley located in this city at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or established by the Board of Commissioners as hereinafter set forth.
(B) Speed limits.
(1) Where no special hazard exists on any section of a highway, street, or alley which section is not zoned and posted by action of the Board of Commissioners, the following speeds shall be lawful, but any speed in excess of said limits shall be unlawful, and shall be prima facie evidence that the speed is not reasonable or prudent:
(a) Fifteen mph when passing a school zone when children are present, when at school during school recess or while go to or leaving school during opening or closing hours, or during the hours of an organized event or when children are going to or leaving an organized event; and
(b) Twenty mph speed limit on all city streets.
(2) The speed limits set out in this section shall not apply to authorized emergency vehicles when responding to emergency calls provided that drivers thereof sound audible signals by siren or horn and red lights are displayed.
(3) This provision shall not relieve the driver of an authorized emergency vehicle from the duty of drive with due regard for the safety of all persons using the street nor shall it protect the driver of any such vehicle from the consequence of a reckless disregard of safety of others.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.004 DUTIES AND OBLIGATIONS IN EVENT OF AN ACCIDENT.
(A) Duty to stop. The driver of any vehicle involved in any accident resulting in injury or death to a person or damage to property shall immediately stop and give her or his name, address, and the registration number of her or his vehicle; exhibit her or his registration receipt to the person struck or the driver or occupants of any vehicle collided with; and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
(B) Striking unattended vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave, in a conspicuous place in the vehicle struck, a written notice giving the name and address the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
(C) Duty upon striking fixtures. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of her or his name and address and of the registration number of the vehicle she or he is driving.
(Ord. 22, passed 7-8-2010)
§ 71.005 BICYCLES.
(A) No interference with pedestrians. No person shall ride or propel any bicycle upon any public street, highway, or alley in such a manner as to interfere with any pedestrian thereon.
(B) Traffic laws shall be obeyed. Any person riding or propelling any bicycle shall observe all traffic laws, regulations, and traffic signs.
(C) Lighting required. No bicycle shall be permitted on any public street, highway, alley, sidewalk, or boulevard of the city during the period from a half hour after sunset to a half hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible any person on said public street, highway, alley, or sidewalk at a distance of 200 feet ahead unless said bicycle is equipped with:
(1) A lighted lamp on the front thereof visible under normal atmosphere conditions from a distance of at least 300 feet in front of such bicycle; and
(2) A reflex mirror lamp on the rear exhibiting a yellow or red light visible under like conditions from a distance of 200 feet to the rear of said bicycle.
(D) No hitching rides. No person riding upon any bicycle, motorcycle, coaster wagon, sled, roller skates, or any other similar vehicle shall attach the same or himself or herself to any moving vehicle upon any public street or highway, or to hold on to such moving vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
OPERATION OF VEHICLES
§ 71.020 LICENSE REQUIREMENT.
No person shall drive any motor vehicle upon a highway or street in this city unless such person holds a license which legally entitles said person to use the highways of the state.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.021 UNDER THE INFLUENCE.
No person who is in an intoxicated condition, or under the influence of intoxicating liquor or narcotic drugs, shall drive or operate, or attempt to drive or operate, any motor vehicle or other vehicle upon any of the public highways, streets, alleys, or public grounds of the city.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.022 STOP REQUIREMENTS FOR RAILROAD GRADE CROSSING.
(A) If any person driving a vehicle approaches a railroad grade crossing and a clearly visible or audible signal gives warning of the immediate approach of a railway train or car, she or he shall bring such vehicle to a complete stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and may not proceed until she or he can do so safely.
(B) (1) If any person driving a vehicle of any kind carrying school children, passengers for hire, explosives, or inflammable liquids approaches a railroad grade crossing, she or he shall bring such vehicle to a complete stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and may not proceed until she or he can do so safely.
(2) Said requirement to stop shall apply with or without the presence of a signal giving warning.
(C) (1) If any person driving a vehicle approaches a railroad grade crossing designated by stop signs, she or he shall bring such vehicle to a complete stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and may not proceed until he or she can do so safely.
(2) Said requirement to stop shall apply with or without the presence of a signal giving warning.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.023 DRIVE ON RIGHT SIDE OF HIGHWAY.
Upon all highways of sufficient width, except upon one-way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow moving vehicle as closely as possible to the right-hand edge or curb of such highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in this chapter.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.024 MEETING OF VEHICLES.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving the other at least one-half of the main traveling portion of the roadway as nearly as possible.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.025 OVERTAKING A VEHICLE.
(A) The driver of any vehicle overtaking another vehicle proceeding in the same direction on a two-lane street shall pass at a safe distance to the left thereof, or, on a four-lane street, shall pass at a safe distance in the lane for traffic going the same direction as the overtaken vehicle but not being used by the overtaken vehicle.
(B) The driver of a vehicle shall not deviate from his or her direct line of travel without ascertaining that such movement can be made with safely to other vehicles approaching from the rear and about to overtake and pass such first mentioned vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.026 LIMITATION OF PRIVILEGE OF OVERTAKING AND PASSING.
(A) The driver of any vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for sufficient distance ahead to permit such overtaking and passing to be made safely.
(B) The driver of any vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railroad grade crossing not at any intersection of highways or streets unless permitted to do so by a law enforcement officer; provided, however, that a driver of a vehicle may overtake and pass on the right of another vehicle proceeding in the same direction at an intersection where a traffic holding lane is clearly marked eighter by signs or lines on the roadway.
(C) The driver of any vehicle shall not overtake and pass any other vehicle proceeding in the same direction when traveling in a no passing zone on any highway, street, or bridge when either marked by signs or lines on any highway, street, or bridge.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.027 DRIVER TO GIVE WAY TO OVERTAKING VEHICLES.
The driver of any vehicle upon a highway or street about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given the driver of the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(Ord. 22, passed 7-8-2010)
§ 71.028 FOLLOWING TOO CLOSELY.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and condition of the highway or street.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.029 TURNING AT INTERSECTIONS.
(A) The driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane of traffic nearest to the right-hand side of the highway, and in turning shall keep as close as practicable to the right-hand curb or edge of the highway or street, and when intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway or street and in turning shall pass beyond the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left.
(B) For the purpose of this section, the CENTER OF THE INTERSECTION shall mean the meeting point of the medial lines of the highway or streets intersecting one another.
(C) The Board of Commissioners may authorize the Police Chief to modify the foregoing methods of turning at intersections by clearing indicating by buttons, markers, or other directions signs installed within an intersection the course to be followed by vehicles turning thereat, and it shall be unlawful for any driver to fail to turn in a manner as so directed.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.030 RIGHT-OF-WAY.
(A) (1) When to vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right except as otherwise specifically provided by this chapter.
(2) The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he or she might otherwise have hereunder.
(B) The driver of any vehicle within an intersection intending to turn to the left shall yield the right- of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this chapter, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.
(C) The driver of any vehicle upon a street or highway shall yield the right-of-way to a pedestrian crossing such highway or street within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic directions devices.
(D) (1) At intersections where traffic is controlled by traffic control signals or law enforcement, drivers of vehicles, including those marking turns, shall yield the right-of-way to pedestrians crossing or those who have started to cross the roadway on a “green” or “go” signal, and in all other cases, pedestrian shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a “green” or “go” signal.
(2) Every pedestrian crossing a highway or street at any point other than a pedestrian crossing, crosswalk, or intersection shall yield the right-of-way to vehicles upon the highway or street.
(Ord. 22, passed 7-8-2010)
§ 71.031 EXCEPTIONS.
(A) The driver of any vehicle about to enter or cross a public highway or street from a private road of driveway or alley shall yield the right-of-way to all vehicles approaching on such public highway or street.
(B) (1) The driver of a vehicle upon a highway or street shall yield the right-of-way to Police and Fire Department vehicles when the latter are operated upon official business and ambulances and the drivers thereof sound audible signal by bell, siren, or exhaust whistle.
(2) The provisions above shall not operate to relieve the driver of a Police or Fire Department vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequence of an arbitrary exercise of such right-of-way.
(C) (1) Highway or street maintainers in the performance of their duties of maintaining the highway shall have the preference of right-of-way and shall be permitted to drive upon the left-hand side of the traveled portion of the highway or street for the purpose of dumping materials, for repairing said highway or street, and also for smoothing the road surface.
(2) Such highway or street maintainer shall not indiscriminately block traffic, but shall allow reasonable room on the traveled portion of the highway for other vehicles to pass.
(3) Such highway or street maintainer shall not, however, be bound by the rules herein provided to turn to the right when meeting other vehicles or allowing them to pass when her or his work requires her or him to remain on the other side of the traveled portion of the highway.
(4) Such maintainers shall not in any way interfere with the traffic on said highway unless absolutely necessary, and shall take all proper precautions to provide for the safety and protection of the users of such a highway, including proper warning of such repair or maintenance work.
(5) However, such maintainers shall be subject to the rules of travel as herein provided, except when the performance of their maintenance work requires them to do otherwise.
(Ord. 22, passed 7-8-2010)
§ 71.032 REQUIREMENTS ON APPROACH OF AUTHORIZED VEHICLE.
(A) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this chapter and laws of the state, or of a law enforcement vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway or street, or, in case of a one-way highway the nearest edge or curb, clear of any intersection of highways or streets, and shall stop and remain in such position unless otherwise directed by law enforcement officer or until the authorized emergency vehicle shall have passed.
(B) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(Ord. 22, passed 7-8-2010)
§ 71.033 DRIVING THROUGH SAFETY ZONE PROHIBITED.
The driver of any vehicle shall not at any time drive through or over a safety zone as defined in this chapter.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.034 COASTING PROHIBITED.
No person shall when driving a vehicle upon a down grade upon any highway coast with the gears of said vehicle in neutral.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.035 DRIVING ON SIDEWALK, BIKE PATH, INTERSECTIONS PROHIBITED.
(A) No person shall drive any vehicle within any sidewalk or bike path area except at a permanent or temporary driveway or alley, or except as may be specifically allowed in this chapter.
(B) No person shall back any vehicle around a corner at an intersection, or into an intersection of public streets.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.036 RECKLESS DRIVING.
No person shall drive any vehicle upon any highway, street, or alley in a careless and/or heedless manner in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or likely endanger any person or property.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.037 CARELESS DRIVING.
No person shall drive any vehicle upon any highway, street, or alley of this city carelessly and without due caution, at a speed or in a manner so as to endanger or likely endanger any person or property, but not amounting to reckless driving in this chapter.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.038 U-TURNS AT INTERSECTIONS.
(A) At any intersection where traffic is controlled by traffic control signals or by law enforcement officer, or where warned by an official traffic control sign displaying the words “no U-turn” or “no left turn,” no person shall operate turn any vehicle at the intersection so as to proceed in the opposite direction.
(B) Vehicles making a lawful U-turn at any intersection shall grant the right-of-way to all vehicles and motor vehicles approaching and entering such intersection for any purpose other making a U-turn.
(Ord. 22, passed 7-8-2010)
§ 71.039 U-TURN PROHIBITED.
No person shall make a U-turn by operating a motor vehicle in the middle of a block to change direction of travel or to obtain parking on the opposite side of the roadway, or at any other place other than at an intersection where said U-turns are not prohibited.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.040 TRUCK ROUTES.
(A) It shall be unlawful for any truck, other than pickups pulling tandem or fifth-wheel stock trailers, equipped with more than three axles, to travel or park upon any street in the city unless such street is a designated truck route, or unless it is necessary to travel or park upon such streets to pick up or make delivery of merchandise or material for a legitimate business purpose.
(B) In determining whether a truck is equipped with more than three axles, the number of axles on the truck and the number of axles on any trailer which the truck is pulling shall be added together.
(C) If a detour should be posted around the streets included in the truck route, the detour shall constitute a part of the truck route.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.041 SLOW DRIVING.
No person shall drive any vehicle at an unnecessarily slow rate of speed as to hinder or retard traffic.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.042 STEALING RIDES AND TRAILING SLEDS.
No person shall cause to be attached or to permit any sled of any kind occupied by children to be trailed behind any vehicle, and no person shall ride, trespass upon, seize hold of, or drag, slide, or in any manner trail behind any vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.043 EXHIBITION DRIVING.
No person shall drive a vehicle within the limits of the city in such a manner that creates or causes unnecessary engine noise, or tire squeal, skid, or slide upon acceleration or stopping or that simulates a temporary race, or that causes the vehicle to unnecessarily turn abruptly or sway.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.044 COMMERCIAL VEHICLES.
(A) No person shall operate, stand, or park a vehicle on any street for the purpose of commercial advertising. Advertisements relating to the business for which a vehicle is used may be put upon a motor vehicle when such vehicle is in use for normal delivery or business purpose, and not merely or mainly for the purpose of commercial advertising.
(B) Notwithstanding the provision of division (A) above, buses and taxi cabs, operated for hire or at no charge, and law enforcement and emergency vehicles may display commercial advertisements on the exterior surface area of said vehicles.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
CONDITION OF VEHICLES
§ 71.055 RESTRICTIONS ON TIRE EQUIPMENT.
(A) No tire on a vehicle moved on a highway or street shall have on its periphery any block, stud, flange, clear, or spike, or any protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire except that is shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to slide or skid; provided, however, notwithstanding anything therein to the contrary, it shall be lawful to operate upon the highways and streets of this city motor vehicles equipped with pneumatic tires in which there are embedded metal studs or wires of tungsten steel or other similar material.
(B) The Board of Commissioners may in its discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tacks or farm tractors or other farm machinery.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.056 BRAKES.
(A) Any combination of motor vehicle trailers, semitrailers, or other vehicles shall be equipped with brakes upon one or more of such vehicles adequate to stop such combinations of vehicles within the distance specified for motor vehicles under regulations set forth in this chapter.
(B) Any motorcycle and bicycle with motor attached when operated upon a highway or street shall be provided with at least one brake which may be operated by hand or foot.
(Ord. 22, passed 7-8-2010)
§ 71.057 HORNS AND WARNING DEVICES.
(A) (1) Any motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of at least 200 feet.
(2) It shall be unlawful, except as otherwise provided in this chapter, for any vehicle equipped with or for any person to use upon a vehicle any siren, any compression or spark plug whistle, or any exhaust horn or whistle which does not produce a harmonious sound, or for any person at any time to use otherwise than a reasonable warning or to make any unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device.
(B) Any Police and Fire Department and fire patrol vehicle and any ambulance used for emergency calls shall be equipped with a bell, siren, or exhaust whistle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.058 MIRRORS REQUIRED.
No person shall drive a vehicle on a highway which vehicle is so constructed or leaded as to prevent the driver form obtaining a view of the highway to the rear by looking backward from the driver’s position, unless such vehicle is equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at 200 feet to the rear of such vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.059 WINDSHIELDS SHALL BE UNOBSTRUCTED.
(A) No person shall drive any vehicle upon a highway with any sign, poster, or other nontransparent material upon the front windshield, side wings, side, or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law or other than temporary driving instruction placed thereon by the manufacturer.
(B) One person shall drive any vehicle upon a highway or street with any object dangling between the view of the driver and the windshield of said vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.060 PREVENTION OF NOISE, SMOKE, AND REGULATION OF MUFFLER CUT-OUTS.
(A) No person shall drive any vehicle on a highway or street unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.
(B) No person shall use a muffler cut-out on any vehicle upon a highway or street.
(C) No vehicle shall be driven or moved on any highway or street unless such vehicle is so constructed or leaded as to prevent its contents from dripping, sifting, leaking, or otherwise escaping therefrom.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.061 REQUIRED LIGHTING EQUIPMENT OF VEHICLES.
Each motor vehicle on a highway during the period from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead, shall be equipped with lighted front and rear lamps for the different classes of motor vehicles as respectively required in SDCL §§ 32-17-1 to 32-17-26, inclusive. If a motor vehicle is parked or stopped on a highway, such motor vehicle shall be equipped with lighted front and rear lamps as required in SDCL § 32-17-27. A violation of this section is a Class 2 misdemeanor.
(SDCL 32-17-4) (Ord. 22, passed 7-8-2010)
§ 71.062 OBSTRUCTION OF OPERATOR’S VIEW OF DRIVING MECHANISM.
No person shall drive any vehicle when:
(A) There are in the front seat of the vehicles more than three adult persons; or
(B) In any other manner it is so loaded so as to obstruct the view of the operator to the front or sides, or to interfere with the operator’s control over the driving mechanism of such vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
PARKING AND STORAGE ON PUBLIC PROPERTY
§ 71.075 VEHICLES SHALL STOP AT CERTAIN THROUGH HIGHWAYS OR STREETS.
The Board of Commissioners shall be authorizing the placement of octagonal-shaped stop signs and determine at what intersections vehicles shall come to a complete stop. No person shall fail to obey said signs by failing to bring the vehicle to a complete stop.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.076 VEHICLES SHALL YIELD AT CERTAIN THROUGH HIGHWAYS OR STREETS.
(A) The Board of Commissioners shall, by authorizing the placement of triangular-shaped yield right-of-way signs, determine at what intersections certain vehicle shall have a preferential right-of-way.
(B) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he or she is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard.
(C) Said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding.
(Ord. 22, passed 7-8-2010)
§ 71.077 PARKING OR STOPPING ON STREETS OR HIGHWAYS.
(A) The Police Department may designate under the authority and directions of the Board of Commissioners by proper signs as no parking and, wherever said Police Department has so designated no parking, it shall be unlawful for any person to fail to comply therewith.
(B) On all other highways or streets in the city not otherwise designated by foregoing or succeeding sections, or by the Police Department as directed by this Board of Commissioners, all vehicles shall be parked parallel with the curb.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.078 DIAGONAL PARKING REQUIREMENTS.
Any vehicle parked diagonally shall be drawn up to the curb, gutter, or sidewalk on the right-hand side of the street at an angle of 45 degrees with the curb line thereof, such vehicle to be parked within six inches of the curb, gutter, or sidewalk on and along said street upon which such vehicle is parked, and no vehicle shall nearer than one foot to any other vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.079 PARALLEL PARKING REQUIREMENTS.
Any vehicle parked parallel shall be drawn up parallel to the curb, gutter, or sidewalk on the right-hand side of the street, the hub of both wheels on the right-hand side of the vehicle to be within one foot of the curb, gutter, or sidewalk on and along the street upon which such vehicles are parked, and no vehicle shall be parked nearer than three feet of the front or rear of any other vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.080 STOPPING IN ALLEYS AND PRIVATE DRIVEWAYS.
Any driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area extending across any alleyway.
(Ord. 22, passed 7-8-2010)
§ 71.081 PARKING AND STOPPING PROHIBITED.
(A) No person operating a vehicle shall stop, stand, or park such vehicle on any of the following places except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal:
(1) Within an intersection;
(2) On the boulevard;
(3) On a crosswalk;
(4) In front of a private driveway;
(5) On a sidewalk;
(6) Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
(7) Within 15 feet of the driveway entrance to any fire station;
(8) Within three feet of a fire hydrant;
(9) Within 15 feet of the point of intersection of curb lines;
(10) At a designated loading or passenger zone;
(11) At a designated taxicab stand or bus stand;
(12) Any no parking zone which may be designated by signs or by curb which is painted with a solid yellow stripe;
(13) In public alley within the city limits, except that trucks and other vehicles may stop in such alleys for the purpose of loading or unloading merchandise or materials;
(14) On the roadway side of any other vehicle stopped or parked at the edge or curb of a street except temporarily engaged in the loading or unloading of passengers or materials;
(15) On the highways, streets, and alleys of the city in such a manner as to obstruct vehicular or pedestrian traffic; or
(16) On grass or lawn areas that do not meet the hard surfacing requirements.
(B) It shall be unlawful for any person to park or leave standing any vehicle in a stall or a space designated for physically handicapped persons, if such stall or space is posted or marked in a prescribed way, unless the vehicle displays distinguishing license plates or place cards issued for handicapped persons, including disabled veterans.
(A) (1) In order that the Street Department may efficiently clean the streets and highways in the city, the Police Department or the person in charge of the cleaning of the streets is hereby authorized to place signs in any block or blocks within said city stating that snow removal will made at a specified time in the near future, in which case it shall be unlawful to park any motor vehicle upon any of the said streets or highways upon which said signs have been placed during the specified time.
(2) Such signs shall be placed at the end of each of said blocks to clean.
(B) Any vehicle parked in violation of any of the provisions of this section may be removed by the Police Department or the Street Department and the owner thereof, in addition to the other penalties prescribed for the violation of this section, shall be required to pay the cost of towing and removal of said vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.083 ACCUMULATION OF PERSONAL PROPERTY OR JUNK ON PUBLIC PROPERTY PROHIBITED.
No person shall store, deposit, maintain or permit to be maintained, or accumulate upon any public right-of-way ,any personal property including but not limited to the following:
(A) Garbage, refuse waste, rubbish;
(B) Any vehicle that is abandoned, wrecked, dismantled, or inoperative, including any vehicle with flat tires, missing wheels, and the like;
(C) Any vehicle which is non-licensed or because of body damage, or operating apparatus, including tires and wheels, is in such a condition to render the start, legal operation, or use of said vehicle impossible; and
(D) Any dead animal remaining on any public property for a period of more than 24 hours.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.084 FIRES ON PUBLIC PROPERTY PROHIBITED.
No person shall ignite any bonfire or campfire on public property.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.085 STORAGE ON PUBLIC PROPERTY PROHIBITED.
(A) No person shall, unless specifically authorized by the Police Department, store or permit to be stored any trailer, recreational vehicle, implement, vehicle, or other personal property on any public right-of-way.
(B) For the purpose of this chapter, the term STORE shall include the following:
(1) Leaving any car, pick up, motorcycle, camper, or recreational vehicle in any public right- of-way for more that five consecutive days; and
(2) Leaving any farm tractor, implement, trailer, truck, or truck tractor in any public right-of- way for more than 24 hours.
(C) Any trailer, recreational vehicle, implement, vehicle, or other personal property being stored in violation of this section shall be immediately removed from the right-of-way and may not be continued to be stored by moving said property to another location in any public right-of-way.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.086 POLICE DEPARTMENT GRANTED CERTAIN AUTHORITY.
The Police Department shall have the power to authorize the storage of any vehicle or trailer in the public right-of-way upon request of an owner in the event that he or she proves to the Police Department that:
(A) Storage is necessary for a specific, temporary period of time at a certain location;
(B) The vehicle or trailer is being used in connection with a construction repair, clean up project, or another event deemed appropriate by the Police Department; and
(C) The event is associated with real property adjacent to or closely located to the area of the public right-of-way where the vehicle or trailer will be temporarily stored.
(Ord. 22, passed 7-8-2010)
§ 71.087 REMOVAL OF PROHIBITED CARS AND OTHER PERSONAL PROPERTY.
(A) Any vehicle or trailer located upon public property in violation of this chapter or any traffic ordinance of the city may be summarily removed by the Police Department. The owner of the removed vehicle, in addition to any fines and penalties which may be imposed for such violation, shall pay the charges for towing and storage of the removed vehicle.
(B) Any personal property located on any public property in violation of this chapter may be summarily removed by the Police Department. The owner or person responsible for the violation, in addition to any fines and penalties which may be imposed for such violation, shall pay any costs incurred for the removal of the personal property.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.088 REVIEW BY BOARD OF COMMISSIONERS.
(A) Any person having received a notice of violation from the Police Department made under this chapter shall be entitled to have said decision/action reviewed by the Board of Commissioners. The process shall be as follows.
(1) An aggrieved person shall request a review with the Police Department by filing out a written request form to be provided by the Police Department.
(2) Upon completion of said form, the Police Department shall place the review upon the agenda for the Board of Commissioners meeting.
(3) The Police Department shall provide written notice to the person requesting the review specifying the time, date, and location of the meeting.
(4) The Board of Commissioners may notify the aggrieved person of its decision following the meeting; however, the Board of Commissioners shall issue a written decision to the person within 20 days of the meeting.
(B) Nothing in this section shall be constructed to deprive any person of her or his constitutional right a hearing or trail as to any violation charged.
(Ord. 22, passed 7-8-2010)
§ 71.089 FAILURE TO PAY ENFORCEMENT BY COURT APPEARANCE.
Upon failure of any person to pay any violation fee or fine within the time periods indicated, the city may request a summons from the magistrate court requiring said person to appear in court to answer for the violation.
(Ord. 22, passed 7-8-2010)
§ 71.090 HANDICAPPED PARKING SPACES PROVIDED.
The Board of Commissioners may, by resolution, designate certain parking spaces within the regulated parking district established herein as parking for the handicapped only. These spaces shall be clearly designated by posting of signs designating them as handicapped parking spaces only. Only a vehicle which is operated by a disabled person, or a vehicle in which a disabled person is riding and which bears a sticker issued by the state certifying that the owner or operator of this vehicle is a disabled person, shall be allowed to park in these handicapped designated parking spaces. The fact that the vehicle bears a sticker issued by the state certifying that the owner or operator of the vehicle is a disabled person shall not exempt the person operating the vehicle from complying with the parking time limit restrictions provided for in this chapter.
(Ord. 22, passed 7-8-2010)
SIGNS, SIGNALS, AND TRAFFIC CONTROL DEVICES
§ 71.105 SIGNALS.
(A) The driver of any vehicle upon a highway or street, before starting, stopping, or turning from a direct line, shall first see that such movement can be made in safety; if any pedestrian may be affected by such movement, shall give a clearly audible signal by sounding the horn; and, whenever the operation of any other vehicle may be affected by such movement, shall give a signal as required in this section plainly visible to the driver of such other vehicle of the intention to make such movement.
(B) The signal herein required shall be given by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device such as signal lamp or lamps, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, then said signals must be given by such a lamp or lamps or signal device.
(C) Whenever the signal is given by means of the hand and arm, the driver shall indicate his or her intention to start, stop, or turn by extending the hand and arm from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn: hand and arm extended horizontally;
(2) Right turn: hand and arm extended upward;
(3) Stop or decrease speed: hand and arm extended downward.
(Ord. 22, passed 7-8-2010)
§ 71.106 FLAG OR LIGHT AT END OF LOAD.
Whenever the load on any vehicle shall extend more than four feet beyond the rear of the bed or body thereof, there shall be displayed, at the end of such load in such position as to be clearly visible at all times form the rear of such load, a red flag not less than 12 inches both in length and width except that between one-half hour after sunset and one-half hour before sunrise, there shall be displayed at the end of any such load a red light plainly visible under normal atmospheric conditions at least 200 feet from the rear of such vehicle.
(Ord. 22, passed 7-8-2010)
§ 71.107 UNAUTHORIZED SIGNS PROHIBITED.
(A) No unauthorized person shall erect or maintain upon any highway any warning or direction sign, marker, signal, or light in imitation of any official sign, maker, signal, or light erected under the provisions of this chapter, and no person shall erect or maintain upon any highway any traffic or highway sign or signal bearing thereon any commercial advertising.
(B) Nothing in this section shall be construed to prohibit the erection of signs, markers, or signals bearing thereon the name of an organization authorized to erect the same by the Board of Commissioners.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.108 INTERFERENCE WITH SIGNS AND SIGNALS PROHIBITED.
No person shall willfully deface, injure, move, obstruct, or interfere with any official traffic signs or signal as provided in this chapter.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.109 TRAFFIC CONTROL SIGNAL LEGEND.
Whenever traffic is controlled by traffic control signals exhibiting the words “go” or “stop,” or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows.
(A) Green alone or “go.”
(1) Vehicular traffic facing the signal may precede straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(B) Steady yellow alone.
(1) Vehicular traffic facing the signal is thereby warned that the red or “stop” signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or to be crossing the intersection when the red of “stop” signal is exhibited.
(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway and any pedestrian then staring to cross shall yield the right-of-way to all vehicles.
(C) Steady red alone or “stop.”
(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain until green or “go” is shown alone, except as hereinafter provided.
(2) When the Board of Commissioners may permit, the driver of a vehicle which is stopped as close as practicable at entrance to the crosswalk and to the far right side of the roadway, then at the entrance to the intersection in obedience to red or stop signal, may make a right turn, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by signal at said intersection. Such Board of Commissioners action permitting a right turn after a stop when facing a steady red light alone shall be effective when a sign is erected at such intersecting giving notice thereof.
(D) Steady red with green arrow.
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(2) No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
(3) In the event of official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.
(4) Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.
(5) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows.
(Ord. 22, passed 7-8-2010)
(E) Flashing red. When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked or, if none, then before entering the intersection, and the light to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(F) Flashing yellow.
(1) When a yellow lens is illuminated with rapid intermitted flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossing shall be governed elsewhere in this chapter.
(Ord. 22, passed 7-8-2010)
§ 71.110 ENFORCEMENT.
(A) Regardless of all traffic signs, any driver of a motor vehicle shall obey traffic directions personally given by a law enforcement officer who is clearly identified as a law enforcement officer.
(B) Any willful failure to obey said directions shall constitute a violation of this chapter.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
PEDESTRIANS
§ 71.125 PEDESTRIANS’ RIGHT-OF-WAY.
(A) The driver of any vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at the end of a block except at intersections where the movement of traffic is being regulated by law enforcement officer or traffic control signals.
(B) Whenever any vehicle has stopped at a marked crosswalk or at any intersection to permit a pedestrian to cross a roadway, it shall be unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.126 CROSSING STREETS.
No pedestrian shall cross a roadway at any point other than within a marked or unmarked crosswalk in the business district as defined in this chapter or on any federal highway.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.127 PEDESTRIANS’ RIGHTS AND DUTIES AT CONTROLLED INTERSECTIONS.
(A) Whenever stop signals or flashing red signals are in place at an intersection or a marked crosswalk between intersections, any pedestrian shall have the right-of-way over drivers of vehicles of vehicles and at such marked places drivers of vehicles shall stop before entering the nearest crosswalk and any pedestrian within or entering the crosswalk at either edge of the roadway shall have the right-of- way over any vehicle so stopped.
(B) The driver of any vehicle shall stop before entering any crosswalk when any vehicle proceeding in the same direction is stopped as such crosswalk for a purpose of permitting a pedestrian to cross.
(Ord. 22, passed 7-8-2010)
§ 71.128 PEDESTRIANS SHALL OBEY TRAFFIC SIGNALS.
At intersections where traffic is directed by a law enforcement officer or stop and go signals, it shall be unlawful for any pedestrian to cross the roadway other than with released traffic and pedestrians shall obey all traffic signals and directions.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.129 BOARDING OR ALIGHTING FROM VEHICLES.
No person shall board or alight from any vehicle while such vehicle is in motion.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.130 CROSSING AT RIGHT ANGLES.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.131 SKATING ON SIDEWALKS.
No people shall roller skate, roller blade, or operate any skateboard, wagon, scooter, or similar device upon any sidewalks in the city’s parks or public property where signs are posted prohibiting such activities.
(Ord. 22, passed 7-8-2010) Penalty, see § 71.999
§ 71.999 PENALTY.
(A) Any violation of the provisions of this chapter is a Class II misdemeanor punishable by the maximum punishment set forth by the laws of the state pursuant of SDCL § 22-6-2. Said punishment may also include payment of any costs and/or restitution authorized by this chapter and/or state law.
(B) A person convicted of violating § 71.081 shall be punished by a mandatory fine of not less than $100. The Police Department is hereby authorized to remove any vehicle at the expense of the owner of the vehicle from stall or a space designated for physically handicapped persons, if the vehicle is parked in violation of the above provisions.
(C) (1) In addition to the cost of removal and/or storage and assessment of any charges related thereto, any person who violates this chapter, except in the event where the violation involves parking a vehicle in a stall or space designated for physically handicapped persons, shall, within 72 hours from the time when the notice of violation was attached to the vehicle, pay to the city the sum of $10. If any person fails to pay sum within 72 hours, he or she shall pay to the city the sum of $20.
(2) Any person who parks a vehicle in a stall or space designated for physically handicapped persons as prohibited by the chapter shall, within 72 hours from the time when the notice of violation was attached to the vehicle, pay to the city the sum $100. If any person fails to pay the sum within 72 hours, he or she shall pay to city the sum of $110.
(Ord. 22, passed 7-8-2010)
TITLE IX: GENERAL REGULATIONS
Chapter
90. LITTERING
91. ANIMALS
92. HEALTH AND SANITATION; NUISANCES
93. INOPERABLE, ABANDONED VEHICLES
94. STREETS AND SIDEWALKS
95. RECREATION
96. FIRE REGULATIONS
CHAPTER 90: LITTERING
Section
90.01 Definitions
90.02 Throwing or depositing in or upon streets, sidewalks, or public or private places
90.03 Sweeping into gutters, streets, or other public places
90.04 Litter not contained prohibited
90.05 Hauling
90.06 Construction sites
90.07 Loading or unloading options
90.08 Distribution of handbills
90.99 Penalty
§ 90.01 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
GARBAGE. Putrescible animal and vegetable wastes resulting from the storage, distribution, handling, preparation, and cooking and consumption of food.
HANDBILL. Any printed or written matter; any sample, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet; or any printed or otherwise reproduced original or copy of any matter of literature.
LITTER. Any quantity garbage, trash, refuse, rubbish, debris, or other waste material including, but not limited to, cans, bottles, jars, treated or untreated paper, wrappings, ashes, cigarettes, cardboard, rags, yard clippings, leaves, grass, wood, glass, crockery, dead animals, scrap metal, salvaged metal, and motor vehicle parts that are not in a container.
LITTER TO BE CONTAINED. Any litter which is not enclosed within a building or placed securely in a container designed or reasonably adapted for use as a place for storing litter for the purpose of collection for disposal.
(Prior Code, § 92.01)
§ 90.02 THROWING OR DEPOSITING IN OR UPON STREETS, SIDEWALKS, OR PUBLIC OR PRIVATE PLACES.
No person shall throw or deposit any litter in or upon any street, sidewalk, or other public place or any private property except in public or private containers designed and intended for the collection of litter. Persons placing litter in such containers shall do so in such manner as to prevent its being carried or deposited by the elements upon any street, sidewalk, or other public place or private property.
(Prior Code, § 92.02) Penalty, see § 90.99
§ 90.03 SWEEPING INTO GUTTERS, STREETS, OR OTHER PUBLIC PLACES.
No person shall sweep into or deposit in any gutter, street, or other public place within the municipality any accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
(Prior Code, § 92.03) Penalty, see § 90.99
§ 90.04 LITTER NOT CONTAINED PROHIBITED.
Any person being the owner, tenant, or person in control of any private property shall at all times maintain the premises free of litter that is not contained.
(Prior Code, § 92.04) Penalty, see § 90.99
§ 90.05 HAULING.
No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents, or litter from falling, being blown, or otherwise being deposited upon any street, alley, other public place, or any private property.
(Prior Code, § 92.05) Penalty, see § 90.99
§ 90.06 CONSTRUCTION SITES.
(A) No person being the owner or person in charge of any property upon which a structure is being constructed or demolished shall permit the accumulation of litter that is not contained upon such property or permit litter therefrom to become blown or scattered upon such property or any property or public place.
(B) No person being the owner of any property upon which a structure is being constructed or demolished shall fail to provide adequate containers to hold all litter produced upon such property or otherwise appearing thereon.
(Prior Code, § 92.06) Penalty, see § 90.99
Cross-reference:
Unauthorized use of city garbage containers/unauthorized dumping, see § 92.073
§ 90.07 LOADING OR UNLOADING OPTIONS.
No person owning or having charge of any premises upon which objects or materials are being loaded upon or unloaded from any vehicle or other device for conveyance shall permit any litter that is not contained resulting from such loading or unloading to accumulate upon such property or to be blown or scattered upon such property or any other property or public place.
(Prior Code, § 92.07) Penalty, see § 90.99
§ 90.08 DISTRIBUTION OF HANDBILLS.
(A) No person shall throw or deposit any handbill in or upon any street, sidewalk, wall, pole, or public place, nor shall any person throw, deposit, or place any handbill upon any vehicle without the specific and immediate consent of the person having charge of such vehicle.
(B) This section shall not prohibit the handing out of handbills to persons willing to receive such handbill.
(Prior Code, § 92.08) Penalty, see § 90.99
§ 90.99 PENALTY.
Violation of any provision of this chapter may be punishable by not more than 30 days in jail or a fine not to exceed $500 or both.
(Prior Code, § 92.99)
Statutory reference:
Maximum penalty, see SDCL § 9-19-3
CHAPTER 91: ANIMALS
Section
General Provisions
91.001 Scope and purpose
91.002 Definitions
91.003 Certain animals prohibited
91.004 Exceptions
91.005 Animals to be impounded; redemption
91.006 Chemical immobilization
91.007 Dangerous animals
91.008 Enforcement
91.009 Exemptions
Dogs and Cats
91.020 Rabies certificate
91.021 Running at large
91.022 Impoundment and disposition
91.023 Redemption or destruction
91.024 Kennels
91.025 Dogs’ behavior
91.026 Defecation
91.027 Number of pets limited
Animal Cruelty
91.040 Cruelty to animals generally
91.041 Teasing and molesting
91.042 Killing, injuring, poisoning
91.043 Animal fights
91.044 Abandonment
Rabies Control
91.055 Impounding for observation
91.056 Keeping rabid animals
91.057 Report of suspected cases
Enforcement
91.070 Failure to comply with a warning ticket
91.071 Record keeping requirements
91.072 Payment of fees and charges
91.999 Penalty
GENERAL PROVISIONS
§ 91.001 SCOPE AND PURPOSE.
The purpose of this chapter is to regulate the existence of animals with the city to assure the safety of the public while also assuring the humane treatment of animals within the city.
(Ord. 33, passed 7-8-2010)
§ 91.002 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any mammal, bird, reptile, amphibian, or fish except humans.
ANIMAL CONTROL OFFICER. Any person appointed to perform this duty as provided by this chapter or any police or law enforcement officer of the city.
ANIMAL SHELTER. Any premises designated by the action of the city for the purpose of impounding and caring for all animals found to be in violation of this chapter.
APPOINTED DESIGNEE. Any person appointed by or employee of the city or, in the case of a disaster or other emergency situation, any member of an animal rescue or animal care group authorized by the city.
AT LARGE. Any animal off the property of its owner and not under the immediate control of a competent person.
EXPOSED TO RABIES. An animal bitten by or has been exposed to any animal know to or suspected of being infected with rabies.
KENNEL. Any person or corporation engaged in the commercial business of breeding, buying, selling, or boarding animals. This definition shall not apply to the owner of only one breeding matron.
LEASH. A cord, thong, or chain not more than ten feet in length by which a dog is controlled by the person accompanying it. A dog in an automobile is considered on the owner’s property.
LIVESTOCK. This includes but is not limited to horses, mules, cattle, bison, burros, llamas, alpacas, swine, sheep, and goats. Poultry includes but is not limited to chickens, turkeys, game birds, peafowl, and ostriches.
OWNER. Any person, groups of persons, or corporations owning, keeping, or harboring an animal.
RESTRAINT. An animal controlled by a leash, “at heel” beside a competent person, and obedient to that person’s commands, in a vehicle, if attached to said vehicle or confined inside of the vehicle, in such a manner as not to allow it to reach outside the confines of that vehicle, or within a vehicle being driven on the street or parked within the property limits of its owner or keeper.
SHELTER TECHNICIAN. Any person who is employed by the city to care for the daily needs of food, water, and shelter of any animal impounded by the Animal Control Officer.
SPAYED FEMALE. A matron that has undergone surgery to prevent conception and whose owner can provide suitable proof of said surgery.
No person shall allow, bring, keep, or maintain, into or within the city, whether under control or at large, any horse, cow, mule, swine, sheep, goats, fowl (chickens), and pigeons except as otherwise provided in § 91.004.
The animals mentioned in § 91.003 shall be allowed within the city only when:
(A) Livestock and poultry that are maintained and kept on properties zoned agriculture and kept in fenced pastures;
(B) They are used or are part of a legally authorized circus, menagerie, or carnival;
(C) They are used in or are part of a legally authorized parade, provided that such animals shall only be allowed within the city for said purpose for the length of time necessary to participate in said parade;
(D) They are in the process of being transported from one area outside of the city to another, in which case they shall be in constant supervision and control of the owner, manager, or driver and such transporting shall be done with all due speed and care;
(E) They are on the premises of a duly licensed stock exchange, livestock sale ring, or veterinarian hospital;
(F) They are part of a legally authorized livestock show or exhibition; and
(G) They are animals of an exotic nature. There shall be no more than one such species on any premises and the owner shall have received prior approval of the Board of Commissioners and Animal Control Officer before the animal is allowed on premises with a time frame on when the species is to be removed from the city.
(Ord. 33, passed 7-8-2010)
§ 91.005 ANIMALS TO BE IMPOUNDED; REDEMPTION.
It shall be the duly of the Animal Control Officer to impound any animal found in violation of the provisions of this chapter, and any persons claiming any animal so impounded shall pay the shelter and city any fees or fines before its discharge from the animal shelter.
(Ord. 33, passed 7-8-2010)
§ 91.006 CHEMICAL IMMOBILIZATION.
The Animal Control Officer or her or his duly appointed designee is hereby authorized to use, operate, and possess such devices that are designated to propel projectiles for the purpose of intermuscular injection of drugs used in the humane capture of animals. Any person using the above-described devices shall have specialized training in the use of the device; any and all departmental policies concerning the device; and in the drugs, in the proper use of the drugs, and in the care of the animal after such drugs have been injected.
(Ord. 33, passed 7-8-2010)
§ 91.007 DANGEROUS ANIMALS.
(A) It shall be unlawful for any person to allow or maintain, run at large, or display in a crowded area within the city any animal of a venomous, vicious, ferocious, or dangerous habit, nature, or disposition. Any such found running at large within the city may be impounded or disposed of by the Animal Control Officer. All persons or organizations authorized by the city are excluded from this provision.
(B) An animal may be declared to be a vicious animal by the Police Chief under the following:
(1) An animal which, in a vicious or terrorizing manner, approaches in apparent attitude of attack, or bites, inflicts, injury, assaults, or otherwise attacks a person or other animal upon any public ground or place;
(2) An animal which on private property in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, inflects injury, or otherwise attacks a person or other animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of course of dealing with the owner or occupant of such property; or
(3) Any animal of a known propensity, tendency, or otherwise threaten the safety of human beings or animals.
(4) No animal may be declared vicious if the injury or damage is sustained to any person or animal who was tormenting, abusing, or assaulting the animal or who was trespassing on the property by committing or attempting to commit a crime.
(5) When the Police Chief declares an animal to be vicious, the officer shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal. Said notice shall be served either in person or by mailing such notice by certified mail.
(C) The owner of an animal that has been declared vicious shall make application to Police Chief to register said vicious animal and shall comply with the following:
(1) Annually renew a vicious animal application at a fee of $75 and addition to the regular license;
(2) Maintain $250,000 in liability insurance;
(3) The owner of the animal shall notify the Police Department of any changes in the following:
(a) Ownership of the animal;
(b) Name, address, and telephone number of a new owner;
(c) Address change of the owner or any change in where the animal is housed;
(d) Any change in the health status of the animal or death of the animal.
(4) If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than four feet, and under the control of a person over the age of 18 years of age; and
(5) If the animal is outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the city with the following conditions.
(a) Fencing material shall not have openings with a diameter of more than two inches.
(b) Any gates within such pen or structure shall be lockable and such design to prevent the entry of children or escape of the animal.
(c) The pen or structure shall have secure sides and top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded in the ground or concrete.
(d) The pen or structure shall protect the animal from the elements.
(e) The pen or structure may be required to have a double exterior wall to prevent the insertion of fingers or other objects.
(f) A universal sign denoting a vicious animal shall be displayed on the pen or structure visible from the sidewalk/street.
(g) The kennel or structure shall be inspected annually by the Police Department. A fee of $50 for the inspection will be responsibility of the owner.
(h) The owner of the animal shall present proof to the Police Department that the animal has been altered to prevent reproduction.
(I) The vicious animal shall be impounded at the owner’s expense until such time as the provisions of this chapter are complied with.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.008 ENFORCEMENT.
The provisions of this chapter shall be enforced by the city’s Police Department and its duly appointed Animal Control Officer or designees.
(Ord. 33, passed 7-8-2010)
§ 91.009 EXEMPTIONS.
Hospitals, clinics, and other premises operated by a licensed veterinarian for the care and treatment of dogs or cats are exempt from provisions of this chapter.
(Ord. 33, passed 7-8-2010)
DOGS AND CATS
§ 91.020 RABIES CERTIFICATE.
Every person who keeps, maintains, or has in her or his control dog or cat within the city shall have the dog or cat inoculated for the prevention of rabies at least every two years with the modified live virus. It shall be the duty of the owner of the dog or cat to place a collar around the neck of each dog or cat so owned or kept by her or him which the metallic rabies tag furnished by a licensed veterinarian shall be securely fastened. It shall be unlawful for any person to keep or harbor any dog or cat over the age of six months without obtaining the rabies certificate from a licensed veterinarian.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.021 RUNNING AT LARGE.
(A) General. Any person who owns or who has under his or her care a dog or cat shall not allow said dog or cat to run at large in the city, and said dog or cat, when present within the city, shall be on a leash controlled by a person, be properly secured to a leash which has been tied to an immovable object, or be confined within an enclosure sufficient to keep said dog or cat restrained from escaping such enclosure. No dog or cat shall be leashed to an immovable object so as to permit the dog or cat to walk on or over any public sidewalk, street, or property of another person other than that of the owner of said dog or cat. Any dog or cat not confined by leash or enclosure as set forth herein is hereby declared to the running at large and is declared to be public nuisance. When dogs or cats are found running large and their ownership can be discovered by examination of any rabies license, which must be affixed to the dog or cat, or by inquiry of any person residing in the immediate vicinity where the dog or cat was first taken in possession, such dog or cat need not be impounded, but the Animal Control Officer may cite the owner of such dog or cat to appear in court to answer charges of violations of this chapter. Such citation shall state the violation date, time, location, breed, and color of the dog or cat, if known, and the name and address of the owner of said dog or cat. Said notice shall direct the owner to appear before the magistrate court to answer to the charge of such violation.
(B) Public park and recreation area and cemetery. It shall be unlawful to have any animal in any public park and recreation area or cemetery within the city except under leash control and on designated roads and walkways. This excludes all persons or organizations authorized by the city.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.022 IMPOUNDMENT AND DISPOSITION.
Any dog or cat found running at large as defined in this chapter may be taken by the Animal Control Officer and impounded in the animal shelter to be confined in a humane manner. Any animal impounded and not claimed by its owners at the expiration of five days may be disposed of at the discretion of the Animal Control Officer, or appointed designee, except as hereinafter provided in certain cases of certain dogs or cats. Immediately after impounding such dog or cat before euthanizing or disposing of it, the owner shall be given notice of the conditions whereby he or she may regain possession of such dog or cat. If any owner has requested his or her animal to be euthanized and disposed of humanely, the Animal Control Officer or appointed designee may collect from said owner a fee that will cover the cost of such euthanization or disposal.
(Ord. 33, passed 7-8-2010)
§ 91.023 REDEMPTION OR DESTRUCTION.
During the period of possession, any person shall pay fees for impound and having a current rabies certificate may redeem and obtain possession of a dog or cat that was untagged or tagged and thereby impounded. If the owner of any impounded dog or cat, under the provisions of this chapter, shall fail to redeem such dog or cat within three consecutive days, not counting Sunday and holidays, after such impounding, said dog or cat shall be disposed of by humane euthanization. The Animal Control Officer may euthanize by a humane manner any sick or injured animal which has been impounded without holding it for three days if its condition is such that euthanization is the most humane manner to dispose of the animal.
(Ord. 33, passed 7-8-2010)
§ 91.024 KENNELS.
(A) License required. Any person owning, possession, keeping, or desiring to keep or maintain with the city a kennel composed of three or more animals of any one species shall obtain from the city a license therefor before such kennel may be kept or maintained. For purpose of this provision, anyone keeping three or more of any animal species shall be deemed to operate a kennel and shall comply with specifically all provisions of this chapter relating to and in addition to all requirements of this section.
(B) License fee for kennel. License or animal renewal inspection fee shall be $25 per year. The Animal Control Officer shall do annual inspection and renewals.
(C) License maintained. Every person desiring to obtain a kennel license provided for herein shall make application on a form by the city. Along with the application, the applicant shall also provide to the city the written consent of the majority of the persons of full age residing with 400 feet of the exterior boundaries of the premises where such kennel is proposed to be located and kept. The city’s designee shall make a site inspection and submit in writing the site inspection report, application, and written consent to the Board of Commissioners. The report shall state the name and place where such kennel is to be located and the size of the kennel proposed to be kept. Then, upon payment of the license fee as herein provided and upon the approval of the Board of Commissioners, the license shall be issued. The approval of Board of Commissioners shall be conditional upon compliance with all applicable zoning laws, all provisions of this chapter relating to the keeping of animals generally, and all other properly promulgated rules and regulations of the state and the city relating to the keeping of animals.
(Ord. 33, passed 7-8-2010)
§ 91.025 DOGS’ BEHAVIOR.
(A) Dogs with destructive habits. It shall be unlawful for any person to permit or suffer to run at large within the city any dog with destructive habits or disposition which destroys property other than that of his or her owner or is in the habit of barking at persons passing along or using the streets and public sidewalks of the city. The Animal Control Officer under proper authority is hereby empowered to impound any such animal.
(B) Barking dogs. No person owning or possessing any dogs, licensed or unlicensed, confined on the premises or otherwise, shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by continuous barking or howling or making other loud or unusual noises. It shall be the duty of any person in possession of any such dog which disturbs the peace and quiet to dispose of the disturbance, even if disposing of the dog is the only effective means.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.026 DEFECATION.
(A) Restriction. No owner, keeper, caretaker, or attendant of an animal shall allow animal to defecate on public or private property other than her or his own. If such animal does defecate on said property, the owner must immediately and thoroughly clean the fecal matter from such property.
(B) Fecal clean up requirement. Anyone walking an animal on public or private property other than her or his own must carry with her or him a means of cleaning up any fecal matter left by the animal. Animals used in parades or involves in law enforcement are exempt from this chapter.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.027 NUMBER OF PETS LIMITED.
It is unlawful for any person to have or to keep more than four domestic pets over the age of six months old, except birds or fish or indoor cats on any lot or premises in the city, unless such person residing in or on the premises has a valid kennel license issued by the city. The humane society, Veterinarian Officer, and retail pet stores are exempt from the provisions of this section.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
ANIMAL CRUELTY
§ 91.040 CRUELTY TO ANIMALS GENERALLY.
No person shall cruelly treat any animal in any way. Any person who inhumanely beats or wantonly or maliciously tortures, deprives of necessary sustenance, drink, or shelter, or overloads, abandons, mutilates, or cruelly kills any animals shall be deemed guilty of a violation of this chapter.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.041 TEASING AND MOLESTING.
Any person who inhumanely teases, molests, baits, or in any way bothers any way bothers any animal shall be deemed guilty of a violation of this chapter.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.042 KILLING, INJURING, POISONING.
It shall be unlawful for any person to willfully or maliciously kill, wound, or injure any animal in any way except as to protect the lives of any person or livestock from being attacked by such animal; to willfully or maliciously administer poison to any animal which is the property of another person; or to expose any such poison substance with the intent that the same shall be taken and swallowed by any dog or cat or any animal which is the property of another person.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.043 ANIMAL FIGHTS.
No person shall willfully allow any animal to fight, worry, or injure another animal, nor shall any person keep any house, pit, or other place to be used in permitting any fighting, worrying, or injuring of animals.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.044 ABANDONMENT.
It shall be unlawful for any person to abandon any animal upon a public right-of-way, upon the property of another, or upon property owned by that person within the city.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
RABIES CONTROL
§ 91.055 IMPOUNDING FOR OBSERVATION.
(A) When any person owning or harboring an animal has been notified that said animal has bitten or attacked any person, the owner must immediately place the animal under the care and observation of the Animal Control Officer or a licensed veterinarian for a period of not less than ten days; however, in those cases where the animal is a dog and the owner has a current rabies vaccination for the said dog, the Officer may, if he or she feels the facilities are adequate and if the owner is a responsible person, allow the quarantine of the dog on the owner’s premises. In such a case, the owner must sign a statement in which the owner recognizes and assumes the responsibility that is involved with the quarantine of a dog that has bitten. A quarantined dog must, at all times, be available for inspection during the quarantine.
(B) At the end of the ten-day period of observation, the animal shall be examined by a veterinarian or the Animal Control Officer and, if cleared, may be reclaimed by the owner. The owner must pay the expense incurred incident thereto.
(C) Any animal impounded or placed for observation showing active signs or rabies, suspected of having rabies, or known to have been exposed to rabies shall be confined under competent observation for such time as may deemed necessary to determine a diagnosis.
(D) Any animal that has bitten or attacked and cannot be captured, shows of or is suspected of rabies, or any animal that has no confirmable rabies vaccination history may be destroyed in such a manner that the head is not damaged and can be submitted for rabies examination to a laboratory.
(E) Every unvaccinated animal bitten by another animal showing positive symptoms of rabies shall be forthwith destroyed or shall, at the owner’s option and expense, be held for observation for not less than six months under direct supervision of a veterinarian and the animal is to receive a rabies vaccination one month prior to its release from observation.
(F) Every owner having knowledge that his or her animal has bitten or is suspected of biting a human being shall forthwith report the same to the Police Department for disposition of said animal under the provisions of the chapter.
(Ord. 33, passed 7-8-2010)
§ 91.056 KEEPING RABID ANIMALS.
No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to be infected with rabies.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
§ 91.057 REPORT OF SUSPECTED CASES.
(A) General. Any person who shall suspect any animal in the city to be infected with rabies shall report said animal to the Animal Control Officer, describing the animal and giving the name and address of the owner if known.
(B) Veterinarians. Veterinarians within the city receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to any Animal Control Officer in the city.
(C) Physicians. Physicians within the city, immediately upon treatment of any person bitten by an animal, shall report such information to any Animal Control Officer of the city.
(D) Investigation.
(1) For the purpose of discharging the duties imposed by this chapter and to enforce the provisions thereof, any Animal Control Officer, or her or his appointed designee, is empowered to enter any premises upon which an animal is kept or harbored and to demand the extradition, by the owner of such animal, of the license or a valid rabies certificate for said animal. It is further provided that the Animal Control Officer, police officer, or her or his appointed designee may enter upon the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal if there is probable cause to believe an animal or animals have been treated inhumanely.
(2) The Animal Control Officer, police officer, or her or his appointed designee is hereby authorized to follow and enter upon any enclosure or lot within the city in quest of any animal suspected of being infected by rabies or to apprehend any dog which has been observed running at large.
(E) Interference. No person shall interfere with, hinder, or molest any official in the performance of any duty of his or her office, or seek to release any animal in the custody of the Animal Control Officer except as herein provided.
(Ord. 33, passed 7-8-2010) Penalty, see § 91.999
ENFORCEMENT
§ 91.070 FAILURE TO COMPLY WITH A WARNING TICKET.
It is unlawful for any person to fail or refuse to comply with the provisions of requirements of a warning ticket lawfully issued under this chapter.
(Prior Code, § 93.117) Penalty, see § 91.999
§ 91.071 RECORD KEEPING REQUIREMENTS.
It shall be the duty of the shelter manager and the Animal Control Officer to keep, or cause to be kept, accurate and detailed records of the licensing, finding, impoundment, and disposition of all animals and owners coming into his or her custody. It shall be the duty of the Animal Control Officer and shelter manager to keep, or cause to be kept, accurate and detailed records of all bite cases provided to him or her and his or her investigation of the same. It shall be the duty of the shelter manager to keep, or cause to be kept, accurate and detailed records of all moneys belonging to the municipality.
(Prior Code, § 93.118)
§ 91.072 PAYMENT OF FEES AND CHARGES.
No person may avoid payment of licenses or impoundment fees prescribed by this chapter or charges for veterinarian services or rabies observation costs incurred under this chapter by stopping payment on any check or issuing an insufficient funds check.
(Prior Code, § 93.119) Penalty, see § 91.999
§ 91.999 PENALTY.
(A) Any violation of the provisions of this chapter is a Class II misdemeanor punishable by the maximum punishment set forth by the laws of the state pursuant to SDCL § 22-6-2. Said punishment may also include payment of any costs and/or restitution authorized by this chapter and/or state law.
(B) (1) In addition to the remedies provided in this chapter, any person violating any provision of this chapter shall be subject to the general penalty provision as set forth in division (A) above unless otherwise specifically provided, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(2) Any citation for an ordinance issued by the city pursuant to the terms of the city’s ordinances may be appealed to the Board of Commissioners in writing and within 15 days of the issuance of the citation. Such written notice of appeal shall be submitted to the city’s Finance Office. All appeals shall be heard and decided by the Board of Commissioners.
(C) Any person, firm, or corporation violating any provision of §§ 91.070 through 91.072 shall be guilty of a second degree misdemeanor and punished by a fine of not more than $500 or by confinement not to exceed 30 days in the county jail, or both fine and imprisonment.
92.019 Notice of review by Legal and Finance Committee
92.020 Issuance of ticket of violation
92.021 Abatement
92.022 Landowner responsible for costs
Weeds, Trees, Bushes
92.035 Weeds and noxious vegetation
92.036 Overhanging tree limbs and bushes
92.037 Notice to cut vegetation
92.038 Removal
Non-Domestic Animals
92.050 Building materials not to provide for harborage for animals
92.051 Notice to owner from Health Officer
92.052 Action required by owner
92.053 Food and/or feed protection
92.054 Feeding of big game animals prohibited
Waste Removal
92.065 Depositing of filth and obnoxious/offensive substances
92.066 Deposits prohibited
92.067 Manure
92.068 Stagnant water
92.069 Dead animals
92.070 Keeping or using putrid materials
92.071 Unwholesome business
92.072 Scattering papers
92.073 Unauthorized use of city garbage containers/unauthorized dumping
92.999 Penalty
GENERAL PROVISIONS
§ 92.001 SCOPE AND PURPOSE.
The purpose of this chapter is to regulate acts, conditions, and things that are or may be injurious to the health and/or safety of the public; that are indecent or offensive to the senses; or that are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of another’s life or property.
(Ord. 1.90A, passed 5-15-2014)
§ 92.002 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BIG GAME ANIMAL. Any cloven-hoofed wild animal, mountain lion, or wild turkey.
DAMAGED BUILDING. Any structure and/or building which has been destroyed or damaged by natural disasters or fire and has not been torn down, salvaged, or repaired.
DILAPIDATED BUILDINGS. Any structure, which, because of the lack of maintenance, has become a fire hazard or a public health or safety hazard.
FIREWORKS. A device consisting of a combination of explosives and combustibles, set off to generate colored lights, smoke, and noise for amusement.
GARBAGE. Cans, bottles, ashes, kitchen refuse, and/or an accumulation of animal and vegetable matter which attends the preparation, cooking, and eating of food, cans, bottles, and ashes.
IMPURE WATER. Any well or other supply of water used for human consumption or for household purposes which has become polluted.
INDECENT. Conduct or language patently offensive in its content or application.
LICENSED PREMISES. Any premises which is licensed to allow sexually oriented performing and which is licensed for the sale of alcoholic beverages.
NUDITY. The showing of the human male or female genitals with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernable turgid state.
NUISANCE. Anything which is injurious to the health or safety, is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.
RODENT HARBORAGE. Any condition which provides shelter or protection for rodents thus favoring the rodents’ multiplication and continuous existence in, under, or around a structure of any kind.
RODENTS. Any non-domestic animal, including but not limited to rats, skunks, and raccoons.
RUBBISH. Any waste other than garbage, including paper, boxes, cartons, wastes from gardens and lawns, and tree branches.
SEXUAL CONDUCT. Any act of masturbation, sexual intercourse, or other physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, the breast.
STAGNANT WATER. Any excavation, pond, or low-lying area, public or private, in which water has become stagnant, has produced mosquito larvae, and/or has an offensive odor.
WASTE MATERIAL. Any noncombustible inorganic matter, including but not limited to ashes, glass, sand, earth, stones, concrete, mortar, metals, and tin cans.
WRECKED VEHICLE. Any automobile which, because of body damage or operating apparatus, including tires and wheels, is in such a condition to render the start, legal operation, or use of said automobile impossible.
(Ord. 1.90A, passed 5-15-2014)
GENERAL NUISANCES
§ 92.015 DEEMED NUISANCES.
The following specific acts, conditions, and things are each declared a public nuisance; however, this enumeration shall not be deemed to be exclusive:
(A) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any garbage, refuse, or waste which is likely to cause or transmit disease or which is a hazard to health;
(B) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any rubbish. This provision shall not include building materials for sale used on pending construction;
(C) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any waste material. This provision shall not include materials which are not human-made and are used to fill a site for the purpose of construction or land leveling;
(D) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any abandoned, discarded, or unused furniture, refrigerators, washing machines, dryers, stoves, sinks, toilets, cabinets, or household furnishings/fixtures, and/or storing said items in such a manner as to be visible to the public from adjoining property, public alleys, or streets;
(E) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any vehicle or vehicles that is/are abandoned, wrecked, dismantled, or inoperative, including any vehicle with flat tires, missing wheels, and the like;
(F) (1) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any automobile or automobiles which is/are non-licensed automobiles or because of body damage, or operating apparatus, including tires and wheels, is/are in such a condition to render the start, legal operation, or use of said automobile or automobiles impossible; and
(2) Any vehicle which is left for repair at a regularly operated repair garage is exempt from this section.
(G) Any trailer, recreational vehicle, or implement which is left standing on a public right-of-way for a period of 36 hours or longer;
(H) Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any trees and/or bushes that interfere with the health, safety, or enjoyment of another;
(I) Damaged buildings;
(J) Dilapidated buildings;
(K) Impure water;
(L) (1) Undressed hides, which for any reason are kept longer than 24 hours; and
(2) Hides which are kept at a place where they are to be manufactured into items such as gloves, coats, and the like and are stored inside an approved structure which complies with all health regulations for such manufacturing shall be exempt from this section.
(M) (1) The accumulation of manure; and
(2) Manure accumulated to be properly used as a fertilizer shall be exempt from this section.
(N) Rodents;
(O) Stagnant water;
(P) Any dead animal remaining on any public or private ground for a period of more than 24 hours;
(Q) Depositing, placing, letting fall, or throwing materials into a pond, pool, or waterway as to pollute said water;
(R) Erecting or maintaining any privy or cesspool unless approved by the Board of Commissioners and the State Department of Environment and Natural Resources;
(S) (1) Ignition of any bonfire or campfire on public or private property;
(2) Campfires which are placed in approved fire rings and are in conjunction with a year-round, state-licensed campground shall be exempt from this section; and
(3) Approved campgrounds shall receive approval from the Fire Chief in writing prior to burning.
(T) Parking or allowing a livestock truck, trailer, or any other vehicle which gives off an offensive odor or contains an offensive substance or other filth on any public or private grounds;
(U) Causing or allowing any offensive, foul odors or stenches that are dangerous or offensive to the neighborhood to be emitted from public or private property;
(V) Causing or allowing pieces of paper, newsprint, excelsior, handbills, posters, building paper, advertisements, or other materials to be carried about by the winds;
(W) Leaving or allowing to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his or her control, in a place accessible to children, any non-operating ice box, refrigerator, or other container without first removing said door or lid for said ice box, refrigerator, or container; or
(X) Depositing or placing any offal, filth, filthy waters, human or animal waste, or obnoxious liquid substances, including, for example, but not limited to: petroleum products such as oil and gasoline, on any private lot or public grounds.
(Ord. 1.90A, passed 5-15-2014)
§ 92.016 FILING A COMPLAINT.
(A) Unless otherwise stated in this chapter, in the event any city representative receives a complaint, either orally or in writing, he or she shall forward the complaint to the Code Enforcement Officer for investigation.
(B) As part of the investigation, the Code Enforcement Coordinator shall obtain the following information in writing:
(1) Name, address, and phone number of the person making said complaint;
(2) Address of the property for which the complaint is being filed; and
(3) Nature of the complaint.
(C) After obtaining the necessary information from the complainant, the Code Enforcement Coordinator will request assistance from the Code Enforcement Officer or request an investigation by a more appropriate city employee and/or agent as is necessary based upon the nature of the complaint.
(Ord. 1.90A, passed 5-15-2014)
§ 92.017 NOTICE OF VIOLATION; RIGHT TO REVIEW.
(A) Courtesy letter/notice of violation.
(1) Unless otherwise stated in this chapter, in the event the Code Enforcement Coordinator, Code Enforcement Officer, and/or agent finds that any violation exists, the Code Enforcement Coordinator shall send a courtesy letter/notice of violation to the property owner.
(2) The letter shall state the following:
(a) Name and address of the property owner;
(b) Address and legal description of the property in violation;
(c) Nature of the violation;
(d) Title, chapter, and section violated;
(e) Demand that the property owner become compliant; and
(f) The date upon which the representative will inspect the property for compliance.
(B) Notice to complainant and right to review.
(1) In the event the Code Enforcement Coordinator or Code Enforcement Officer and/or agent concludes that a violation does not exist, the Code Enforcement Coordinator shall send a letter to the complainant within 15 days of advising her or him of said determination. In the event that the complainant is not satisfied with the investigation and subsequent determination, said complainant may file a written request for review.
(2) The process shall be as follows.
(a) An aggrieved person shall first file a written request for review with the Code Enforcement Coordinator setting forth the basis for which she or he believes the decision that a violation does not exist to be in error. The writing shall also include the person’s name and mailing address.
(b) Upon receipt of the written request for review, the Code Enforcement Coordinator shall notify the Public Safety Commissioner.
(c) The Public Safety Commissioner shall have 30 days to review the case and give its decision in writing to the complainant.
(Ord. 1.90A, passed 5-15-2014)
§ 92.018 ABATEMENT OR FILING OF REVIEW REQUIRED.
Any person who has received written notification of an existing violation shall either abate said nuisance or file a written notice of review with the Code Enforcement Coordinator within 15 days of receipt of the courtesy letter/notice of violation.
(Ord. 1.90A, passed 5-15-2014)
§ 92.019 NOTICE OF REVIEW BY LEGAL AND FINANCE COMMITTEE.
(A) Any person who disagrees with the determination of a violation by the Code Enforcement Coordinator or Code Enforcement Officer and/or agent shall have the right to have the Public Safety Commissioner review the decision.
(B) The process shall be as follows.
(1) An aggrieved person shall first file a written request for review with the Code Enforcement Coordinator setting forth the basis for which he or she believes the decision that a violation exists to be in error. The writing shall also include the person’s name and mailing address.
(2) Upon receipt of the written request for review, the Code Enforcement Coordinator shall notify the Public Safety Commissioner.
(3) The Public Safety Commissioner shall have 30 days to review the case and give his or her decision in writing to the landowner.
(Ord. 1.90A, passed 5-15-2014)
§ 92.020 ISSUANCE OF TICKET OF VIOLATION.
If the landowner fails to abate the nuisance or request a review from the Public Safety Commissioner within the given time, the city may issue a complaint and summons to the landowner ordering the landowner to appear in court to answer said violation. Each violation may be considered a Class II misdemeanor for each day of violation until the nuisance is abated.
(Ord. 1.90A, passed 5-15-2014)
§ 92.021 ABATEMENT.
(A) General.
(1) In lieu of or in addition to the issuance of a complaint and summons to appear in court, for violation of this chapter, the city shall also have the authority to abate said nuisance as set forth in SDCL § 21-10-6.
(2) The Code Enforcement Coordinator or Code Enforcement Officer and/or agent that conducted the investigation shall have the authority to employ a contractor to assist with said abatement.
(B) Immediate abatement required in certain cases.
(1) Nuisance cases involving subjects such as, but not limited to, bonfires, campfires, dead animals, undressed hides, depositing filth, spoiled foods, or similar items which are determined by the Code Enforcement Coordinator or Code Enforcement Officer to be an immediate threat to public health and safety shall be abated immediately, unless it is otherwise dictated by the Code Enforcement Coordinator or Code Enforcement Officer of the city.
(2) Sections 92.017(B) through 92.020 shall not be applicable to nuisances deemed to be in need of immediate abatement due to the threat to public health and safety.
(3) In the event the violator refuses to comply with the orders of the city, the city may have the nuisance abated immediately at the owner’s expense.
(4) Nothing in this chapter shall be deemed to interfere with the city’s authority to immediately abate a nuisance that has been determined by the city to be an immediate threat to public health and safety.
(Ord. 1.90A, passed 5-15-2014)
§ 92.022 LANDOWNER RESPONSIBLE FOR COSTS.
(A) Any related expenses, receipts, and administrative, legal, and/or investigative fees shall be billed to the landowner.
(B) In the event the landowner fails to pay said bill within 30 days, the city’s Finance Officer may file a special assessment on the property with the County Auditor’s office.
(C) In the event the nuisance abated is an unsafe or dilapidated building, junk, trash, debris, or similar nuisance arising from the condition of the property, the city may commence a civil action against the owner of the real property for its costs of abatement in lieu of taxing the cost by special assessment.
(Ord. 1.90A, passed 5-15-2014)
WEEDS, TREES, BUSHES
§ 92.035 WEEDS AND NOXIOUS VEGETATION.
(A) All weeds and plants declared to be dangerous or noxious weeds by the state’s Department of Agriculture or the Commission of State Weed Control or the Board of Commissioners, and all other weeds suffered or allowed to grow during the growing season which are declared noxious, dangerous, or unhealthy vegetation, are hereby declared a public nuisance. It shall be the duty of the property owner of any lot within the city to cut such noxious vegetation at such time as necessary to prevent its growth.
(B) No landowner shall allow domestic grass, weeds, or noxious vegetation to grow to a height or length of more than eight inches.
(A) The limbs of trees or bushes hanging less than 12 feet in height above the driving surface of all streets within the city limits shall be declared a public nuisance and shall be removed as stated in §§ 92.052 and/or 92.053.
(B) Due to public safety concerns, the full width of sidewalks shall be kept clear of all vegetation between the walking surface and eight feet above the walking surface.
(C) All limbs of trees or bushes which are hanging less than eight feet in height above the walking surface of all sidewalks within the city shall be declared a public nuisance and shall be removed as stated in §§ 92.052 and/or 92.053.
(D) The Police Chief may declare all trees or bushes which cause or may in the future cause a traffic or visibility problem a public nuisance; in addition, the Police Chief may, because of public safety, order said vegetation removed immediately.
(E) It shall be the duty of all landowners to keep all overhanging trees and bushes herein described cut down and removed on all lots owned or occupied by them, and to the middle of the street abutting the land owned or occupied by them.
(Ord. 1.90A, passed 5-15-2014)
§ 92.037 NOTICE TO CUT VEGETATION.
(A) The Code Enforcement Officer, at any time during the growing season, shall notify landowners in writing by certified mail or in person with a return of service. Upon service, the landowner shall have ten days in which to remove the violation, unless the city determines that a shorter period of time is necessary, in which case the notice shall so state.
(B) This notice shall, in addition, inform the landowner that she or he is required to keep all vegetation cut and in compliance with the city’s ordinances throughout the growing season.
(C) After receiving the initial notice to cut any grass, overhanging limbs, weeds, trees, and the like, then landowner shall be required to abate any similar nuisance within five days of written notification. Nothing in this subchapter shall be construed as requiring the city to give subsequent notices and the city may proceed to abate similar nuisances without giving subsequent notices if cleaned appropriate in its discretion.
(D) Notices shall include the following information:
(1) Landowner’s name and address;
(2) Address of property in violation;
(3) Legal description of property;
(4) Ordinance section violated;
(5) Requirements of the ordinance; and
(6) Required completion date.
(E) The landowner may appeal the case in writing to the Finance Officer as stated in § 92.038 with one exception: the landowner must make said appeal within the time frame set for removal of the nuisance. If the landowner fails to make a written appeal within this time frame, the nuisance may be abated as stated in § 92.038.
(Ord. 1.90A, passed 5-15-2014)
§ 92.038 REMOVAL.
(A) If the owner of said property fails to remove or cut vegetation within the given time allowed by ordinance, the Code Enforcement Coordinator may cause such vegetation to be removed.
(B) The city or its designee may enter upon the property for the purpose of removing or cutting vegetation which is in violation of this subchapter, with or without notice as determined by the city.
(Ord. 1.90A, passed 5-15-2014)
NON-DOMESTIC ANIMALS
§ 92.050 BUILDING MATERIALS NOT TO PROVIDE FOR HARBORAGE FOR ANIMALS.
No person shall permit to accumulate upon any premises, whether improved or vacant, or upon any open lot, alley, street, or drive, any lumber, boxes, barrels, bricks, stones, refuse, scrap, metal, iron, or other materials that may permit harborage for non-domestic animals.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.051 NOTICE TO OWNER FROM HEALTH OFFICER.
(A) When it has come to the attention of the Code Enforcement Coordinator, either by citizen complaint or by city staff, the Code Enforcement Coordinator shall notify the owner in writing by certified mail.
(B) The notice shall contain the following information:
(1) Owner’s name and address;
(2) The property address and legal description; and
(3) Nature of the violation.
(Ord. 1.90A, passed 5-15-2014)
§ 92.052 ACTION REQUIRED BY OWNER.
Upon receipt of written notice or order from the Code Enforcement Coordinator, the owner of any property specified in said notice or order shall take immediate steps for rodent-proofing said building and/or property. Unless said work and improvements required for such rodent-proofing have been completed by the owner of the property within the time specified or an extension has been granted, the owner shall be deemed to have violated the provisions of this subchapter.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.053 FOOD AND/OR FEED PROTECTION.
All food and/or feed, whether for human or animal consumption, shall be protected from non- domestic animals by storing in buildings, compartments, containers, or rooms which are rodent-proof.
(Ord. 1.90A, passed 5-15-2014)
§ 92.054 FEEDING OF BIG GAME ANIMALS PROHIBITED.
No person shall set out any grass, lawn cuttings, alfalfa, hay, grain, minerals, salts, fruits, vegetables, nuts, or commercial animal feed or food supplement for the purpose of the consumption by any big game animal with the intention of providing such animals with supplementary nutrition or dietary enhancement or with the intention of attracting any big game animal for viewing.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
WASTE REMOVAL
§ 92.065 DEPOSITING OF FILTH AND OBNOXIOUS/OFFENSIVE SUBSTANCES.
(A) Application of subchapter. The provisions of this subchapter shall only apply to nuisances caused by the following:
(1) Depositing of garbage or refuse;
(2) Depositing of rubbish;
(3) Depositing of waste material;
(4) Vehicles containing obnoxious, offensive, or nauseous substances;
(5) Offensive odors; or
(6) Depositing filth.
(B) Action to be taken by the city. The following guidelines and penalties shall apply only to this subchapter.
(1) Due to public health and safety concerns, once it has come to the attention of the city that one or more of the above listed nuisance violations have been committed, the Police Department may issue a ticket or the city may serve a complaint and summons to appear in court to answer for said violation.
(2) In addition, the Code Enforcement Coordinator or Code Enforcement Officer shall have the authority to have the nuisance abated, removed, or cleaned up immediately at the cost of the violator.
(3) When the Code Enforcement Coordinator or Code Enforcement Officer is dealing with a vehicle which contains obnoxious, offensive, or nauseous substances, he or she shall direct the owner to remove the vehicle. If the owner is unable to be found within a reasonable time, the Code Enforcement Coordinator or Code Enforcement Officer shall have the vehicle towed at the owner/driver’s expense. All towing and storage charges shall be assessed against the owner or driver of the vehicle before possession is returned. For purposes of this section only, a REASONABLE AMOUNT OF TIME shall be defined to be no longer than 30 days under any circumstances; however, nothing in this section shall prevent the city from taking immediate action when necessary to protect the health and safety of the public.
(Ord. 1.90A, passed 5-15-2014)
§ 92.066 DEPOSITS PROHIBITED.
No person shall deposit of place any offal, filth, filthy waters, garbage, ashes, waste water, sewage, tin cans, excrement, manure (except when used for brief periods and in a proper manner as a fertilizer), decaying fruit, vegetables, fish, meat, or bones, or any foul, putrid, or obnoxious liquid substances (including all gasoline and petroleum or products thereof), on any private lot, public thoroughfares (including all streets, highways, and sidewalks), or public grounds of the city. No person shall throw, let fall on, or permit to remain on any street, alley, or public ground any of the said materials while engaged in handling or removing the same.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.067 MANURE.
Manure shall not be allowed to accumulate anywhere in the city, and it shall be used only in the proper manner as a fertilizer.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.068 STAGNANT WATER.
No owner of any lot, or any other person responsible, shall allow the collection of any stagnant water on any lot or premises within the city.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.069 DEAD ANIMALS.
No owner or possessor of any animal which shall have died shall suffer the same to lie on any public ground, street, lane, or alley or any private lot or place within the city, nor shall any person throw or leave any such animal, any vegetable or animal matter, or any slop or filth, whether solid or fluid, into any pool of water in the city or other place to the annoyance of any citizen of the city.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.070 KEEPING OR USING PUTRID MATERIALS.
No person shall keep or use, or cause to be kept or used any stale, putrid, or stinking fat, grease, or meat, nor shall any person keep for more than 24 hours any undressed hides, except at the place where used for manufacturing. No owner or occupant of any grocery, cellar, tallow chandler, shop, soap factory, tannery, pork or beef-packing house, stable, or barn shall suffer the same to become foul, nauseous, or offensive.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.071 UNWHOLESOME BUSINESS.
No person shall, on the premises owned or occupied, permit or suffer any nuisance, either by exercising any unwholesome trade, calling, or business, or by having or suffering any unwholesome or offensive substances whatsoever to remain on her or his premises until, by offensive, foul odors, or stenches or otherwise, said premises shall become offensive, hurtful, or dangerous to the neighborhood.
(Ord. 1.90A, passed 5-15-2014) Penalty, see § 92.999
§ 92.072 SCATTERING PAPERS.
No person shall throw into, deposit upon, or in any manner permit to get in any street, alley, or passageway of the city pieces of paper, newspapers, excelsior, handbills, posters, building paper, lithographs used for advertisement upon billboards, or any materials likely to be carried about by the winds.
(Ord. 1.90A, passed 5-15-2014)
§ 92.073 UNAUTHORIZED USE OF CITY GARBAGE CONTAINERS/UNAUTHORIZED DUMPING.
(A) Residential use only. Public receptacles are present for the convenience of the public who use the city’s sidewalk and park system so that they may deposit items of garbage therein rather than litter. The public receptacles are not for the purpose of dumping large quantities of garbage, construction debris, or other waste generated by commercial operations. It shall be a violation of this section for any entity or commercial operation, including, but not limited to, construction contractors, to utilize the city's collection bins and containers for the purposes of disposing of waste material and garbage, including construction debris. This pertains to all collection bins, whether placed for the purpose of depositing solid waste, yard waste, or recyclables.
(B) Outside waste. It is unlawful for any person residing outside of the corporate limits of the city to bring quantities of garbage, accumulated out of the town, and deposit them in any receptacle to be collected by the city along the streets or elsewhere within the corporate limits.
(C) Construction debris. It shall be illegal and a violation of this section for any person or entity to dispose of debris resulting from the construction, demolition, or repair of any buildings in any containers placed by the city, including the solid waste, yard waste, and recyclable containers. These items include, but are not limited to, brick, stone, concrete, plumbing materials, plaster, asphalt, roofing, floor coverings, gutters and shingles. Demolition and construction waste, excavation byproducts, and other debris or like material shall not be deposited in city receptacles.
(D) Additional prohibited items. It is further a violation of this section for any individual to dispose of the following items in any of the city's collection bins and containers:
(E) Civil penalty. A violation of this section is punishable by a civil penalty in an amount of up to $500. Each separate violation is subject to a civil penalty in this amount. The city may also enforce the section by injunction.
(Ord. 2021-04, passed 9-2-2021)
Cross-reference:
Littering regulations, construction sites, see § 90.06
§ 92.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any violation of the provisions of §§ 92.001 and 92.002 is a Class II misdemeanor punishable by the maximum punishment set forth by the laws of the state pursuant to SDCL § 22-6-2. Said punishment may also include payment of any cost and/or restitution authorized by this chapter and/or state law.
(2) In addition, any violation of the provisions of §§ 92.001 and 92.002 may result in the revocation and/or suspension of any license issued pursuant to any section of §§ 92.001 and 92.002.
(C) All violations of §§ 92.035 through 92.038 shall be considered a Class II misdemeanor. The city may also impose civil penalties in the amount of $500 for each violation, which civil penalty will incur on a daily basis for each day the nuisance exists from and after the date of any notice given by the city. In addition, the city may in its discretion revoke any licenses issued to the violator or withhold any approval or permits based upon any such violations and until all civil penalties and costs are paid in full.
(Ord. 1.90A, passed 5-15-2014)
CHAPTER 93: INOPERABLE, ABANDONED VEHICLES
Section
93.01 Definitions
93.02 Storing, parking, or leaving vehicles as a nuisance
93.03 Exceptions
93.04 Presence on private property prohibited
93.05 Racing or antique vehicles
§ 93.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle as deemed hereinafter which is left unattended on any public street, alley, place, or parking lot within the municipality for a longer period than 24 hours without notifying local law enforcement and making arrangements for the parking of such motor vehicle.
JUNKED MOTOR VEHICLE. Any car bodies, wrecked cars, abandoned and unusable cars, car bodies, or equipment of any type, except in authorized junk vehicles.
MOTOR VEHICLE. Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf-carts, campers, trailers, construction equipment, and agricultural equipment.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PROPERTY. Any real property within the municipality which is privately owned and which is not public property as defined herein.
PUBLIC PROPERTY. Any street, alley, or highway, or boulevard which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.
REMOVAL AGENCY. Any public body, private, or nonprofit organization authorized by the municipality to remove and salvage abandoned or inoperable motor vehicles.
VEHICLE. Any conveyance which is designed to travel along the ground, in the air, or in the water, either powered or non-powered, and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golf carts, boats, campers, trailers, construction equipment, and agricultural equipment.
(Prior Code, § 91.01)
§ 93.02 STORING, PARKING, OR LEAVING VEHICLES AS A NUISANCE.
(A) The presence of an unlicensed, abandoned, discarded, wrecked, burned, dismantled, inoperable, junked, or partially dismantled vehicle or parts thereof on private or public property is hereby declared a nuisance, which may be abated as such in accordance with the provisions of this chapter.
(B) It is unlawful to keep or place any of such vehicles or vehicle parts:
(1) Upon public streets or property except on an emergency basis; or
(2) Upon private property of any person owning, in charge of, or in control of any real property in the municipality, whether as an owner, tenant, occupant, lessee, or otherwise, for longer than 14 days unless it is within a carport or fully enclosed building or structure. A tarpaulin, tent, or other similar temporary structure shall not be deemed to satisfy the requirements of this section.
(C) In no event shall an inoperable vehicle that constitutes an imminent health, safety, or fire hazard be kept located on any premises.
(Prior Code, § 91.02) Penalty, see § 10.99
§ 93.03 EXCEPTIONS.
This chapter shall not apply to:
(A) One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway. If this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway for longer than 14 days;
(B) Filling stations, automobile repair shops, or any other motor vehicle-related business in compliance with applicable municipal ordinances may place inoperable vehicles being repaired or offered for sale on the premises; or
(C) Junkyards operated and maintained in compliance with municipal ordinances.
(Prior Code, § 91.03)
§ 93.04 PRESENCE ON PRIVATE PROPERTY PROHIBITED.
No person owning, in charge of, or in control of any real property within the municipality, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any unlicensed, abandoned, or junk vehicle of any kind to remain on such property longer than 30 days.
(Prior Code, § 91.04) Penalty, see § 10.99
§ 93.05 RACING OR ANTIQUE VEHICLES.
No owner or occupant of private property shall have an uncovered motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways or an uncovered motor vehicle retained on private property for antique collection purposes.
(Prior Code, § 91.05) Penalty, see § 10.99
CHAPTER 94: STREETS AND SIDEWALKS
Section
General Provisions
94.01 Authority
94.02 Streets and improvements
Sidewalks
94.15 Width and material of sidewalks
94.16 Failure to keep sidewalks in repair; liability
94.17 Notice to construct or repair sidewalk
94.18 Failure of owner to repair sidewalk
94.19 Assessment of sidewalk repair costs
94.20 Filing of assessment for sidewalk construction or repair
94.21 Mailboxes
GENERAL PROVISIONS
§ 94.01 AUTHORITY.
This municipality shall have the power to regulate the use of sidewalks, streets, alleys, wharves, parks, and public grounds to provide for cleaning the same, to prevent and remove obstructions and encroachments upon the same, to prevent injury to the same, to regulate or prevent any practice having a tendency to annoy persons frequenting the same, and to regulate or prohibit structures under sidewalks and riding and driving thereon pursuant to SDLC § 9-30-2.
(Prior Code, § 94.01)
§ 94.02 STREETS AND IMPROVEMENTS.
This municipality shall have the power to lay out, establish, open, vacate, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, establish, and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided in SDCL § 9-45-1.
(Prior Code, § 94.15)
SIDEWALKS
§ 94.15 WIDTH AND MATERIAL OF SIDEWALKS.
The width of sidewalks in this municipality shall be as is set by the governing body. All sidewalks must be composed of material as is set out by the governing body.
(Prior Code, § 94.25) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-46-1
§ 94.16 FAILURE TO KEEP SIDEWALKS IN REPAIR; LIABILITY.
(A) Any owner of real property who fails to keep in repair the sidewalks in front of or along such property if he or she resides thereon, or if he or she does not reside thereon, to repair the same forthwith when notified, is liable to the municipality for any damage caused by such neglect.
(B) The duty of the municipality to notify the nonresident owner does not affect the liability of the owner for any injury proximately caused by the negligent construction or repair of the sidewalk.
(C) The failure of the municipality to notify the nonresident owner does not result in any liability on the part of the municipality for any injury proximately caused by the negligent construction or repair of the sidewalk.
(Prior Code, § 94.27) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-46-1
§ 94.17 NOTICE TO CONSTRUCT OR REPAIR SIDEWALK.
(A) If the municipality deems it necessary to construct, rebuild, or repair any sidewalk, it shall notify all owners of lots adjoining such sidewalk to construct, rebuild, or repair the sidewalk at their own expense within a time designated.
(B) Such notice shall be in writing and either be served personally or by return receipt mail on each owner or by publication once in each week for two consecutive weeks. It shall set forth the character of the work and the time within which it is to be done. Such notice may be general as to the owners but shall be specific as to the description of such lots.
(Prior Code, § 94.28)
Statutory reference:
Related provisions, see SDCL § 9-46-3
§ 94.18 FAILURE OF OWNER TO REPAIR SIDEWALK.
If such sidewalk is not constructed, reconstructed, or repaired in the manner and within the time prescribed pursuant to § 94.18, the municipality by resolution may cause the work to be done by day labor or by job. If the amount of the contract is less than the amount provided for in SDCL § 5-18A-3, it is not necessary to advertise for bids.
(Prior Code, § 94.29)
Statutory reference:
Related provisions, see SDCL § 9-46-4
§ 94.19 ASSESSMENT OF SIDEWALK REPAIR COSTS.
The cost thereof shall be assessed against the lots fronting or abutting upon the sidewalk so constructed, reconstructed, or repaired, as provided in this chapter. In estimating such assessment the entire cost of the improvement fronting on the property to be assessed shall be divided by the number of feet fronting or abutting on the same, and the quotient shall be the sum to be assessed per front foot against each lot so fronting or abutting.
(Prior Code, § 94.30)
Statutory reference:
Related provisions, see SDCL § 9-46-5
§ 94.20 FILING OF ASSESSMENT FOR SIDEWALK CONSTRUCTION OR REPAIR.
After the completion of the construction or repair of said sidewalk, the Municipal Engineer or such other person designated for that purpose shall file in the office of the Clerk an assessment roll showing the amount to be assessed against each lot or parcel of ground which amount shall include the contract price or the cost of the work by day labor, engineering, and any other costs entering into such construction or repair, the description of the property abutting upon said sidewalk which is to be assessed, and the name of the owner or owners thereof as shown by the records in the office of the Director of Equalization.
(Prior Code, § 94.31)
Statutory reference:
Related provisions, see SDCL § 9-46-6
§ 94.21 MAILBOXES.
Mailboxes are permitted to be located on or adjacent to a municipal street curb or sidewalk, provided that all other requirements as set out by the municipality for installing the mailboxes are met.
(Prior Code, § 94.32)
Statutory reference:
Related provisions, see SDCL § 9-46-11
CHAPTER 95: RECREATION
Section
95.01 Municipal park
95.02 Sport shooting range
§ 95.01 MUNICIPAL PARK.
(A) Authority. This municipality shall have the authority to establish, improve, maintain, and otherwise regulate public parks pursuant to SDCL §§ 9-38-1 et seq.
(Prior Code, § 95.01)
(B) Control of park. Except as provided for by first- or second-class municipalities under a commission form of government the public parks of every municipality, whether within or without the limits of the municipality, shall be under the control and supervision of the governing body thereof unless a Park Board shall have been created as provided in this pursuant to SDCL Ch. 9-38.
(Prior Code, § 95.02)
(C) Athletic facilities; fees; Park Fund.
(1) A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof.
(2) All fees received under this section and any other money received for use of the Board including tax revenues which may be appropriated for park purposes shall be kept in a special Park Fund and shall be paid upon requisition by the President and Secretary of the Board and warrant drawn and executed as other warrants.
(Prior Code, § 95.03)
§ 95.02 SPORT SHOOTING RANGE.
(A) Definition. For the purpose of this chapter, the following definition applies unless the context clearly indicates or requires a different meaning.
SPORT SHOOTING RANGE. An area designed and operated for the use of rifles, shotguns, or pistols as a means of silhouette, skeet, trap, black powder, or other sport shooting. A SPORT SHOOTING RANGE includes a law enforcement shooting range.
(Prior Code, § 95.15)
(B) Operation and use of any sport shooting range.
(1) The use or operation of a sport shooting range may not be enjoined as a nuisance if the range is in compliance with those statutes, regulations, and ordinances that applied to the range and its operation at the time when the initial operation of the range commenced. The use or operation of a sport shooting range may not be enjoined as a nuisance due to any subsequent change in any statute, regulation, or ordinance pertaining to the normal operation and use of sport shooting ranges.
(2) The use or operation of a sport shooting range may not be enjoined as a nuisance by a person who acquires title to real property adversely affected by the normal operation and use of a sport shooting range which commenced operation prior to the time the person acquired title.
(3) The provisions of SDCL §§ 21-10-28 through 21-10-34 do not apply to any recovery for any act or omission relating to the operation or use of any sport shooting range based on negligent, willful, or wanton misconduct.
(4) The provisions of SDCL §§ 21-10-28 through 21-10-34 do not apply if there has been a substantial change in the primary use of the sporting range.
(Prior Code, § 95.16)
Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL §§ 21-10-28, 21-10-29, 21-10-30, 21-10-31, and 21-10-33
CHAPTER 96: FIRE REGULATIONS
Section
96.01 Driving over a fire hose
96.02 Parking near station or hydrant
96.03 Unlawful to tamper with fire appliances or hydrants
96.04 False alarms
96.05 Problematic systems
96.06 Refuse fires
96.07 Controlled burns by permit
96.08 Authorized controlled burns
96.09 Open fires
96.10 Recreational fire
96.11 Ban on outside burning
96.12 Fireworks displays
96.13 Fireworks sales
96.14 Installation of key boxes
96.15 Hazardous materials
96.16 Unattended gas pumps
96.99 Penalty
§ 96.01 DRIVING OVER OR ON A FIRE HOSE.
No vehicle shall drive over any unprotected hose of the Fire Department when laid down on any street or alley or elsewhere to be used during any emergency or during any training session without the consent of the Fire Chief or designated officer in charge of the scene.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.02 PARKING NEAR STATION OR HYDRANT.
(A) As provided for in § 71.081, no person shall park on any street or public ground within five feet on either side of a fire hydrant.
(B) No person shall place any vehicle or object within 15 feet of an entrance to a place where fire apparatus is stored.
(C) As per Section 507.5.5 of the International Fire Code entitled “clear space around hydrants”, a three-foot clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. No person shall place on public or private ground any posts, fences, structures, vehicles, growth, trash, storage or any obstruction within a three-foot circumference of any fire hydrants, Fire Department connections or fire system controls. The Fire Department shall not be deterred or hindered in any way from gaining immediate access to fire-protection equipment private or public.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.03 UNLAWFUL TO TAMPER WITH FIRE APPLIANCES OR HYDRANTS.
No person shall tamper with, remove, disturb or deface fire hydrants and/or appliances utilized by the Fire Department for firefighting except for the purpose to extinguish fire, training, testing, recharging or making necessary repairs, when allowed by the City Administrator or the Fire Chief, when so authorized.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.04 FALSE ALARMS.
No person shall signal or transmit an alarm which is false in nature.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.05 PROBLEMATIC SYSTEMS.
(A) For the purposes of this chapter, a FALSE ALARM is an alarm that is not sounded as a result of a real or perceived emergency and includes false alarms sounded due to human error or equipment malfunctions.
(B) The Chief of Police will designate an employee to maintain a listing of alarm responses for at least the previous year. The designee will retrieve a report of alarm responses from the Computer Aided Dispatch (CAD) system.
(C) Upon determining that a business or facility has caused two false alarms within 12 months, an attempt will be made to contact management of that business or facility to notify them that subsequent false alarms will result in a monetary fine.
(D) Whenever any duly authorized law enforcement personnel have responded to two false alarms within any period of 12 calendar months to the same premises in response to any police alarm or police alarm system as provided for herein, the owner or occupant of the real property on which the alarm or alarm system is installed shall pay to the city for each false alarm thereafter the sum of $50 as partial compensation for those costs incurred by the Police Department in responding to the false alarm.
(E) If the location has had more than five but less than eight other false alarms in the preceding 12-month period, the fee shall be $75. If the location has had eight or more other false alarms in the preceding 12-month period, the fee shall be $100.
(F) The Board of Commissioners may from time to time adjust the dollar amount of the applicable fees set forth herein by resolution.
(G) In the event an invoice for payment hereunder is unpaid more than 30 days after the due date, the Chief of Police may order that the central station service shall disconnect the police alarm system from its service upon 20-days- notice to the owner or occupant of the subject property.
(H) The Chief of Police may waive charges for any response made within 14 days after initial installation. However, notification is not required to implement the penalty phase of the ordinance.
(I) Notifications can be in person, by mail or by telephone and will be documented.
(J) Any invoice issued may be appealed first to the Chief of Police then to the Board of Commissioners.
(K) The payment of all penalties will be due within 30 days of the invoice. All payments received will be forwarded to the Finance Office on a weekly basis. The Chief of Police will be provided with a monthly summary of all outstanding billings. The city may proceed in any manner authorized by law to collect full payment.
(L) The Chief of Police will be responsible for overall monitoring of this alarm ordinance enforcement and will initiate disconnect proceedings and other enforcement provisions in his or her discretion.
(M) All provisions of the ordinances of the city in conflict with the provisions of this chapter be and the same are hereby repealed and any provisions not so in conflict shall remain in force and effect.
(N) Should any sentence, paragraph, subdivision, clause, phrase or section of this chapter be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this chapter as a whole, or any part or provision hereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the code of ordinances as a whole.
(O) Nothing in this chapter is deemed to prevent the city from proceeding under other code enforcement mechanisms and that any person, firm or corporation violating any of the provisions or terms of this chapter may be subject to the same penalty as provided for in the ordinances of the city, as heretofore amended, which may be punished by a fine not to exceed the sum of $200 for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ord. 39, passed 10-4-2018)
§ 96.06 REFUSE FIRES.
No person shall set or cause to be set or allow upon their premises, public or private, any fire, the purpose of destroying any paper, rubbish, trees, leaves, grass, household trash or other materials.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.07 CONTROLLED BURNS.
No controlled burns shall be allowed without first obtaining a permit from the South Dakota Division of Wildfire.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.08 AUTHORIZED CONTROLLED BURN.
The city, when deemed necessary, for the purpose of fire prevention, pest or rodent control, may conduct a controlled burn on property under its control.
(Ord. 39, passed 10-4-2018)
§ 96.09 OPEN FIRES.
No person shall set or cause to be set or allow to be set upon their premises any open fire exposed to the wind and elements so that coal, flame, cinders or burning parts thereof may be blown towards or against any surrounding or adjacent property.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.10 RECREATIONAL FIRE.
A recreational fire is a fire maintained in a manner approved by the local Fire Chief that does not constitute a nuisance under § 92.001. The use of approved devices or structures is permitted within the city when there is no ban on outside burning in effect. Any recreational fire must be located at least eight feet back from the property line and at least five feet away from any structure or other combustible materials. The use of a non-approved device or structure shall be a violation of this chapter.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.11 BAN ON OUTSIDE BURNING.
(A) The city bans backyard fire pit burning when the South Dakota grasslands fire danger is very high or extreme for the city.
(B) The ban prohibits the use of outdoor appliances such as chimeneas, fire places, recreational fires, fire pits and the like. Typical cooking appliances, such as LP gas fire appliances, remain acceptable.
(C) Most fire stations have signs for the fire danger as determined by the National Weather Service or you can look on the National Weather Service website to determine our fire danger.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.12 FIREWORKS DISPLAY.
(A) It shall be unlawful for any discharge or cause to be discharged, except as hereinafter permitted, any fireworks.
(B) The use of certain novelty fireworks within the city are permitted and are limited to the following:
(1) Party poppers (not to exceed 0.25 grain);
(2) Snappers (not to exceed 0.02 grain);
(3) Sparklers (not to exceed 3.5 ounces);
(4) Toy caps (not to exceed 0.25 grain); and
(5) Flitter sparklers (not to exceed 0.2 ounces).
(C) Nothing in this chapter shall prohibit a public display and discharge of fireworks, providing such licensed individual, firm, partnership or corporation planning to make a public display and discharge of fireworks, shall first secure a written permit from the city and Chief of the Fire Department upon which jurisdiction falls.
(D) This chapter extends to and shall cover all of the territory within the corporate limits of the city and its one-mile jurisdiction.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.13 FIREWORKS SALES.
(A) For a period, each year from June 27 through July 5 and from December 28 through January 1, fireworks may be sold within the city limits. Said sales shall be in accordance with all state and federal requirements and no person shall be permitted to conduct such sales without a license issued by the city. To obtain a license to conduct such sales, the person shall first submit an application, including a copy of a valid sales tax license issued in applicant’s name to the Finance Office. An application fee, set by resolution, payable to the city shall be submitted with the application. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution. After review, the Finance Office shall issue or deny the license request within five business days.
(B) At no time shall a collapsible lantern or similar structure of thin paper or similar material, deigned to be lit and then released into the air, be allowed for sale or use within the city or within one mile of the city limits.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.14 INSTALLATION OF KEY BOXES.
(A) The following properties shall be required to have key boxes installed which contain keys to allow the Fire Department immediate access necessary for life saving, firefighting and/or law enforcement purposes:
(1) All multiple dwelling housing units;
(2) Motels and hotels with four or more units not having doors from each guest room going directly to the outside or not having an employee on premises 24 hours each day;
(3) All buildings or structures which are three or more stories high;
(4) Buildings with fire alarm systems and/or fire suppression systems;
(5) All building with elevators;
(6) Buildings, other than commercial, the owner of which requests that the Police and/or Fire Department have a key;
(7) All building in commercial, highway service and industrial zoned area of the city for which a permit is required;
(8) Covered malls as defined in the Building Code;
(9) Buildings or sites containing hazardous materials;
(10) Schools;
(11) Public or government owned buildings; and
(12) Buildings, which are determined by the City Administrator or his or her designee to be difficult to access or those buildings having absentee landowners.
(B) All properties falling within the foregoing categories shall be required to have key boxes installed. The type and location of boxes must be approved by the City Administrator or his or her designee. Key boxes shall contain keys to gain access to the property as required by the City Administrator or his or her designee.
(C) All existing buildings, which fall into the above categories but are not in compliance with this section shall, within 12 months of written notification from the City Administrator or his or her designee, install a key box in compliance with this section.
(D) The Fire Department shall maintain a list of occupancies where key boxes are installed. The Department shall visit each site annually and open key boxes and notify landowners of any required maintenance.
(E) At any time a landowner changes the locks on a structure with a key box, the landowner shall notify the Fire Department of said key change. The Fire Department shall arrange a time to place a new master key in the lock boxes.
(F) Any building with a 24-hour, seven day-a-week guard service or personnel on duty who is awake within the interior of the site may be exempt from installation of a key box upon the approval of the City Administrator or his or her designee.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.15 HAZARDOUS MATERIALS.
(A) No person shall store, manufacture, distribute or in any way handle any materials declared to be hazardous by the International Fire Code and without first notifying the City Administrator.
(B) Persons storing, manufacturing, distributing or in any way handling any hazardous material must register with the City Administrator and receive approval as required to begin his or her operation.
(C) The following information shall be provided to the city:
(1) Names of contact person;
(2) Phone number of contact person;
(3) List of materials, quantities and storage location;
(4) Use of material;
(5) Site plan of property; and
(6) Emergency plan.
(D) Any person storing, manufacturing, distributing or in any way handling hazardous materials shall provide the local Fire Department with a MSDS (material safety data sheet) for each material stored, handled or distributed.
(E) Any person manufacturing, distributing or in any way handling hazardous materials shall be responsible for any cost incurred by the Fire Department and/or the city during any event, fire or spill caused by the person.
(F) Any person shall placard his or her property, structures and storage facilities as required by NFPA (National Fire Protection Agency) and as required by the codes adopted by the city.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.16 UNATTENDED GAS PUMPS.
Any gas filling station within the city which provides 24-hour service or pay at the pump service must provide 24-hour staffing or install recorded video monitoring device, which provide surveillance of the pumps which are accessible during all hours of operation.
(Ord. 39, passed 10-4-2018) Penalty, see § 96.99
§ 96.99 PENALTY.
Any violator of this chapter is guilty of a Class II misdemeanor.
(Ord. 39, passed 10-4-2018)
TITLE XI: BUSINESS REGULATIONS
Chapter
110. GENERAL PROVISIONS
111. LICENSING REGULATIONS
112. PEDDLERS AND TRANSIENT MERCHANTS
113. REGULATION AND LICENSING OF LIQUOR OPERATIONS
(A) It shall be unlawful for hawkers, peddlers, solicitors, pawnbrokers, ticket scalpers, and employment agencies to conduct business without out first applying for and receiving a license to conduct such business.
(B) This section does not apply to the peddling or soliciting of telecommunications services subject to the provisions of SDCL §§ 49-13-1 or 49-31-1.
(Prior Code, § 110.25) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-34-18
§ 110.02 SECONDHAND AND JUNK STORES.
(A) It shall be unlawful to operate an antique, consignment, secondhand, or junk store without first applying for and receiving a license from the municipality.
(B) It shall be unlawful for antique, consignment, secondhand, or junk stores to purchase and/or receive from a minor any article without the written consent of the minor’s parents or guardians.
(Prior Code, § 110.26) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-34-9
§ 110.03 DELIVERY PERSONS, TAXI DRIVERS, AND PORTERS.
It shall be unlawful for any parcel delivery person, bus drivers, cab drivers, taxi drivers, porters, and others in similar occupations to engage in such occupations without first applying for and receiving a license from the municipality.
(Prior Code, § 110.27) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-34-10
§ 110.04 TATTOOING AND BODY PIERCING.
(A) It shall be unlawful for anyone to engage in the practice of tattooing and body piercing without having first applied for and received a license to engage in such practice from the municipality. Further, the municipality shall inspect the tattooing and body piercing establishments. All tattooing and body piercing establishments shall follow all standards for sanitation as adopted by and set out by the Department of Health pursuant to SDCL §§ 34-1-17 et seq.
(B) (1) The term, TATTOO, means to make marks or designs into the skin by puncturing it and inserting indelible colors. TATTOOING includes microblading and similar techniques used to partially or fully simulate natural hair.
(2) The term, BODY PIERCING, means to place a permanent or temporary foreign object in a person's body for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by SDCL § 36-4-11.
(Prior Code, § 110.28) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 9-34-17
§ 110.05 EXHIBITIONS, SHOWS, AND AMUSEMENTS.
It shall be unlawful for anyone to conduct in exhibitions, shows, and amusements without first applying for and obtaining a license from the municipality.
(Prior Code, § 110.29) Penalty, see § 10.99
CHAPTER 111: LICENSING REGULATIONS
Section
General Provisions
111.01 License procedure
111.02 Temporary and special events on city property
111.03 Arborist
111.04 Electrician or plumber
111.05 Temporary structure permit and regulations
111.06 Unlawful to obstruct streets, sidewalks, and the like
Solid Waste Collectors and Haulers
111.20 Issuance of license; fee
111.21 Washing and sanitizing vehicles
111.22 Premises for vehicle parking/service
111.23 Revocation of license
111.24 Contract authorized
111.25 Rates by resolution; collection
Business Licenses
111.40 General license
111.41 Application
111.42 Fee
111.43 Terms
Commercial Private Property
111.55 Licensing required
111.56 Definitions
111.57 Procedures for revocation of business license
111.58 Temporary food service structures
111.59 Location of temporary merchants
111.60 Setbacks
111.61 Issuing authority
111.62 Site and sign plan
111.63 Compliance with codes
GENERAL PROVISIONS
§ 111.01 LICENSE PROCEDURE.
(A) Qualifications for applicants. The general standards herein set out relative to the qualifications of every applicant for a city license shall be considered and applied by the city’s License Officer. The applicant shall:
(1) Be a citizen of the United States or a declarant therefor or a resident alien as authorized by federal law;
(2) Not, either individually or as a member of any party, group, or organization at the time of any such application for a license or special permit, advocate or resort to any practices subversive of or designed for the overthrow, destruction, or sabotage of the government of the United States in violation of federal law;
(3) Be of good moral character and in making such determination the city’s License Officer shall consider:
(a) All convictions, the reasons therefor, and the actions of the applicant subsequent to his or her release;
(b) The license history of the applicant; whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action; and
(c) Such other facts relevant to the general personal history of the applicant as he or she shall find necessary to fair determination of the eligibility of the applicant.
(4) Not be in default under the provisions of this chapter or indebted or obligated in any manner to the city except for current taxes; and
(5) Present a certificate of occupancy furnished by the Building Inspector to the effect that the proposed use of any premises is not a violation of the city’s zoning regulations.
(B) Liability of violator.
(1) The amount of any unpaid fee, the payment of which is required under this chapter, shall constitute a debt due the city.
(2) The City Attorney shall, at the direction of the License Officer, institute civil suit in the name of the city to recover any such unpaid fee.
(Ord. 5, passed 9-7-2007)
§ 111.02 TEMPORARY AND SPECIAL EVENTS ON CITY PROPERTY.
Permits and licenses for vendors, peddlers, temporary merchants, and temporary structures shall not be issued for use on city property, including parks, streets, sidewalks, alleys, boulevards, or rights-of-way, except for designated city events or as otherwise permitted by this chapter.
(Ord. 5, passed 9-7-2007)
§ 111.03 ARBORIST.
It shall be unlawful for any person to engage in the business or occupation of pruning, spraying, treating, or removing trees within the city without the license issued by the city. Each applicant therefor shall furnish evidence of general liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate coverage.
(Ord. 5, passed 9-7-2007) Penalty, see § 10.99
§ 111.04 ELECTRICIAN OR PLUMBER.
It shall be unlawful for any person to engage in business as an electrician or electrical contractor within the jurisdiction of the city unless such person is licensed under state law. The electrician or plumber shall furnish to the city satisfactory evidence of his or her license with the state before a contractor’s license can be issued.
(Ord. 5, passed 9-7-2007) Penalty, see § 10.99
§ 111.05 TEMPORARY STRUCTURE PERMIT AND REGULATIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
FLAME RETARDANT OR FLAME RESISTANT TARPS. These tarps shall have a physical marking or tag attached to the tarp which shows that the tarp has been tested and declared FLAME RESISTANT AND/OR FLAME RETARDANT. Tarps not bearing this physical insignia shall not be accepted.
PERMANENT BARRIER. A wall or fence which has been constructed as a permanent attachment to property and is a minimum five feet in height and has openings which are no longer than four inches in either direction.
PERMANENT BUSINESS. A place of business which is in physical operation and open to the public at one stationary location for a period of not less than 300 days a year and has a permanent state sales tax license for said location.
PERMANENT STRUCTURE. Established for 365 days a year and complying with the Uniform Building Code for the occupancy, which is utilizing the structure.
SEASONAL BUSINESS. A place of business which is in physical operation and open to the public at one location for a period not exceeding 300 days but more than 30 days and has a permanent state sales tax license for said location.
TEMPORARY BUSINESS. A place of business which is in physical operation and open to the public at one or more location for a period not exceeding 30 days. (A merchant’s license will be required for this classification of business.)
TEMPORARY STRUCTURE. Any vending stand, reviewing stand, canopy, tent, awning, fence, or other miscellaneous structure which is intended for use on a temporary basis.
(1) (a) Temporary structures, such as vending stands, reviewing stands, canopies, tents, awnings, fences, and miscellaneous structures may be erected in areas zoned Highway Service and General Commercial, provided that a special temporary structure permit is obtained for each stand. Said permit shall be issued by the Building Official or her or his designee for a period to not exceed 30 days per location. This 30-day time frame shall include set up and tear down time.
(b) For the purpose of this section, “location” shall be the site on which the TEMPORARY STRUCTURE is first constructed or placed. A TEMPORARY STRUCTURE may not be disassembled and reconstructed or moved to a different location on the same property or parcel of land, or an adjacent parcel of land, after an initial permit is issued for the structure.
(2) The structural frame of all TEMPORARY STRUCTURES shall be made of steel, aluminum, PVC, or wood. If constructed of wood, the smallest wood member shall not be less than two inches by four inches in width.
(a) Wood used for the interior and exterior skins of a temporary structure may be as follows: one-half of an inch of plywood, one-half of an inch of chipboard, or particle board.
(b) WOOD, as defined above, may also be used for shelving a TEMPORARY STRUCTURE.
(c) Tarps which are utilized on TEMPORARY STRUCTURES and which are occupied by temporary merchants, shall be flame retardant or flame resistant as defined in this chapter. All tarps not complying with this chapter shall be removed.
(3) All TEMPORARY STRUCTURES shall be removed upon expiration of the time limit stated on the permit.
(4) (a) If the structure is not removed by the expiration date stated on the permit, the city shall remove the structure without further notice to the owner and shall charge the cost of the removal to the property owner.
(b) At the time the permit is issued, the Building Official or his or his designee shall provide the owner with a copy of the ordinance codified in this chapter.
(c) The owner or occupant of the stand shall sign the permit, which will serve as an acceptance of service and which will constitute sufficient notice that the structure is not to be placed for more than 30 days.
(d) The city may bring action in magistrate or circuit court for the recovery of costs incurred for the removal of said structure or structures.
(5) TEMPORARY STRUCTURES or appendages thereof shall not be placed closer than five feet to any public road or alley.
(6) The permit hereinbefore described may be suspended or revoked if at any time the structure or its occupants are in violation of city ordinances or state laws.
(7) Temporary structures may not be used for housing permanent or seasonal businesses.
(Ord. 5.01C, passed 6-5-2008)
§ 111.06 UNLAWFUL TO OBSTRUCT STREETS, SIDEWALKS, AND THE LIKE.
(A) It shall be unlawful for any person, firm, or corporation to encumber or obstruct any sidewalk, street, public way, public alley, or public ground in the city.
(B) It shall be unlawful for any person, firm, or corporation to leave standing or store any vehicle, structure, or object in any public right-of-way, street, sidewalk, or on public ground which obstructs the use of the same for travel and passage.
(C) It shall be unlawful for any person, firm, or corporation to permit merchandise to be kept, stored, or displayed, whether for sale or exchange, upon any public right-of-way, street, sidewalk, or public ground unless otherwise authorized by the Board of Commissioners.
(Ord. 5.01C, passed 6-5-2008) Penalty, see § 10.99
SOLID WASTE COLLECTORS AND HAULERS
§ 111.20 ISSUANCE OF LICENSE; FEE.
(A) No person shall use the streets or alleys of the city for the collection or removal of any garbage for hire without first having obtained a license to perform such services from the Board of Commissioners under this subchapter and having paid a license fee referred to in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(B) Each license issued under this subchapter shall be renewed on or before December 31 of each year.
(Ord. 5, passed 9-7-2007) Penalty, see § 10.99
§ 111.21 WASHING AND SANITIZING VEHICLES.
All vehicles used for the collection and hauling of garbage by licensed garbage collectors shall be washed and sanitized and records of the same shall be available to the Public Works Administrator.
(Ord. 5, passed 9-7-2007)
§ 111.22 PREMISES FOR VEHICLE PARKING/SERVICE.
The premises on which commercial garbage vehicles licensed under this subchapter are parked or serviced shall be kept free of rubble, trash, debris, or garbage.
(Ord. 5, passed 9-7-2007)
§ 111.23 REVOCATION OF LICENSE.
The Board of Commissioners may revoke, suspend, or refuse to issue or transfer any license under this subchapter to any licensee or applicant who fails to comply with the requirements of this chapter or engages in unfair business practices. The Board of Commissioners shall give 15-days’ written notice prior to hearing.
(Ord. 5, passed 9-7-2007)
§ 111.24 CONTRACT AUTHORIZED.
(A) The municipality shall have the power to collect and dispose of and regulate the manner of handling garbage and other waste material, to fix and collect charges for such services, and to contract with one or more persons or legal entities for the collection and hauling of garbage and other waste material within and from the municipality.
(B) In addition to or in lieu of licensing persons, firms, or corporations to collect and haul garbage, pursuant to § 111.20, upon the adoption by the Board of Commissioners of a resolution in proper form, the Board of Commissioners may enter into a contract for the collecting and hauling of garbage.
(C) Whether any such contract is exclusive, the terms of such contract, and whether the contract pertains to the collection of garbage from residential dwellings, commercial locations, or a combination of both shall be determined by resolution.
(Ord. 5.01 I, passed 1-15-2015)
§ 111.25 RATES BY RESOLUTION; COLLECTION.
If the municipality enters into a contract for the collection and hauling of garbage or other solid waste material, rates shall be established and billed as set forth by resolution. The City Finance Officer shall collect all delinquent fees in any manner or procedure authorized by state law.
(Ord. 5.01 I, passed 1-15-2015)
BUSINESS LICENSES
§ 111.40 GENERAL LICENSE.
(A) Every person engaged, or hereafter engaged, in carrying on, maintaining, pursuing, conducting, or transacting in the city a trade, business, occupation, calling, or pursuit shall obtain from the city the license herein specified and in the manner as provided in this subchapter.
(B) The foregoing notwithstanding, a business license is not required for providing childcare in a residence zone unless a conditional use permit is required.
(Ord. 5.01D, passed 8-7-2008)
§ 111.41 APPLICATION.
(A) City business licenses are not difficult to obtain. Applications are located at the city’s Finance Office or can be printed out on the city’s webpage.
(B) City business licensing personnel will review the form’s checklist with the applicant, either in person or over the telephone, to determine what documentation she or he will need to submit prior to the issuance of her or his new license.
(Ord. 5.01D, passed 8-7-2008)
§ 111.42 FEE.
The initial business license fee for new businesses operating within the city is $100. A subsequent fee of $25 is due annually for all businesses in the city limits. Renewal of the annual license with fee is due on the first day of each year. Applications and payments made after January 1 are subject to a $50 late fee.
(Ord. 5.01G, passed 3-3-2011)
§ 111.43 TERMS.
The fee listed is collected upon application and is effective until change of ownership of the business or discontinuance of the business.
(Ord. 5.01G, passed 3-3-2011)
COMMERCIAL PRIVATE PROPERTY
§ 111.55 LICENSING REQUIRED.
(A) All owners of commercially zoned private property who allow vendors to sell goods on their property shall be required to first obtain a license.
(B) The fee for a commercially zoned private property owner license shall be referred to in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(C) Each license issued under this subchapter shall be renewed on or before December 31 of each year.
(Ord. 5, passed 9-7-2007)
§ 111.56 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
PRIVATE OWNER LICENSE. A permit issued by the city for commercial property owners inside the corporate limits. Each license issued under this subchapter shall be renewed on or before December 31 of each year.
VENDOR. A person, firm, corporation, partnership, or association or agent thereof who sells retail goods outside the confines of a permanent structure on another’s commercially zoned private property, including vendors located on any convention center parking lot.
VENDOR LICENSE. A permit issued by the Community Development Specialist for vendors operating on licensed commercially zoned private property, including vendors located on any convention center parking lot.
(Ord. 5, passed 9-7-2007)
§ 111.57 PROCEDURES FOR REVOCATION OF BUSINESS LICENSE.
(A) Notwithstanding the specific provisions applicable to particular licenses or permits in this title, the Board of Commissioners may revoke any license or permit issued under this title after it has been issued, when any one or more of the following grounds are found to exist:
(1) Illegal issuance of the permit or license;
(2) Issuance of the permit or license without authority or power;
(3) Issuance under an unauthorized ordinance or under an ordinance illegally adopted;
(4) Issuance in violation of an ordinance;
(5) When the business license or permit was procured by fraud or false representation of facts;
(6) When issued through mistake or inadvertence; and/or
(7) When the license or permit application contains false or misleading statements, evasions or suppression of material facts.
(B) Other grounds for revocation in addition to those stated in division (A) of this section are as follows:
(1) Substantial violations of the terms and conditions on which a license or permit is issued;
(2) Violation of ordinances or laws authorizing or regulating the license or permit or regulating the business activity or purpose for which the license or permit is issued;
(3) Infractions or offenses under such an ordinance or law;
(4) Wrongful behavior of a substantial character and of a public concern in relation to the licensed activity; and
(5) When reasonably necessary in the interests of protection of the public health, safety, peace or welfare.
(C) Before any such license or permit shall be canceled or revoked, the holder of such license or permit shall be given two weeks’ notice of a hearing to be held by the Board of Commissioners at which time the holder of such license or permit must show cause why such license or permit should not be revoked. The notice to be given to the holder of such license or permit must state the grounds and the reasons for the forfeiture, cancellation and/or revocation, and must also sate the date on which the hearing is set. Provided, however, the City Administrator may immediately revoke the license or permit of any business or activity for any of the grounds set forth in division (A) of this section, when any such license or permit has been issued for a period of less than 72 hours, and any such determination by the City Administrator shall be deemed conclusive unless the holder of the license or permit appeals to the Board of Commissioners within five calendar days of the notice of revocation. Pending any such appeal to the Board of Commissioners, the license or permit shall remain revoked.
(Ord. 5, passed 9-7-2007)
§ 111.58 TEMPORARY FOOD SERVICE STRUCTURES.
All temporary food service structures shall have asphalt, concrete, wood, or a similar material for flooring and shall display inspection certificate from the county’s Environmental Health Department.
(Ord. 5, passed 9-7-2007)
§ 111.59 LOCATION OF TEMPORARY MERCHANTS.
(A) Temporary shall only be located on private property zoned C-1, C-2, and CC. Temporary merchant’s licenses shall not be issued on public property except for designated community events. If a designated community event held exclusively on public property, temporary merchant fees may be waived for merchants participating in community events. Any designated or undesignated event that proposes to restrict, in any manner, public access to public property shall not be approved and temporary merchants permits shall not be issued.
(B) Upon approval of the Board of Commissioners, vehicular access to public streets may be restricted to accommodate the needs of a designated community event.
(Ord. 5, passed 9-7-2007)
§ 111.60 SETBACKS.
All temporary structures that follow existing zoning ordinances regarding setbacks in C-1, C-2, and CC zoning and such setback area may be used for off-street parking.
(Ord. 5, passed 9-7-2007)
§ 111.61 ISSUING AUTHORITY.
All permits for temporary structures shall be issued by the Board of Commissioners.
(Ord. 5, passed 9-7-2007)
§ 111.62 SITE AND SIGN PLAN.
The city may require the applicant to file a site and/or sign plan drawn to scale showing the location and size of all structures and signs upon the lot, including the location of off-street parking.
(Ord. 5, passed 9-7-2007)
§ 111.63 COMPLIANCE WITH CODES.
Temporary structures need not apply with the Uniform Building Code, Uniform Fire Code, or Electrical or Plumbing Codes as adopted by the Board of Commissioners.
(Ord. 5, passed 9-7-2007)
CHAPTER 112: PEDDLERS AND TRANSIENT MERCHANTS
Section
112.01 Definitions
112.02 License requirement
112.03 Application procedure
112.04 Standards for issuance
112.05 Revocation procedure
112.06 Standards for revocation
112.07 Appeal procedure
112.08 Exhibition of identification
112.09 Municipal policy on soliciting
112.10 Notice regulating soliciting
112.11 Duty of solicitors to ascertain notice
112.12 Prohibited solicitation
§ 112.01 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
GOODS. Merchandise, services, or information of any description whatsoever and includes, but is not restricted to, wares and foodstuffs.
ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the municipality and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the municipality.
PEDDLER. Any person, not an itinerant merchant, who:
(1) Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
(2) Without traveling from place to place, sells or offers goods for sale from any public place within the municipality.
SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a SOLICITOR is not a “peddler.”
(Prior Code, § 110.01)
§ 112.02 LICENSE REQUIREMENT.
(A) Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the municipality.
(B) The fee for the license required by this chapter shall be as set from time to time by the governing body.
(C) No license issued under this chapter shall be transferable.
(D) All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.
(Prior Code, § 110.02) Penalty, see § 10.99
§ 112.03 APPLICATION PROCEDURE.
(A) All applicants for licenses required by this chapter shall file an application with the Clerk. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the President of a corporation. The applicant may be requested to provide information concerning the following items:
(1) The name and address of the applicant;
(2) (a) The name of the individual having management authority or supervision of the applicant’s business during the time that it is proposed to be carried on in the municipality;
(b) The local address of such individual;
(c) The permanent address of such individual; and
(d) The capacity in which such individual will act.
(3) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
(4) The time period or periods during which it is proposed to carry on applicant’s business;
(5) (a) The nature, character, and quality of the goods or services to be offered for sale or
delivered;
(b) If goods, their invoice value and whether they are to be sold by sample as well as
from stock; and
(c) If goods, where and by whom such goods are manufactured or grown and where such goods are at the time of application.
(6) The nature of the advertising proposed to be done for the business; and
(7) Whether or not the applicant, the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) above has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
(1) A description of the applicant; and
(2) A description of any vehicle proposed to be used in the business, including its registration
number, if any.
(C) All applicants for licenses required by this chapter shall attach to their application, if required by the municipality, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(D) Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C) above, a statement from a licensed physician, dated not more than ten days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
(Prior Code, § 110.03) Penalty, see § 10.99
§ 112.04 STANDARDS FOR ISSUANCE.
(A) Upon receipt of an application, an investigation of the applicant’s business reputation and moral character shall be made.
(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant’s business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant has done any of the following will constitute valid reasons for disapproval of an application:
(1) Has been convicted of a crime of moral turpitude;
(2) Has made willful misstatements in the application;
(3) Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like;
(4) Has committed prior fraudulent acts; or
(5) Has a record of continual breaches of solicited contracts.
(Prior Code, § 110.04)
§ 112.05 REVOCATION PROCEDURE.
Any license or permit granted under this chapter may be revoked by the Clerk after notice and hearing, pursuant to the standards in § 112.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his or her last known address at least ten days prior to the date set for the hearing.
(Prior Code, § 110.05)
§ 112.06 STANDARDS FOR REVOCATION.
A license granted under this chapter may be revoked for any of the following reasons:
(A) Any fraud or misrepresentation contained in the license application;
(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license;
(C) Any violation of this chapter;
(D) Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or
(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
(Prior Code, § 110.06)
§ 112.07 APPEAL PROCEDURE.
(A) Any person aggrieved by a decision under §§ 112.04 or 112.06 shall have the right to appeal to the governing body. The appeal shall be taken by filing with the governing body, within 14 days after notice of the decision has been mailed to such person’s last known address, a written statement setting forth the grounds for appeal. The governing body shall set the time and place for a hearing, and notice for such hearing shall be given to such person in the same manner as provided in § 112.05.
(B) The order of the governing body after the hearing shall be final.
(Prior Code, § 110.07)
§ 112.08 EXHIBITION OF IDENTIFICATION.
(A) Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein. In the event more than one place within the municipality shall be used to conduct the business licensed, separate licenses shall be issued for each place.
(B) The Clerk shall issue a license to each peddler or solicitor licensed under this chapter.
(C) The license shall contain the words “licensed peddler” or “licensed solicitor,” the expiration date of the license, and the number of the license.
(D) The license shall be kept with the licensee during such time as she or he is engaged in the business licensed.
(Prior Code, § 110.08) Penalty, see § 10.99
§ 112.09 MUNICIPAL POLICY ON SOLICITING.
It is hereby declared to be the policy of the municipality that the occupants of the residences in the municipality shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences.
(Prior Code, § 110.09)
§ 112.10 NOTICE REGULATING SOLICITING.
(A) Notice of the refusal of invitation to solicitors, to any residence, shall be given on a weatherproof card, approximately three inches by four inches in size, exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words as follows:
NO SOLICITORS INVITED
(B) The letters shall be at least one-third of an inch in height. For the purpose of uniformity, the cards shall be provided by the Police Chief to persons requesting, at the cost thereof.
(C) The card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
(Prior Code, § 110.10)
§ 112.11 DUTY OF SOLICITORS TO ASCERTAIN NOTICE.
(A) It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence is located to first examine the notice provided for in § 112.10, if any is attached, and be governed by the statement contained on the notice. If the notice states “no solicitors invited,” then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.
(B) Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
(Prior Code, § 110.11) Penalty, see § 10.99
§ 112.12 PROHIBITED SOLICITATION.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of § 112.10.
(Prior Code, § 110.12) Penalty, see § 10.99
Statutory reference:
Authority to regulate and license transient merchants, peddlers, see SDCL § 9-34-7
CHAPTER 113: REGULATION AND LICENSING OF LIQUOR OPERATIONS
Section
General
113.01 Definitions
Licensing and Sales
113.15 Permanent licenses
113.16 Temporary licenses and permits
113.17 Off-sale licenses to operate within municipality
113.18 On-sale licenses
113.19 Convention facility on-sale licenses
113.20 Malt beverage licenses
113.21 Times when sales prohibited
113.22 Application for license
113.23 Hearing on application
113.24 Renewal of license
113.25 Transfer of license
113.26 Distribution of license and transfer fees and penalties
113.27 Off-sale licensees permitted to provide free samples; no additional license required; restrictions
113.28 Off-sale delivery license
113.29 Manufacture, sale, or possession of powdered, condensed, or concentrated alcohol prohibited; exceptions
Municipal Liquor Operations
113.45 Municipal application and renewal
113.46 Management of municipal liquor licenses
113.47 Operating agreements
113.48 Municipality holding required license authorized to serve food, prepared food, and beverages
Age Requirements
113.60 Sale to prohibited persons
113.61 Minors on premises
113.62 Exception to prohibition on sales or service by persons under 21 years old
Statutory reference:
Licensing policies and procedures, see SDCL §§ 35-2-1 et seq.
GENERAL
§ 113.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any distilled spirits, wine, and malt beverages as defined SDCL Title 35.
BULK CONTAINER. Any package, or any container within which container are one or more packages.
CARRIER. A person who for hire transports passengers and who sells or furnishes to passengers for consumption alcoholic beverages aboard any means of conveyance or allows passengers to consume the passenger's own alcoholic beverages aboard the conveyance.
CIDER. Any alcoholic beverage obtained by the fermentation of the juice of apples or pears that contains not less than one-half of 1% of alcohol by volume and not more than 10% of alcohol by weight, including flavored, sparkling, or carbonated cider.
CONTROLLING INTEREST IN. An ownership interest in the licensee of 10% or more.
DEPARTMENT. Department of Revenue of the State of South Dakota.
DISPENSER. A duly licensed physician, dentist, veterinarian, osteopath, podiatrist, chiropractor, or pharmacist; or a druggist, sanitarium, hospital, clinic, educational institution, industrial company, or industrial corporation who purchases alcohol for scientific and medicinal purposes only.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use containing not less than one-half of 1% of alcohol by weight.
MALT BEVERAGE. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, or any other similar product, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption containing not less than one-half of one percent of alcohol by weight.
MANUFACTURER. Any person who owns, has a controlling interest in, operates, or aids in operating any establishment for the brewing, production, bottling, or blending of any alcoholic beverage, whether occurring within or without this state.
MINIBAR. Any closed container, either refrigerated or nonrefrigerated, having restricted access to the interior by means of a locking device that requires the use of a key, magnetic card, or similar device, or controlled by the licensee at all times.
MUNICIPALITY. Any incorporated city or town, and any unincorporated platted town having a United States post office. However, the subsequent withdrawal of a United States post office does not affect the right of established liquor licenses to be continued, renewed, or transferred and does not prevent the owner or bona fide lessee of the licensed premises from receiving a renewal or reissuance of such license.
OFF-SALE. The sale of any alcoholic beverage, for consumption off the premises where sold.
ON-SALE. The sale of any alcoholic beverage for consumption only upon the premises where sold.
ON-SALE DEALER. Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.
PACKAGE. The bottle or immediate container of any alcoholic beverage.
PACKAGE DEALER. Any person other than a manufacturer, or wholesaler, who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.
POPULATION. Number of inhabitants as determined by the last preceding federal census.
POWDERED, CONDENSED, or CONCENTRATED ALCOHOL. An alcoholic product that is created using a process that reduces the alcohol to a concentrated form and that allows the alcohol to be reconstituted with water or other liquid.
RELATIVE. Any person who is a husband, wife, son, daughter, brother, sister, father, or mother.
RETAIL LICENSE. An on-sale or off-sale license issued under the provisions of SDCL Title 35.
RETAILER or RETAIL DEALER. Any person who sells alcoholic beverages for other than resale.
SALE. The transfer, for consideration, of title to any alcoholic beverage.
SECRETARY. The secretary of revenue of the State of South Dakota.
SERVE. The taking of an order for an alcoholic beverage and intentionally delivering the alcoholic beverage to a customer for the purpose of consumption on the licensed premises and the customer takes physical possession of the alcoholic beverage.
TRANSPORTATION COMPANY or TRANSPORTER. Any common carrier or operator of a private vehicle transporting or accepting for transportation any alcoholic beverages, but not including transportation by carriers in interstate commerce where the shipment originates outside of the state and is destined to a point outside of the state.
WHOLESALER. Any person who sells alcoholic beverages to retailers for resale.
WINE. Any beverage made from the fermentation of grapes, grape juice, other fruit bases, or honey, with or without adding alcoholic beverages; without rectification, except for the purpose of fortification; and contains not less than 0.5% and not more than 24% alcohol by volume.
(SDCL § 35-1-1)
LICENSING AND SALES
§ 113.15 PERMANENT LICENSES.
The following are the fees to be paid for the various classes of licenses:
SDCL § 35-4-2 Division
Class of License
Fees
SDCL § 35-4-2 Division
Class of License
Fees
(2)
Wholesalers
$5,000
(3)
Off-sale
Not more than $300
Off-sale (Renewal)
Not to exceed $500
(4)
On-sale in municipalities of various classes
Not less than $1 for each person residing within the municipality as measured by the last preceding federal census
Renewal fee
Not to exceed $1,500
(5)
Off-sale licenses issued to municipalities under local option
Not less than $250
(6)
On-sale licenses issued outside of municipalities
Not less than the amount the nearest municipality to the applicant is charging for a like license. The renewal fee shall be the same as is charged for a like license in the nearest municipality. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to SDCL § 35-3-13 and does not charge a specified fee, then the fee shall be the minimum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to SDCL § 35-3-13. The renewal fee shall be the same as could be charged for a like license in the nearest municipality
(8)
Transportation companies
$25
(9)
Carrier
$100 The fee licenses all conveyances the licensee operates in this state
(11)
On-sale dealers (at publicly operated airports)
$250
(12)
Wine and cider retailers, being both package dealers and on-sale dealers
$500
(13)
Convention facility (on-sale)
Not less than $1 for each person residing within the municipality as measured by the last federal census
Renewal fee
Not to exceed $1,500
(15)
Wholesalers of malt beverages
$400
(16)
Malt beverage and wine produced by a farm winery licensee, being both package dealers and on-sale dealers
$300
(21)
Retail on premises manufacturer
$250
(SDCL § 35-4-2)
§ 113.16 TEMPORARY LICENSES AND PERMITS.
The municipality is authorized to issue the following licenses:
(A) Airport license to be used for convention or entertainment purposes.
(1) Any municipality with a population in excess of 35,000 which operates an airport pursuant to SDCL Chapter 50-7 and holds a license pursuant to SDCL §§ 35-4-14, shall also be authorized to use the license at any bona fide convention activity or entertainment activity including, but not limited to: any theatrical or musical performance, rodeo or traveling show if the event is held at a convention hall.
(2) The selling, serving or dispensing of any alcoholic beverage may not occur earlier than one hour before the commencement of the event, or at any time after the event is concluded. All sales must occur within areas designated for that purpose.
(B) Five-day convention hall licenses.
(1) Such license shall be issued without regard to population limitations established by law.
(2) Any municipality with a population exceeding 100,000 or any municipality hosting an annual event attended by 100,000 or more people may issue an on-sale license to be operated at a sporting event held at a publicly owned sports arena or facility seating a minimum of 1,000 persons. Before a license may be issued in a municipality hosting an annual event, the municipal finance officer shall estimate the previous year's attendance and provide the estimate to the governing body.
(3) Any license issued pursuant to this subdivision may be issued for a period not to exceed five consecutive days and will expire at 12:00 midnight on the fifth day after issuance.
(4) No public hearing is required if the individual applying for the license holds an on-sale alcoholic beverage license in the municipality or holds an operating agreement for municipal on-sale alcoholic beverage license. No person who holds an operating agreement for a municipal license pursuant to SDCL § 35-4-14.1 may receive a license pursuant to this section.
(C) Special malt beverage retailer's license and special retail on-sale wine dealer's license.
(1) This license may be issued to any civic, charitable, educational or fraternal organization in conjunction with a special event.
(2) The fee is $5 per day for a period not to exceed 15 consecutive days.
(3) This license shall be issued in the same manner as other malt beverage licenses, except that the state does not have to grant approval and the license fee remains in the municipality.
(D) Spiking permit.
(1) It is unlawful for a person to consume any intoxicating liquor or mix an alcoholic beverage in any public place other than an on-sale establishment.
(2) The governing body may grant authorization for persons to consume or blend alcoholic beverages on property that is publicly owned or owned by a nonprofit corporation. The permit period shall not exceed 24 hours and the hours or authorization shall not exceed those permitted for on-sale licenses.
(E) Organizational special events. The municipality may issue a special events temporary on-sale liquor license if the applicant is recognized as an exempt organization under the US Internal Revenue Code, and the licensee holds a malt beverage retailer license within the municipality. The license may be issued for a period of time not to exceed two consecutive days.
§ 113.17 OFF-SALE LICENSES TO OPERATE WITHIN MUNICIPALITY.
(A) Except as provided in SDCL § 35-4-2(12) and (16), off-sale licenses may only be issued under this chapter to operate within a municipality or an improvement district created pursuant to SDCL Chapter 7-25A.
(SDCL § 35-4-6)
(B) No more than two off-sale licenses issued pursuant to SDCL § 35-4-2(3) and (5) may be issued under SDCL Title 35 to operate in a municipality of1,000 or less and not exceeding one license for every additional 1,500 of population or fraction thereof.
(C) The number of off-sale licenses may not be less than the total number of licenses allowable as of July 1, 1981, and that have never been revoked or not reissued.
(SDCL § 35-4-10)
§ 113.18 ON-SALE LICENSES.
(A) Pursuant to SDCL § 35-4-11, if not fixed by ordinance, the governing board of the municipality may on or before September 1 in each year, by resolution, determine the number of on-sale and off-sale licenses it will approve for the ensuing calendar year, and the fees to be charged for the various classifications of licenses.
(B) The number of on-sale licenses issued may not exceed three each for the first 1,000 of population or fraction thereof and not exceed one each of such licenses for each additional 1,500 of population or fraction thereof.
(C) The number of licenses allowable may not be less than the total number of licenses allowable or issued as of July 1, 1981. The municipal governing board shall at such meeting establish the fee for on-sale licenses pursuant to § 113.15(A)(4) and (13). Such fee shall apply to all such on-sale licenses issued in the ensuing calendar year. The quotas established in this section do not apply to licenses issued pursuant to § 113.15(A)(12), (16), (17), and (17A).
(D) For the purposes of this section, population is equal to 90% of the population estimates published by the United States Census Bureau for each even-numbered year, except for the decennial year. For a decennial year, population is equal to the amount determined by the decennial federal census. No license issued pursuant to this section which exceeds the number of licenses that would have been issued upon the decennial federal census may be denied solely by reason that the license exceeds the number of licenses authorized by the decennial federal census.
(SDCL § 35-4-11)
§ 113.19 CONVENTION FACILITY ON-SALE LICENSES.
(A) Notwithstanding the provisions of SDCL § 35-4-11, each municipality may issue two convention facility on-sale licenses pursuant to SDCL § 35-4-2(13) for convention facilities substantially constructed within the two years following issuance of the license or previously completed.
(B) If located in a municipality with a population of 20,000 or greater, the hotel-motel convention facility shall be used and kept open for the hosting of large groups of guests for compensation and shall have at least 100 rooms that are suitable lodging accommodations and convention facilities with seating for at least 400 persons.
(C) If located in a municipality with a population of less than 20,000, the hotel-motel convention facility shall have at least 40 rooms that are suitable lodging accommodations and convention facilities with seating for at least 150 persons.
(D) If a municipality's population changes, the facility is only required to meet the criteria established by this section for the license at the time the license was originally issued.
(SDCL § 35-4-11.2)
§ 113.20 MALT BEVERAGE LICENSES.
The municipality may issue as many malt beverage licenses as it deems necessary.
§ 113.21 TIMES WHEN SALES PROHIBITED.
(A) No on-sale or off-sale licensee, licensed under § 113.15(A)(3), (4), (5), (6), (9), (11), (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or on Sunday after 2:00 a.m., on Memorial Day after 2:00 a.m., or at any time on Christmas Day. However, this municipality may, by ordinance, allow the sale, service, and consumption of alcoholic beverages on Sundays, Christmas Day and/or Memorial Day.
(SDCL § 35-4-81)
(B) No on-sale or off-sale licensee licensed under § 113.15(A)(12), (16), (17), (17A),(19) and (20) may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m.
(SDCL § 35-4-81.2) Penalty, see § 10.99
§ 113.22 APPLICATION FOR LICENSE.
(A) An application for any license shall be on the form prescribed by the Department of Revenue. All applications for retail licenses, except those cited in SDCL § 35-2-1.1 shall be submitted to the governing body. The municipality shall approve or disapprove the application based on the grounds that the applicant is a suitable person and that the proposed location is suitable.
(B) The governing body shall review the following factors in determining whether or not a video lottery machine shall be permitted in establishments issued an on-sale alcoholic beverage license pursuant to SDCL § 35-4-2(12) and (16):
(1) The number of current establishments currently licenses for video lottery;
(2) The proximity of the business to other establishments licensed for video lottery;
(3) The type of business and manner in which the applicant proposes to operate it;
(4) The location of the business in relation to other businesses, residential areas, or activities within the same general area;
(5) The extent to which minors frequent a business connected to the one proposed; and
(6) The effect the proposed business has on economic development.
(C) The governing body is to certify on each application filed with the Department for a license granted under § 113.15(A)(12) and (16) whether the business premises is authorized for video lottery machine placement.
(D) An existing video lottery license may not be denied renewal or transfer based upon the criteria set out in division (B). The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, the municipality may not restrict the number of alcoholic beverage licenses issued under § 113.15(A)(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994.
(SDCL § 42-7A-64)
§ 113.23 HEARING ON APPLICATION.
(A) The municipality shall hold a hearing on the application for a license. Notice of the hearing must be published one time, one week prior to the hearing in the official newspaper. Any resident who requests written notice of the hearing must be notified accordingly.
(B) (1) If the application is denied after the hearing, the fee is returned to the applicant. If after the hearing, the application is granted, the fee is deposited in the general fund and the application is forwarded to the secretary of the Department, who can accept or reject the application.
(2) If the application is for a malt beverage license, only one-half of the fee is deposited in the general fund. The other one-half is forwarded to the secretary of the Department.
(C) A license cannot be reissued to the same applicant for a one-year period if the license has not been actively used by the applicant during the previous two years.
§ 113.24 RENEWAL OF LICENSE.
(A) If the applicant already holds a license and is applying for the same class of license at the same location for the next license year, then only the approval of the governing body is necessary to issue the license for the new year.
(B) One copy of the application is forwarded to the Department and a new card will be issued by the Department with an appropriate expiration date. The mayor or chairperson the governing board shall sign the new card in the lower right hand corner to properly validate the card.
§ 113.25 TRANSFER OF LICENSE.
(A) The procedure for a transfer of license is the same as for application for a new license. The fee for a transfer is $150. An affidavit of bulk sale and the existing license card must be submitted with the application for transfer.
(B) The application to transfer the license shall only be permitted if all municipal and state sales and use taxes incurred by the licensee as a result of the operation have been paid, and all property taxes, which are the liability of the licensee are paid or are not delinquent.
§ 113.26 DISTRIBUTION OF LICENSE AND TRANSFER FEES AND PENALTIES.
Fifty percent of all license and transfer fees received pursuant to subdivision SDCL § 35-4-2(16) shall remain in the municipality in which the licensee paying the fee is located. If the licensee is located outside the corporate limits of a municipality, 50% of the fees remain in the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.
(SDCL § 35-4-2.11)
§ 113.27 OFF-SALE LICENSEES PERMITTED TO PROVIDE FREE SAMPLES; NO ADDITIONAL LICENSE REQUIRED; RESTRICTIONS.
(A) A licensee holding a license pursuant to SDCL § 35-4-2(3) or (5) may provide samples of malt beverages, wine, distilled spirits, liqueurs, and cordials to the general public without obtaining an additional license. The licensee may only offer as samples the malt beverages, wine, distilled spirits, liqueurs, and cordials that the licensee currently has in stock and is offering for sale to the general public.
(B) The malt beverage, wine, distilled spirits, liqueur, and cordial samples shall be dispensed at no charge and shall be consumed on the licensed premises during the permitted hours of off-sale.
(C) No sample of malt beverage may be larger than three fluid ounces. No sample of wine may be larger than 50 milliliters and no sample of distilled spirits, liqueur, or cordial may be larger than 25 milliliters.
(SDCL § 35-4-10.2)
§ 113.28 OFF-SALE DELIVERY LICENSE.
(A) A licensee licensed pursuant to SDCL § 35-4-2(3) or (5) may apply for an off-sale delivery license as provided by SDCL § 35-4-2(23) to deliver alcoholic beverages to a consumer within the boundaries of the municipality that issued the off-sale license. The alcoholic beverage for delivery shall be purchased in person and on-site at the licensee's off-sale premises. The minimum purchase of alcoholic beverages shall be $150.
(B) The delivery shall be made during hours of operation pursuant to SDCL § 35-4-81.2 by an employee of the licensee who is at least 21 years old. The employee shall obtain the signature of a person twenty-one years old or older before delivery of the shipment. The employee shall request that the person signing for the delivery display a valid age-bearing photo identification document issued by this state, another state, or the federal government verifying that the person is twenty-one years old or older. Documentation verifying the identification of the person signing for the delivery shall be retained by the licensee for one year.
(SDCL § 35-4-127)
§ 113.29 MANUFACTURE, SALE, OR POSSESSION OF POWDERED, CONDENSED, OR CONCENTRATED ALCOHOL PROHIBITED; EXCEPTIONS.
(A) Unless specifically allowed in this section, the manufacture, sale or possession of alcohol in a powdered, condensed, or other concentrated form as defined in § 113.01 or the sale or possession of an alcoholic beverage that is reconstituted from alcohol in a powdered, condensed, or other concentrated form is prohibited.
(B) The provisions of this section do not apply to the following:
(1) Any hospital that possesses a product defined in SDCL § 35-1-1(17A) and that possession is primarily used for conducting scientific research; or
(2) Any state institution, private college or university, or pharmaceutical or biotechnical company that possesses a product defined in § 113.01 and that possession is primarily used for conducting bona fide research.
(SDCL § 35-4-128)
MUNICIPAL LIQUOR OPERATIONS
§ 113.45 MUNICIPAL APPLICATION AND RENEWAL.
(A) Any applicant for a new retail license, except as set forth in SDCL § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county in which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable.
(B) The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision SDCL § 35-4-2(4), (6), or (13) if:
(1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and
(2) The governing body determines that possession of more than one-third of licenses available is not in the public interest.
(C) Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee’s employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.
(SDCL § 35-2-1.2)
§ 113.46 MANAGEMENT OF MUNICIPAL LIQUOR LICENSES.
(A) The governing body shall operate and conduct the municipal liquor establishment and if necessary, shall set the prices to be charged on all sales of liquor.
(B) Gross receipts are to be submitted to the municipal finance officer and disbursements from the fund shall only be made with presentation of verified vouchers.
(C) The municipality shall keep a separate accounting of all transactions involving purchases, sales and inventories conducted under each license.
(D) A municipality that holds an off-sale license pursuant to § 113.15(A)(5) is eligible for a license under § 113.15(A)(16) or (17) and any municipality holding a license under SDCL Chapter 35-4 is eligible for a retailer’s license under SDCL § 113.15(A)(17).
(E) Upon termination of the license, the governing board shall liquidate the business operated and the assets of the business in such a manner as may be determined by resolution, and is consistent with law.
§ 113.47 OPERATING AGREEMENTS.
(A) Licenses.
(1) On-sale and off-sale license.
(a) Any municipality that has obtained a license under SDCL Title 35 may issue licenses pursuant to § 113.15 and SDCL § 35-4-2(12) and (16).
(b) If a municipality has been issued an off-sale license only, the governing body may approve or disapprove applications for on-sale licenses issued pursuant to SDCL § 35-4-2(4). If a municipality has been issued an on-sale and off-sale license, the governing body may, by resolution, enter into an operating agreement with any person for the specific purpose of operating an on-sale establishment or an off-sale establishment, or both for the municipality.
(SDCL § 35-4-19)
(2) Malt beverage license. The municipality may also enter into an operating agreement with an individual to operate a malt beverage license that the municipality owns.
(3) Off-sale license only. If a municipality has been issued an off-sale license only, the governing body may, by resolution, enter into an operating agreement with the manager of a legitimate operating business concern for the specific purpose of operating the off-sale establishment for the municipality.
(SDCL § 35-4-22)
(B) Provisions of agreement. An operating agreement under SDCL § 35-4-19 shall include:
(1) The manager is responsible for all operating expenses, including taxes, insurance, and license fees, if any;
(2) The manager may dispense only alcoholic beverages supplied by the municipal off-sale establishment;
(3) The agreement shall be for a period not to exceed five years with the provision of one extension also not to exceed five years in the discretion of the governing body;
(4) The agreement may be canceled by 90-days’ written notice by either party;
(5) The manager shall pay for all alcoholic beverages supplied by the municipal off-sale establishment, the actual cost price, the transportation charges and markup, and any additional compensation or fee as may be mutually agreed upon by both parties;
(6) A complete and detailed record shall be maintained by the municipality of all alcoholic beverages supplied the on-sale manager. All alcoholic beverages shall be evidenced by prenumbered invoices prepared in triplicate showing the date, quantity, brand, size, and actual cost as set forth in division (5) above. The invoices shall bear the signature of the on-sale manager or the manager’s authorized representative. One copy of the invoice shall be retained by the off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the Municipal Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes.
(SDCL § 35-4-21)
(C) Purchase on credit. An operator may not purchase alcoholic beverages on credit.
(D) Number of operating agreements. The number of operating agreements the municipality may have is limited to the number of licenses a municipality can issue.
§ 113.48 MUNICIPALITY HOLDING REQUIRED LICENSE AUTHORIZED TO SERVE FOOD, PREPARED FOOD, AND BEVERAGES.
Any municipality holding a license pursuant to SDCL Title 35 may serve or provide for the service of food, prepared food, and beverages at any establishment operating under such license.
(SDCL § 9-12-20)
AGE REQUIREMENTS
§ 113.60 SALE TO PROHIBITED PERSONS.
(A) No licensee may sell or serve any alcoholic beverage to any person who is obviously intoxicated.
(B) However, no licensee is civilly liable to any injured person or the injured person's estate for any injury suffered, including any action for wrongful death, or property damage suffered because of the intoxication of any person due to the sale or consumption of any alcoholic beverage in violation of the provisions of this section.
(SDCL § 35-4-78) Penalty, see § 10.99
§ 113.61 MINORS ON PREMISES.
No on-sale or off-sale licensee may permit any person less than 21 years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on the licensed premises.
(SDCL § 35-4-79) Penalty, see § 10.99
§ 113.62 EXCEPTION TO PROHIBITION ON SALES OR SERVICE BY PERSONS UNDER 21 YEARS OLD.
(A) Notwithstanding the provisions of § 113.61, above, any on-sale or off-sale licensee may permit persons 18 years old or older to sell or serve alcoholic beverages if less than 50% of the gross business transacted by the establishment is from the sale of alcoholic beverages, or the licensee or an employee that is at least 21 years of age is on the premises when the alcoholic beverage is sold or served.
(B) For the purposes of this section, the term, TO SELL OR SERVE ALCOHOLIC BEVERAGES, does not include tending bar or drawing, pouring, or mixing alcoholic beverages.
(SDCL § 35-4-79.4)
Penalty, see § 10.99
CHAPTER 114: ADULT-ORIENTED BUSINESS
Section
General Provisions
114.01 Definitions
114.02 Classification
114.03 Inspection
Licensing
114.15 License required
114.16 Issuance
114.17 Fees
114.18 Expiration and suspension
114.19 Revocation
114.20 Transfer
Additional Regulations
114.35 Adult motels
114.36 Venues for adult film and entertainment
114.37 Escort agencies
114.38 Nude model studios
114.39 Public nudity
114.40 Prohibition against children in adult-oriented business
114.41 Hours of operation
GENERAL PROVISIONS
§ 114.01 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video, or laser disc players, or other image-producing devices are maintained to show images to five and fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) (a) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE; and
(3) Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. A PRINCIPAL BUSINESS PURPOSE is defined as a substantial or significant portion of its stock or trade for sale or rental, and characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment whether or not alcoholic beverages are served, which regularly features persons who appear semi-nude.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT-ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by an emphasis on the exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE. A person who performs any service on the premises of an adult-oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an EMPLOYEE, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage, or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT. This means and includes any of the following:
(1) The opening or commencement of any adult-oriented business as a new business;
(2) The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;
(3) The additions of any adult-oriented business to any other existing adult-oriented business; or
(4) The relocation of any adult-oriented business.
LICENSEE. A person in whose name a license to operate an adult-oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
REGULARLY FEATURED or REGULARLY SHOWN. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
SEMI-NUDE or SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO. Any place where a person who appears semi-nude, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the state or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; unlawful gambling; or distribution of a controlled substance;
(2) For which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of another’s human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) and (2) above.
SUBSTANTIAL ENLARGEMENT. The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT-ORIENTED BUSINESS. This means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 25, passed 8-7-2008)
§ 114.02 CLASSIFICATION.
Adult-oriented businesses are classified as follows:
(A) Adult arcades;
(B) Adult bookstores, adult novelty stores, or adult video stores;
(C) Adult cabarets;
(D) Adult motels;
(E) Adult motion picture theaters;
(F) Adult theaters;
(G) Escort agencies; and
(H) Nude model studios.
(Ord. 25, passed 8-7-2008)
§ 114.03 INSPECTION.
(A) Adult-oriented businesses and adult-oriented business employees shall permit officers or agents of the city to inspect, from time to time on an occasional basis, the portions of the adult-oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the adult-oriented business is occupied by patrons or is open for business.
(B) A licensee who intentionally refuses to permit such an inspection shall not constitute a misdemeanor, but shall constitute a violation of this chapter for purposes of license denial, suspension, and/or revocation.
(C) This chapter shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
(Ord. 25, passed 8-7-2008)
LICENSING
§ 114.15 LICENSE REQUIRED.
(A) It is unlawful:
(1) For any person to own, manage, or operate an adult-oriented business without a valid adult- oriented business license issued by city pursuant to this chapter;
(2) For any person to obtain employment as an escort, or operate as an escort, without having secured an adult-oriented business escort license; and
(3) For any person who owns, manages, or operates an adult-oriented business to employ an escort to work for the adult-oriented business who is not licensed as an adult-oriented business escort.
(B) An application for a license must be made on a form provided by city.
(C) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide the information (including fingerprints) as to enable city to determine whether the applicant meets the qualifications established in this chapter.
(D) If a person who wishes to operate an adult-oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult-oriented business is other than an individual, each individual who has any financial interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(Ord. 25, passed 8-7-2008) Penalty, see § 10.99
§ 114.16 ISSUANCE.
(A) Upon the filing of the application for an adult-oriented business employee license, the city shall issue a temporary license to the applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) The applicant has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a specified criminal activity as defined in this chapter;
(4) The adult-oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this chapter; or
(5) The applicant has had an adult-oriented business employee license revoked by city within two years of the date of the current application. If the adult-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in § 114.18(A).
(6) An application shall be considered complete when it contains the information required in divisions (A)(1) through (A)(5) above.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by city that the applicant has not been convicted of any specified criminal activity as defined in this subchapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 114.18.
(C) Within 30 days after receipt of a completed adult-oriented business application, the city shall approve the issuance of a license to the applicant or shall issue a letter of intent to deny a license to the applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is under 18 years of age;
(2) An applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any adult-oriented business;
(3) An applicant has been denied a license by the city to operate an adult-oriented business within the preceding 12 months or whose license to operate an adult-oriented business has been revoked within the preceding 12 months;
(4) An applicant has been convicted of a specified criminal activity defined in this chapter;
(5) The license fee required by this chapter has not been paid; and
(6) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(D) All business licenses shall be posted in a conspicuous place at or near the entrance to the adult- oriented business so that they may be easily read at any time.
(Ord. 25, passed 8-7-2008)
§ 114.17 FEES.
(A) Every application for a new adult-oriented business license shall be accompanied by a non-refundable application and investigation fee. Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(B) In addition to the application and investigation fee required above, every adult-oriented business that is granted a license shall pay to the city an annual non-refundable license fee within 30 days of license issuance or renewal. Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(C) In addition, each applicant shall pay to the city an annual non-refundable fee per employee. Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(D) Every application for an adult-oriented business escort license (whether for a new license or renewal of an existing license) shall be accompanied by a nonrefundable license fee. Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(E) All license applications and fees shall be submitted to the city’s Finance Officer.
(Ord. 25, passed 8-7-2008)
§ 114.18 EXPIRATION AND SUSPENSION.
(A) (1) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least 90 days before the expiration date, and when made less than 90 days before the expiration date, the expiration of the license will not be affected.
(2) When the city denies the renewal of a license, the applicant shall not be issued a license for one year from the date of denial.
(3) If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(B) (1) The city shall issue a letter of intent to suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any section of this chapter; and
(b) Refused to allow an inspection of the adult-oriented business premises as authorized by this chapter.
(2) Suspension of the license shall be effective 14 days after the letter of intent to suspend is sent.
(C) The procedures for revocation of a business license in § 111.57 apply to the suspension or revocation of a license issued under this chapter.
(Ord. 25, passed 8-7-2008)
§ 114.19 REVOCATION.
(A) The city shall issue a letter of intent to revoke a license if a cause of suspension in § 114.18(B) occurs, and the license has been suspended within the preceding 12 months. Revocation of the license shall be effective 14 days after the letter of intent to revoke is sent.
(B) The city shall issue a letter of intent to revoke a license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee has knowingly allowed prostitution on the premises;
(4) A licensee knowingly operated the adult-oriented business during a period of time when the licensee’s license was suspended;
(5) Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
(6) A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due; and
(7) A licensee has been convicted of specified criminal activity as defined in this chapter.
(C) (1) When the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult-oriented business license for one year from the date the revocation became effective.
(2) If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(D) (1) After denial of an application, denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of the administrative action in any court of competent jurisdiction.
(2) The administrative action shall be promptly reviewed by the court.
(E) The procedures for revocation of an adult oriented business license in § 111.57 apply to the suspension or revocation of a license issued under this chapter.
(Ord. 25, passed 8-7-2008)
§ 114.20 TRANSFER.
A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult- oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 25, passed 8-7-2008)
ADDITIONAL REGULATIONS
§ 114.35 ADULT MOTELS.
(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a reputable presumption that the establishment is an ADULT MOTEL as that term is defined in this chapter.
(B) A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult-oriented license, he or she rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or sub-rents the same sleeping room again.
(C) For purposes of division (B) above, the terms RENT or SUB-RENT mean the act of permitting a room to be occupied for any form of consideration.
(Ord. 25, passed 8-7-2008)
§ 114.36 VENUES FOR ADULT FILM AND ENTERTAINMENT.
(A) A person who operates or causes to be operated an adult arcade, adult bookstore, adult novelty store, or adult video store which exhibits on the premises a film, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) Upon application for an adult-oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s station may be made without the prior approval of the city.
(4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager’s station or able to see electronic monitoring stations.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this division (A)(5) must be by direct line of sight from the manager’s station or by electronic monitoring.
(6) It shall be the duty of the licensee to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(1) above.
(7) No viewing room may be occupied by more than one person at any time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot candles as measured at the floor level.
(9) It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(11) No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(12) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within 48 inches of the floor.
(B) A person having a duty under division (A) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(Ord. 25, passed 8-7-2008)
§ 114.37 ESCORT AGENCIES.
(A) An escort agency shall not employ any person under the age of 18 years.
(B) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Ord. 25, passed 8-7-2008)
§ 114.38 NUDE MODEL STUDIOS.
(A) A nude model studio shall not employ any person under the age of 18 years.
(B) A person under the age of 18 years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this division (B) if the person under 18 years was in a restroom not open to public view or visible to any other person.
(C) A person commits an offense if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room opens to the public.
(Ord. 25, passed 8-7-2008)
§ 114.39 PUBLIC NUDITY.
(A) It shall be unlawful for a person who knowingly and intentionally, in an adult-oriented business, appears in a state of nudity or depicts specified sexual activities.
(B) It shall be unlawful for any employee, while semi-nude in an adult-oriented business, to knowingly or intentionally receive any pay or gratuity directly from any patron or customer or for any patron or customer to knowingly or intentionally pay or give any gratuity directly to any employee, while the employee is semi-nude in an adult-oriented business. Gratuities may be provided by any patron or customer to designated employees who are not semi-nude or to any designated containers used solely as a collection device to receive gratuities.
(C) It shall be unlawful for an employee, while semi-nude, to intentionally touch, fondle, or caress a customer or the clothing of a customer.
(D) It shall be unlawful for a patron or customer of an adult-oriented business to knowingly and intentionally touch any semi-nude employee or the stage of the adult-oriented business.
(Ord. 25, passed 8-7-2008) Penalty, see § 10.99
§ 114.40 PROHIBITION AGAINST CHILDREN IN AN ADULT-ORIENTED BUSINESS.
A person commits a misdemeanor if the person allows a person under the age of 18 years on the premises of an adult-oriented business.
(Ord. 25, passed 8-7-2008) Penalty, see § 10.99
§ 114.41 HOURS OF OPERATION.
No adult-oriented business, except for an adult motel, may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on each day of the week.
(Ord. 25, passed 8-7-2008) Penalty, see § 10.99
CHAPTER 115: SIGNS AND OTHER ADVERTISEMENTS
Section
115.01 Authority and intent
115.02 Definitions
115.03 General regulations
115.04 Outdoor lighting for advertising
115.05 Sign maintenance
115.06 Enforcement
115.07 Appeals and variations
115.08 Permits and fees
115.09 Prohibited signs
§ 115.01 AUTHORITY AND INTENT.
(A) Authority. The city’s authority to regulate signs, billboards, and other advertising structures is specified in SDCL Ch. 31-29.
(B) Intent. The purpose of this chapter shall be to establish effective local regulation of outdoor advertising so as to promote the health, safety, and general welfare of those persons using and residing adjacent to public rights-of-way. The following regulations are intended to promote and preserve the natural aesthetics of the city while providing for the convenience of the traveling public, for the promotion of locally available facilities, goods, and services, and to minimize negative impacts on property adjacent to public rights-of-way.
(Ord. #10, passed 5-17-2007)
§ 115.02 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN/BILLBOARD. A sign or sign structure that is blank, obliterated, or displays obsolete advertising material for a period in excess of 90 days. The 90-day period for determining if a sign is ABANDONED commences upon notification of violation to the offender.
BACK-TO-BACK SIGN. An off-premises or on-premises sign consisting of two sign facings oriented in the opposite direction with not more than one face per side.
BANNER SIGN. An on-premises sign which can be changed periodically to identify an establishment’s activities, products, or services conducted or available on the property.
DIRECTIONAL SIGN. A sign erected for the convenience of the public, such as directing traffic movement, parking, or identifying restrooms, public telephones, walkways, and other similar features or facilities and bearing no advertising in the message.
DOUBLE FACED SIGN. An off-premises or on-premises sign with two adjacent faces oriented in the same direction and not more than ten feet apart at the nearest point between the two faces.
FACING. The portion of a sign structure upon which advertising is affixed or painted and visible in one direction at one time.
FREESTANDING SIGN. A sign on a frame, pole, or other support structure not attached to any building.
HIGHWAY. Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a HIGHWAY. The term HIGHWAY shall also include private access easements and roadways.
OFF-PREMISES SIGN. A sign/billboard that advertises goods or services not available at the location of the billboard or advertising sign.
ON-PREMISES SIGN. A sign identifying an establishment’s activities, products, or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located.
PLANNING OFFICIAL. The Board of Commissioners and its designee charged with the administration and enforcement of this chapter.
SIGNS/BILLBOARDS. Any sign defined in this chapter which displays or conveys any identification, description, illustration, or device, illuminated or non-illuminated, which directs attention to a product, service, business activity, institution, business, or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information, with the exception of window displays.
SIGN STRUCTURE. The sign face and support members that are permanently affixed to the ground or attached to a structure. SIGN STRUCTURE does not include the sign frame.
TEMPORARY SIGNS. Signs and sign structures that are temporary in nature that are placed or erected in such a manner to be easily removed from the property and are not permanently affixed.
(Ord. #10, passed 5-17-2007)
§ 115.03 GENERAL REGULATIONS.
(A) In any zoning district where signs are allowed, a sign permit shall be required unless otherwise stated.
(B) In addition to all applicable state and federal regulations, any sign erected within the city shall be required to conform to the following regulations.
(1) A sign permit shall be required for any new on-premise or off-premise sign installation, including temporary signs. At the time of installation, the new sign must conform to all requirements of the zoning ordinance at the time of installation. All off-premises signs require a conditional use permit. All off-premises sign permits must be renewed annually.
(2) The provisions of §§ 155.270 through 155.280 or 155.335 through 155.341 apply to all conditional use permits. In addition, due consideration shall be given to the relationship between the sign(s) and the natural horizon/view shed in the area of the proposed sign location.
(a) The owner of any sign requiring a permit must apply for and obtain a valid permit as per state law and this chapter before construction or placement of the sign occurs.
(b) A sign erected or maintained without a permit is a public nuisance and subject to abatement by the state’s Department of Transportation or the city, as the case may be.
(3) No off-premises sign shall be erected or placed closer than 1,500 feet from any residential district and/or dwelling unit without an approved conditional use permit.
(4) Off-premises signs shall be located no closer than 1,500 feet from all other off-premises signs.
(5) No illuminated sign shall be permitted within 1,500 feet of any dwelling unit or residential district without an approved conditional use permit. All illuminated signs shall be installed and maintained so as to minimize spillage of light outside of the sign face.
(6) Off-premises signs shall not exceed a height of 40 feet. The maximum display area of any off-premises sign located adjacent to a two or more lane highway shall not exceed 250 square feet on each face. The maximum display area of any off-premises sign located on the interstate shall not exceed 400 square feet on each face. The height of the off-premises sign shall be measured from the road surface.
(7) All off-premises and on-premises signs shall be placed or erected in conformity with all applicable side and rear yard setback requirements for structures. The minimum front yard setback requirement for on-premises or off-premises signs shall be five feet from any property line.
(8) No sign, including political signs, are allowed to be located in any public right-of-way or public or private access easement. All signs issued by the city for public notice of proposed land use changes are exempt from this requirement.
(9) There shall be a 250-foot separation between a new off-premises sign and an existing freestanding on-premises sign. The separation restrictions shall not apply to new freestanding on-premises sign and an existing off-premises sign.
(10) All on-premises and off-premises sign structures shall be painted and maintained in muted colors as to blend into the natural surroundings. Colors shall include, but not be limited to, brown, black, or tan. Wood sign structures may remain unpainted and be allowed to have a natural patina. At no time shall bright or neon colors be used for either wood or metal sign structures.
(11) No debris, including, but not necessarily limited to, wood material, posts, metal, paper, plastic, cardboard, or other materials from the construction or maintenance of a sign, shall be left at the location or vicinity of a sign. Any violation of this section is hereby declared a nuisance and subject to abatement.
(12) Freestanding on-premises signs shall not exceed a height of 30 feet. The maximum display area of any freestanding on-premises sign shall not exceed 250 square feet on each side. The height of the freestanding on-premises sign shall be measured from the road surface.
(13) Banner signs shall be approved by the Planning Official for size and location and must substantially conform to the regulations of this chapter. A banner sign permit may be renewed annually upon review of the Planning Official. Banner signs may be changed without the need for a new permit provided the dimensions of the banner sign do not change.
(14) Approved temporary signs related to an event are only allowed to be erected 30 days prior to the event and must be removed within ten days of the conclusion of the event. Temporary signs shall be approved by the Planning Official for size and location and must substantially conform to the regulations of this chapter. All non-event temporary sign permits are issued for 30 days, renewable twice for a maximum of 90 days. The temporary sign must be removed following the expiration of the temporary sign permit.
(15) On-premises signs which advertise or direct attention to a home occupation shall not exceed six square feet in area and shall be limited to one such sign per approved home occupation. A home occupation shall be allowed to have one wall sign or one freestanding sign. The freestanding sign shall be located at least five feet from the property line and have a maximum height of five feet. A conditional use permit may allow for a larger size sign, if appropriate to the area.
(16) Each subdivision that has been approved in accordance with the regulations of Chapter 155 shall be allowed one on-premises sign per entrance, not exceeding 75 square feet in area, advertising the name of such subdivision. The subdivision sign shall be set back at least five feet from the property line. The signs should be aesthetically pleasing and blend into the surroundings.
(17) In residential zoning districts, the following signs shall be allowed without a permit but must comply with the criteria set forth below:
(a) Real estate sale, political campaign, and other noncommercial speech signs that do not exceed nine square feet in total and, if freestanding, five feet in height. No more than one such sign per street frontage. Political campaign signs may be erected 60 days prior to the scheduled date of the primary election and must be removed not later than seven days after the candidate is unsuccessful, withdraw, or the general election, whichever comes first;
(b) Businesses working at a residentially zoned lot, such as landscapers or window treatment installers, may post an identifying sign only when they are physically at the residence, and the sign shall be removed immediately when the working party leaves the property. Such sign shall not exceed nine square feet in total area and, if freestanding, shall not exceed five feet in height. No more than one such sign per street frontage per lot is allowed; and
(c) Under construction signs. For construction on or development of lots, not more than three signs with a combined total area of 70 square feet, stating the names of contractors, engineers, or architects, is allowed during the time that construction or development is actively underway.
(18) In all other zoning districts, the following signs shall be allowed without a permit but must comply with the criteria set forth below.
(a) Parking area signs. For each permitted or required parking area that has a capacity of more than four cars, one sign, not exceeding four square feet in area, may be allowed at each entrance to or exit from such parking area. In addition, one sign, not exceeding nine square feet in area, is allowed for identifying or designating the conditions of use of such parking area.
(b) For sale or for rent signs. Not more than one non-illuminated for sale or for rent sign is allowed for the purpose of advertising the sale, rental, or lease of the premises on which the sign is located. Such sign shall not exceed nine square feet in size, shall be no more than five feet high, and shall be at least five feet from the property line.
(c) Under construction signs. For construction on or development of lots, not more than three signs with a combined total area of 70 square feet, stating the names of contractors, engineers, or architects, is allowed during the time that construction or development is actively underway.
(d) Emergency 911 signs. Residential locator or E-911 signs.
(e) Political campaign signs. Political campaign signs that are temporarily placed on the ground pending an election shall not exceed nine square feet in size, shall be no more than five feet high, and shall be at least five feet from the property line. Political campaign signs may be erected 60 days prior to the scheduled date of the primary election and must be removed not later than seven days after the candidate is unsuccessful, withdraw, or the general election, whichever comes first.
(19) Applications for a sign permit shall be made in writing upon forms furnished by the city. No permit shall be issued until each sign application is approved by the Planning Committee and the Board of Commissioners. At a minimum, the following complete information shall be provided before an application is considered:
(a) Name and address of the sign owner and the contractor;
(b) Name and address of the property owner where the sign is to be located;
(c) The legal description of the proposed sign location;
(d) Clear and legible drawing of the proposed sign to scale with description of the sign showing construction type and lighting;
(e) Site plan showing the location and setbacks on the property where the sign is to be located;
(f) The property owner’s signature; and
(g) Other such data and information deemed necessary by the Planning Committee.
(20) No off-premises or on-premises sign shall be constructed which resembles any official marker erected by a governmental entity or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device, sign, or marker.
(21) Owners of on-premises and off-premises signs are encouraged to allow public service announcements to be located on signs that display no advertisement for more than 30 calendar days.
(22) A vehicle or trailer of any form or type, whether licensed or not, or in working condition or not, intended to be used as or in conjunction with an on-premises or off-premises sign, shall not be located adjacent to any public right-of-way or on private or public property so as to be visible from the public right-of-way. Vehicles or trailers whose primary use is other than outdoor advertising shall be exempt from this section.
(Ord. #10, passed 5-17-2007)
§ 115.04 OUTDOOR LIGHTING FOR ADVERTISING.
(A) All lighted outdoor advertising signs/billboards shall meet or exceed the requirements.
(B) Signs may be illuminated subject to the following restrictions.
(1) Signs that contain, include, or are illuminated by any flashing, intermittent (less than six seconds) moving light(s) are prohibited.
(2) Electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable-message signs which function in the same manner as multiple-face signs are permitted, provided such signs do not interfere with traffic safety, do not change messages less than every six seconds, and do not resemble or simulate traffic control or safety devices or signs.
(3) Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.
(4) No sign shall be lighted after 11:00 p.m. unless otherwise permitted through a conditional use permit.
(C) A nonconforming sign or sign structure existing at the time of the adoption of the ordinance codified herein may be continued, maintained, and repaired as follows. Any sign or sign structure not required to be removed or until the time of actual removal may be used and may be repaired if the expense of ordinary and customary maintenance does not exceed 50% of the depreciated value of the sign or if the same has not been damaged beyond 50% of its depreciated value by an act of God unless special circumstances warrant a variance by the Board of Adjustment, such as, but not necessarily limited to, acts of vandalism or an accident.
(D) No sign shall exceed two sides. Signs shall have no more than one frontal face (front) and one back face (back) as viewed from one static position.
(E) No sign shall be constructed, placed, or erected at or near any intersection such that it would violate § 155.317 pertaining to the required 40-foot sight triangle at intersections. No sign shall be allowed in an easement or in the 40-foot sight triangle of the intersection of two easements.
(F) The changing of advertising messages or face on an existing sign shall be allowed without fee or permit. The changing of advertising messages on an existing sign shall be allowed without fee or permit.
(Ord. #10, passed 5-17-2007)
§ 115.05 SIGN MAINTENANCE.
(A) Any sign existing on the date of adoption of the ordinance codified herein which does not conform with the provisions of this code is eligible for characterization as a legal nonconforming sign and is permitted to remain except as follows:
(1) The sign has been removed, relocated, or destroyed;
(2) The sign has been brought into compliance with this chapter; or
(3) The sign is abandoned.
(B) Signs shall be maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of said signs. Signs requiring basic maintenance as deemed by the planning official shall be brought into compliance within 30 days upon written notice.
(C) Signs deemed to be unsafe by the Planning Official shall be removed or brought into compliance within 24 hours upon written notice. Prior to the Planning Official deeming a sign unsafe, he or she shall obtain a professional opinion from an engineer licensed in the state stating that, in the best interest of public safety, said sign ought to be removed or otherwise brought into compliance.
(Ord. #10, passed 5-17-2007)
§ 115.06 ENFORCEMENT.
(A) Violation. In addition to any and all remedies allowed under the laws of the state and this chapter, a violation of any requirement of this chapter shall also be subject to the penalties as outlined in § 155.999.
(B) Unlawful signs.
(1) Whenever it shall be determined by the Planning Official that any sign or sign structure has been constructed or erected or is being maintained in violation of the terms of Chapter 155 or has been abandoned, said sign or sign structure is hereby declared to be unlawful.
(2) Any sign or sign structure found to be unlawful shall be made to conform to all applicable laws and regulations or shall be removed at the expense of the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(C) Removal of signs.
(1) The Board of Commissioners may cause to be removed any unlawful sign or sign structure. The city shall prepare a written notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation or condition is not corrected within 30 calendar days from the date of the notice, the sign shall be removed in accordance with the provision of this chapter at the expense to the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(2) Service of the notice shall be made upon the sign owner and landowner by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. If service is made upon the landowner, service shall be to the landowner at his or her address as it appears on the last equalized assessment role of the county.
(3) Any person receiving notice may challenge the determination of the Planning Official by filing a written notice to the city within 14 days. Upon the decision of the Board of Commissioners, the person(s) receiving the initial notice will have 14 days to file a written notice of appeal to the Board of Adjustments. Failure by any person to appeal the notice within that time period shall constitute a waiver of right to an administrative hearing.
(4) The sign owner or landowner, if the sign owner is unknown, shall have 90 days to remove advertisements for establishments that are no longer in business.
(Ord. #10, passed 5-17-2007) Penalty, see § 10.99
§ 115.07 APPEALS AND VARIATIONS.
(A) Appeals. Appeals shall be processed per § 155.399.
(B) Variations. Any conflict between this chapter and Chapter 155, the more restrictive rule shall apply per the discretion of the Planning Official.
(Ord. #10, passed 5-17-2007)
§ 115.08 PERMITS AND FEES.
Permit and fees are referred to in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. #10, passed 5-17-2007)
§ 115.09 PROHIBITED SIGNS.
The following signs are prohibited within the limits of the city, and any person who erects a prohibited sign may be found guilty of a Class II misdemeanor and be subject to a fine of $200 and/or incarceration in the county’s jail for a maximum of 30 days:
(A) Signs attached or applied to trees, utility poles, vending machines, boxes, benches, and other unapproved supporting structures;
(B) Signs encroaching on a public right-of-way or extending beyond a property line except as allowed by this chapter;
(C) Illuminated signs containing flashing, intermitting, or moving light that interferes with the public’s enjoyment of property or the traveled way of streets or obscures traffic signs or devices;
(D) Signs that constitute pedestrian or vehicular traffic hazards or which could be confused with any governmental regulatory, directional, or warning sign;
(E) Signs attached to any public property, including but not limited to power poles, street light poles, traffic signs, fire hydrants, or any public building;
(F) Signs that interfere with traffic signs or signals;
(G) Signs that have vulgar pictures or wording; and
(H) Signs that case a visibility problem or interfere with traffic in any way.
(Ord. 5.01C, passed 6-5-2008)
CHAPTER 116: AMUSEMENTS
Section
General Provisions
116.01 Definitions
116.02 Activity facilities
116.03 Official supervision
Licensing
116.15 License required
116.16 Application
116.17 Supplemental items; license fee
116.18 Application procedure
116.19 Waiver of requirements
Regulations
116.30 Traffic and parking
116.31 Cleanup; damage
116.32 Disorderly conduct; disturbances
116.33 Alcoholic beverage regulations
116.34 Days and hours of operation
Violations and Enforcement
116.45 Violation of application and license
116.46 Additional law enforcement
116.99 Penalty
GENERAL PROVISIONS
§ 116.01 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
OUTDOOR.
(1) Not totally enclosed within a building or other structure; and “enclosed” shall mean totally surrounded by walls, roof, or other enclosure so as to prevent the escape of the noise or sound of whatever is going on within.
(2) Open windows, doors, or the like that allow the noise or sound to escape and potentially disturb the peace of anyone else shall cause the activity within to constitute an OUTDOOR ACTIVITY.
OUTDOOR DANCE, CONCERT, or SIMILAR ENTERTAINMENT.
(1) Any such event or happening whether on private or public property, whether the same is a private or exclusive event or open to the public, and whether the same is free of charge or subject to charge, admission, cover fee, or similar cost or reimbursement, whether direct or indirect, whatsoever.
(2) OUTDOOR DANCE, CONCERT, or SIMILAR ENTERTAINMENT shall be liberally construed, and the governing body shall be the final interpreter as to whether any event of happening shall fit within the definition of OUTDOOR DANCE, CONCERT, or SIMILAR ENTERTAINMENT.
(Prior Code, § 114.01)
§ 116.02 ACTIVITY FACILITIES.
The applicant shall provide appropriate and safe facilities for the activity or event, including such lighting, restroom facilities, trash receptacles, and exits as may be warranted by the estimated crowd size or as otherwise required by the appropriate municipal authorities.
(Prior Code, § 114.08)
§ 116.03 OFFICIAL SUPERVISION.
(A) The Public Safety Committee of the governing body (and, if applicable, the Municipal Park and Recreation Board) and the law enforcement agency or unit of the governing body shall have supervision of all outdoor dances, concerts, or similar entertainment.
(B) As such, they, along with the governing body, shall have authority to make revisions and changes in the application and in the manner of carrying out the applied-for activity.
(Prior Code, § 114.09)
Cross-reference:
Recreation facilities, see Ch. 95
LICENSING
§ 116.15 LICENSE REQUIRED.
No person, corporation, organization, or other entity shall manage, hold, conduct, or otherwise maintain any outdoor dance, concert, or similar entertainment within the municipal limits of the municipality or within one mile of the municipal limits of the municipality without first obtaining a license therefor, as provided herein.
(Prior Code, § 114.02) Penalty, see § 116.99
§ 116.16 APPLICATION.
Any applicant for the license described in § 116.02 shall file an application with the governing body (or, if the event is to be on public property under the jurisdiction of a Municipal Park and Recreation Board, the application shall be filed with the Board) at least 30 days prior to the proposed event, and the application shall contain the following information:
(A) Applicant’s name and street and mailing address;
(B) If applicant is a corporation, names and street and mailing addresses of all officers and directors;
(C) If applicant is a partnership, names and street and mailing addresses of all partners;
(D) If applicant is a noncorporate organization or other joint venture, names and street and mailing addresses of all officers, if any, all directors, if any, and, if there are no officers nor directors, names and street and mailing addresses of at least three primary or responsible persons of the organization or venture, all of whom must sign the application;
(E) Location or place of the event, including street address, if any, and the parameters or boundaries, with specificity, including exits;
(F) Date(s) of the event;
(G) Proposed time(s) and hours of operation;
(H) Type of entertainment (dance, concert, or other) with specificity, including name of band or other entertainment;
(I) Approximate or projected number of people who may attend the event(s);
(J) Whether alcoholic beverages will be sold, served, consumed, or otherwise provided;
(K) If alcoholic beverages are to be present, whether underage persons will be allowed to attend;
(L) If alcoholic beverages are present and underage persons are allowed, applicant’s specific plan to provide proper barriers or separation as required by statutory law;
(M) The number of security persons and their type, kind, or level of training, experience, or expertise;
(N) The number, kind, and location(s) of restroom facilities and trash receptacles;
(O) The plan for parking and traffic flow, (including parking locations) and regulation, with specificity;
(P) The plan for cleanup following the event, including the number of persons involved, the means and method of disposal of trash and refuse, the location of dumping, and the proposed deadline that cleanup will be completed; and
(Q) Any other information that may be required by the governing board.
(Prior Code, § 114.03)
§ 116.17 SUPPLEMENTAL ITEMS; LICENSE FEE.
(A) The license applicant, in addition to the application, shall submit at the same time a certificate or other proof of liability insurance in the amount(s) and coverage(s) that the governing board (or Municipal Park and Recreation Board) may require; and shall also submit at the same time a security, damage, cleanup, and reimbursement deposit in the form of a bond in favor of the municipality, or a cashier’s check or money order made payable to the municipality, or cash, in the amount required by the governing board (or Municipal Recreation Board).
(B) The applicant may also be required to submit additional documents or items in support of or in verification of the application.
(C) Finally, the applicant shall, at the same time, submit an application/license fee of $100.
(Prior Code, § 114.04)
§ 116.18 APPLICATION PROCEDURE.
(A) Following submission of the application and all other required items and documents and application/license fee, the applicant shall meet with the Public Safety Committee (or jointly with such Committee and the appropriate committee of the Municipal Recreation Board), to answer any questions, provide any additional or supplemental information, to receive suggestions or to otherwise work out any details to the satisfaction of the applicant and applicable committee.
(B) Following one or more committee meetings, the application shall then be considered by the governing board (or Municipal Park and Recreation Board) who shall hear the recommendation of the Committee and may hear from the applicant.
(C) Following governing body meetings, the governing body may approve the application, approve the application with amendments, or reject the application.
(D) Approval, if any, of the application as is, or as amended, shall constitute the license sought.
(Prior Code, § 114.05)
§ 116.19 WAIVER OF REQUIREMENTS.
The governing body (or Municipal Park and Recreation Board) shall have the right to waive any requirement otherwise contained in the application, including the insurance, deposit, or license fee, or an appropriate amount or percentage thereof, if, in its judgment, the minimal size of the event or the type of the event or the charitable or civic nature of the event or organization holding or promoting the same warrant any such waiver.
(Prior Code, § 114.06)
REGULATIONS
§ 116.30 TRAFFIC AND PARKING.
(A) The applicant shall ensure that all public rights-of-way, streets, alleys, sidewalks, and other regularly traveled grounds, including private driveways and driveway approaches, are kept open and not blocked, even temporarily, unless prior specific permission has been granted by the appropriate municipal authorities.
(B) In addition, the applicant shall ensure that no event parking is allowed on and along any such public right-of-way nor in any public park or otherwise on any public property without prior specific permission from municipal authorities.
(C) The applicant shall, if required by the municipality, post appropriate signs to prohibit the blocking of traffic and/or to prohibit unauthorized or unlawful parking, and any other appropriate signs required by the municipality.
(Prior Code, § 114.11)
§ 116.31 CLEANUP; DAMAGE.
The applicant shall be responsible for all cleanup and trash removal on the event site and in the surrounding area. In addition, applicant shall be responsible for damage to any municipal property, including but not limited to tables, chairs, benches, trees, shrubbery, flowers, and the like on the event site and in the surrounding area.
(Prior Code, § 114.12)
§ 116.32 DISORDERLY CONDUCT; DISTURBANCES.
The applicant and applicant’s representatives shall cooperate fully with the security people and law enforcement officers in matters of crowd control, and especially in the event of potential disturbances or disorderly conduct or similar activity.
(Prior Code, § 114.13)
§ 116.33 ALCOHOLIC BEVERAGE REGULATIONS.
The applicant shall obey all alcoholic beverage laws and if alcoholic beverages are served, sold, or otherwise provided or present, and if underage persons are invited or present, applicant shall specifically follow and obey all laws with regard to the separation of underage persons from those of age.
(Prior Code, § 114.14)
§ 116.34 DAYS AND HOURS OF OPERATION.
(A) The applicant shall operate the event(s) only on the day(s) and during the hours approved by the appropriate municipal authorities.
(B) Unless otherwise specifically approved by the municipality, no outdoor dances, concerts, or similar entertainment events at which alcoholic beverages will be sold, served, consumed, provided, or otherwise present shall not be held on the following days nor during or after the following hours:
(1) Christmas Day;
(2) If on Christmas Eve, not after 12:00 a.m.;
(3) Memorial Day, except if the event is held the day or evening before Memorial Day, the event shall not run beyond 1:00 a.m. of Memorial Day;
(4) Sundays, except if the event is held on a Saturday or Saturday evening, the event shall not run beyond 1:00 a.m. of the Sunday following the Saturday event;
(5) If on a Monday, Tuesday, Wednesday, or Thursday, the event shall not run beyond 1:00 a.m. of the following morning;
(6) If on a Friday, the event shall not run beyond 1:00 a.m. of the following morning;
(7) If on a Saturday, the event shall not run beyond 1:00 a.m. of the following morning; and
(8) Outdoor dances, concerts, or similar entertainments are generally discouraged on all nights except Friday and Saturday, if the event shall run past 11:00 p.m.
(Prior Code, § 114.15)
VIOLATIONS AND ENFORCEMENT
§ 116.45 VIOLATION OF APPLICATION AND LICENSE.
It shall be unlawful for any applicant or any person acting on behalf of any applicant to violate any provision of his, her, or its application or requirement of the license issued pursuant thereto.
(Prior Code, § 114.07) Penalty, see § 116.99
§ 116.46 ADDITIONAL LAW ENFORCEMENT.
The Public Safety Committee and the municipality’s law enforcement agency may deem it necessary to provide or contract for additional law enforcement for the municipality or for the area around the event site, at or about the time(s) of the event. It shall be the responsibility of the applicant to pay for such additional enforcement, without question; and the amount therefor may be projected and included in the deposit amount to be submitted with the application, or the municipality may require an additional deposit to be made to cover such additional law enforcement cost prior to the date(s) of the proposed event.
(Prior Code, § 114.10)
§ 116.99 PENALTY.
It shall be unlawful for any applicant or any person acting on behalf of any applicant, or for any other person, to violate any provision of this chapter. If any applicant or any person acting on his or her behalf or any other person does violation the provisions of this chapter, he or she may be fined an amount not to exceed $500 and imprisoned no longer than 30 days, or both.
(Prior Code, § 114.99)
CHAPTER 117: AUCTIONS
Section
117.01 Definitions
117.02 Requirements
117.03 Exempt sales
117.04 Auction receipts
§ 117.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUCTION SALE. The offering for sale or selling of personal property to the highest bidder or offering for sale or selling of personal property at a high price and then offering the personal property at successive lower prices until a buyer is secured.
NEW MERCHANDISE. Any merchandise not previously sold at retail.
(Prior Code, § 111.01)
Statutory reference:
Related provisions, see SDCL § 37-14-2
§ 117.02 REQUIREMENTS.
The requirements of this chapter are in addition to and not in lieu of any other state or local license.
(Prior Code, § 111.02)
Statutory reference:
Related provisions, see SDCL § 37-14-5
§ 117.03 EXEMPT SALES.
The provisions of this chapter do not extend to the sale at public auction of livestock, farm machinery, or farm produce or any other item commonly sold at farm sale, to any auction sale held under authority of or under the supervision and direction of any court of this state, or to any person, firm, or corporation who has been engaged in business in this state for a period of at least one year, conducting a closing out or stock reduction sale of the business.
(Prior Code, § 111.03)
Statutory reference:
Related provisions, see SDCL § 37-14-4
§ 117.04 AUCTION RECEIPTS.
(A) Any money that an auction cashier receives on behalf of a client from an auction sale shall be deposited in a separate account maintained for auction sale proceeds only.
(B) Any money that an auction cashier receives on behalf of a client from an auction sale shall be given to the client within 20 working days of the auction sale. This section does not apply to any bad check or if there is a prior written agreement between the client and the cashier.
(C) Divisions (A) and (B) above do not apply to any livestock auction agency licensed pursuant to SDCL Ch. 40-15 or to any real estate sale.
(Prior Code, § 111.04)
Statutory reference:
Related provisions, see SDCL § 37-14-18, § 37-14-19, and § 37-14-20
CHAPTER 118: PAWNBROKERS
Section
118.01 Excessive interest
118.02 Sale of pledge during time for redemption
118.03 Conduct of business without license
118.04 Refusal to disclose purchaser and price of article sold
118.05 Refusal to exhibit stolen goods
§ 118.01 EXCESSIVE INTEREST.
No pawnbroker who receives goods in pledge for loans shall charge any rate of interest above that allowed by law.
(Prior Code, § 112.01) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 37-16-1
§ 118.02 SALE OF PLEDGE DURING TIME FOR REDEMPTION.
No pawnbroker shall sell any article received by him or her in pledge before the time to redeem the same has expired.
(Prior Code, § 112.01) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 37-16-2
§ 118.03 CONDUCT OF BUSINESS WITHOUT LICENSE.
All pawnbrokers in this municipality shall apply for and receive a license to carry on the business of a pawnbroker pursuant to SDCL § 9-34-8.
(Prior Code, § 112.03) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 37-16-3
§ 118.04 REFUSAL TO DISCLOSE PURCHASER AND PRICE OF ARTICLE SOLD.
Any pawnbroker shall not refuse to disclose the purchaser and price received by him or her for any article received by him or her in pledge and subsequently sold.
(Prior Code, § 112.04) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 37-16-4
§ 118.05 REFUSAL TO EXHIBIT STOLEN GOODS.
Any pawnbroker and junk dealer who, having received any goods which have been stolen, shall not refuse to exhibit them upon demand during usual business hours to the owner of such goods or his or her agents authorized to demand an inspection.
(Prior Code, § 112.05) Penalty, see § 10.99
Statutory reference:
Related provisions, see SDCL § 37-16-5
CHAPTER 119: REGULATION AND LICENSING OF MEDICAL CANNABIS
Section
119.01 Application for local permit/license
119.02 Number of licenses
119.03 License fees
§ 119.01 APPLICATION FOR LOCAL PERMIT/LICENSE.
A medical cannabis establishment desiring to operate in the city shall be required to apply for a permit and/or license from the municipality. Applications for a local permit and/or license to operate a medical cannabis establishment, as defined by SDCL § 34-20G-1, shall not be accepted until the South Dakota Department of Health has promulgated regulations as required by SDCL § 34-20G-72. Any application received prior to such regulations being promulgated shall be denied.
(Ord. Title XI, Sec. 119, passed 6-17-2021)
§ 119.02 NUMBER OF LICENSES.
(A) There shall be available as new local licenses for medical cannabis establishments a total of one license.
(B) The total new local licenses established by division (A) shall be allocated as follows, with a maximum number of local licenses limited within type of medical cannabis establishment as follows:
(1) Cultivation facility: 0 licenses;
(2) Cannabis testing facility: 0 licenses;
(3) Cannabis product manufacturing facility: 0 licenses; and
(4) Dispensary: 1 license.
(C) The Commissioners shall consider all qualified applications in the order they were received. No local licenses may be issued after the available new local licenses have been awarded by the Commissioners.
(D) Should any additional local licenses become available through revocation or otherwise, such license shall be made available to the first qualified applicant.
(Ord. Title XI, Sec. 119, passed 6-17-2021)
§ 119.03 LICENSE FEES.
(A) There shall be an application fee in the amount of $1,000.
(B) There shall be a fee for newly issued licenses under this chapter for each type of medical cannabis establishment as follows:
(1) Cultivation facility: $25,000;
(2) Cannabis testing facility: $25,000;
(3) Cannabis product manufacturing facility: $25,000; and
(4) Dispensary: $50,000.
(Ord. Title XI, Sec. 119, passed 6-17-2021)
TITLE XIII: GENERAL OFFENSES
Chapter
130. GENERAL OFFENSES
131. OFFENSES AGAINST PUBLIC PEACE
132. OFFENSES AGAINST PROPERTY
CHAPTER 130: GENERAL OFFENSES
Section
General Provisions
130.01 State crimes adopted
130.02 Threatening, intimidating phone calls
Offenses against the Administration of Government
130.15 Refusal to aid police
130.16 Assault against an officer
130.17 Obstructing an officer
130.18 Interference with officers
130.19 Failure to stop; escape
130.20 False reporting to authorities
130.21 Impersonation of police officer
Safety Provisions
130.35 Cruelty to animals
130.36 Poisoning
130.37 Abandoning of an animal
130.38 Trapping of an animal
130.39 Hunting prohibited
130.40 Railroad trains not to block street
130.41 Smoking in public or place of employment prohibited
130.42 Malicious mischief
130.43 Wells and cisterns covered
130.44 Electronic cigarettes
130.99 Penalty
GENERAL PROVISIONS
§ 130.01 STATE CRIMES ADOPTED.
The provisions of SDCL Title 22 are herein adopted by reference and shall be enforced by the police officers of this municipality. It shall be unlawful to violate any of the provisions of this chapter.
(Prior Code, § 130.01) Penalty, see § 130.99
Cross-reference:
Police, see Ch. 33
§ 130.02 THREATENING, INTIMIDATING PHONE CALLS.
It is unlawful for a person to use a telephone for any of the following purposes:
(A) To call another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
(B) To call another person with intent to threaten to inflict physical harm or injury to any person or property;
(C) To call another person with intent to extort money or other things of value; or
(D) To call another person with intent to disturb him or her by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection.
(Prior Code, § 135.01) Penalty, see § 130.99
OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT
§ 130.15 REFUSAL TO AID POLICE.
It shall be unlawful to fail to promptly aid the police in the discharge of their duties when called upon by any police officer to do the same.
(Prior Code, § 130.15) Penalty, see § 130.99
§ 130.16 ASSAULT AGAINST AN OFFICER.
It shall be unlawful to attempt assault or strike any officer of the municipality while such officer is in the discharge of his or her duty or to attempt to or knowingly cause bodily injury to a law enforcement officer or public officer engaged in the performance of his or her official duties.
(Prior Code, § 130.16) Penalty, see § 130.99
Statutory reference:
Provisions on assault, see SDCL §§ 22-18-1 et seq.
§ 130.17 OBSTRUCTING AN OFFICER.
Except as provided in SDCL §§ 22-11-4 and 22-11-5, any person who, by threatening to use violence, force, or physical interference or obstacle, intentionally obstructs, impairs, or hinders the enforcement of the criminal laws or the preservation of the peace by a law enforcement officer or jailer acting under color of his or her official authority, or intentionally obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter acting under color of his or her official authority, is guilty of obstructing a law enforcement officer or jailer or firefighter.
(Prior Code, § 130.17) Penalty, see § 130.99
§ 130.18 INTERFERENCE WITH OFFICERS.
It shall be unlawful for any person to interfere with any law enforcement officers who are performing any official duty.
(Prior Code, § 130.18) Penalty, see § 130.99
§ 130.19 FAILURE TO STOP; ESCAPE.
(A) (1) It shall be unlawful for any person to willfully fail or refuse to stop or flee when being signaled visually or audibly to do so.
(2) The signal given by the police officer may be by hand, voice, emergency light, or siren.
(3) The officer giving the signal to stop shall be in uniform and shall prominently display his or her badge of office.
(B) It shall be unlawful to escape from lawful confinement or to assist another in doing so.
(Prior Code, § 130.19) Penalty, see § 130.99
§ 130.20 FALSE REPORTING TO AUTHORITIES.
It shall be unlawful to:
(A) Knowingly cause a false fire or other emergency alarm to be transmitted to or within any fire department, ambulance service, or other government agency which deals with emergencies involving danger to life or property;
(B) Make a report or intentionally causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern, when he or she knows that it did not occur; or
(C) Make a report or intentionally causes the transmission of a report to law enforcement authorities which furnishes information relating to an offense or other incident within their official concern when he or she knows that such information is false.
(Prior Code, § 130.20) Penalty, see § 130.99
Statutory reference:
Falsely reporting a threat, see SDCL § 22-11-9.2
§ 130.21 IMPERSONATION OF POLICE OFFICER.
It shall be unlawful for any person to intentionally impersonate any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by which such officer, employee, firefighter, or person is usually distinguished, and in such assumed character does any act where another person is injured or defrauded.
(Prior Code, § 130.21) Penalty, see § 130.99
SAFETY PROVISIONS
§ 130.35 CRUELTY TO ANIMALS.
It shall be unlawful to engage in cruelty to animals. Any Animal Control Officer finding an animal or fowl mistreated as described in this section shall have the power to lawfully enter the premises where the animal is kept and demand to examine such animal and to take possession of such animal, when in his or her opinion, the animal requires humane treatment.
(Prior Code, § 130.35) Penalty, see § 130.99
Statutory reference:
Related provisions, see SDCL § 9-29-11
§ 130.36 POISONING.
Unless recommended by the Health Authority, it shall be unlawful for any person to willfully or maliciously administer or cause to be administered poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such animal or to destroy such animal, or to place any poison or poisoned food where such is accessible to any such animal.
(Prior Code, § 130.36) Penalty, see § 130.99
§ 130.37 ABANDONING OF AN ANIMAL.
No person shall abandon an animal in the municipality.
(Prior Code, § 130.37) Penalty, see § 130.99
§ 130.38 TRAPPING OF AN ANIMAL.
No person, without permission of the City Health Department, shall set, allow to be set, or use any trap for the purpose of catching any animal, which trap could injure or kill any animal, except rodent traps in the interior of a building and except by persons employed by or agents of the City Heath Department or Parks, Recreation, and Forestry Department for purposes of the city’s health and welfare.
(Prior Code, § 130.38) Penalty, see § 130.99
§ 130.39 HUNTING PROHIBITED.
(A) (1) No person shall hunt game in the city.
(2) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
GAME means any wild bird or animal hunted for sport or for use as food.
HUNT means to pursue GAME while in possession of a firearm or weapon for sport, food, or to kill.
(B) This section does not apply to peace officers or City Animal Control Officers in the discharge of their official duties.
(Prior Code, § 130.39) Penalty, see § 130.99
§ 130.40 RAILROAD TRAINS NOT TO BLOCK STREET.
It shall be unlawful for the directing officer or the operator of any railroad or car to direct the operation of to operate the same in such a manner as to prevent unnecessarily the use of any street for the purposes of travel for a period of time longer than five minutes, except that this provision shall not apply to trains or cars in continuous motion.
(Prior Code, § 130.40) Penalty, see § 130.99
§ 130.41 SMOKING IN PUBLIC OR PLACE OF EMPLOYMENT PROHIBITED.
(A) No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment.
(B) A violation of this section is a petty offense.
(SDCL § 34-46-14)
(Prior Code, § 130.41) Penalty, see § 130.99
§ 130.42 MALICIOUS MISCHIEF.
It shall be unlawful for any person to injure, damage, deface, break, tamper with, or otherwise harm property, public or private, real or personal, not his or her own.
(Prior Code, § 130.42) Penalty, see § 130.99
§ 130.43 WELLS AND CISTERNS COVERED.
(A) No person owning or in control of any property shall allow upon any such property any well, cistern, vault, or other pit except the same be covered by a good, safe, and substantial covering made of iron or lumber, and securely fastened in such a manner that the same cannot be removed by children; provided that any person may have upon his or her premises a well closed by a high board fence or other substantial enclosure at least five feet high.
(B) Any type of well uncovered to without a fence is hereby declared to be a nuisance.
(Prior Code, § 130.43) Penalty, see § 130.99
§ 130.44 ELECTRONIC CIGARETTES.
(A) Definitions. The words and phrases defined in this section, shall, when used in this section, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning.
TOBACCO PRODUCT. Includes vapor product.
VAPOR PRODUCT. Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, VAPOR PRODUCT, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term, VAPOR PRODUCT, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.
(SDCL § 34-46-20)
(B) Prohibited. No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:
(1) A vending machine permitted under SDCL § 34-46-2(5); or
(2) Located in a tobacco specialty store.
(SDCL § 34-46-21) Penalty, see § 130.99
§ 130.99 PENALTY.
Any violation of this chapter shall result in a fine not to exceed $500 or imprisonment not exceeding 30 days or by both such fine and imprisonment.
(Prior Code, §§ 130.99, 135.99)
CHAPTER 131: OFFENSES AGAINST PUBLIC PEACE
Section
General Provisions
131.01 Disorder and disturbances
131.02 Petty theft
131.03 Lurking about premises
131.04 Hindering or molesting passerby
131.05 Playing in streets
131.06 Trespass and unauthorized use of property
131.07 Open container
131.08 Indecent exposure
131.09 Indecent act
131.10 Discharging firearms
131.11 Carrying: persons under 18
131.12 Reckless discharge prohibited
131.13 Consumption or smoking of cannabis in public places prohibited
131.14 Noise regulation and limitation
Juvenile Curfew
131.15 Purpose
131.16 Definitions
131.17 Curfew for juveniles
131.18 Responsibilities of owners of public places
131.19 Parental responsibility
131.20 Enforcement procedures
131.21 Construction and severability
GENERAL PROVISIONS
§ 131.01 DISORDER AND DISTURBANCES.
The municipality shall have power to provide for keeping and preserving the peace and quietness of the municipality, to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place.
(Prior Code, § 131.01)
Statutory reference:
General authority, see SDCL § 9-29-3
§ 131.02 PETTY THEFT.
(A) Definition. Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of THEFT.
(B) Violations. Theft is petty theft in the second degree if the value of the property stolen is $400 or less. Petty theft in the second degree is a Class II misdemeanor.
(Prior Code, § 131.06)
§ 131.03 LURKING ABOUT PREMISES.
No person shall lurk or wait or conceal himself or herself in or about any house or other building, or in or about any yard, street, alley or other public place, who being so found shall be unwilling or unable to give an explanation for his or her conduct consistent with a legitimate purpose.
(Prior Code, § 130.22)
§ 131.04 HINDERING OR MOLESTING PASSERBY.
No person shall upon any street, or at the entrance of any building on any such street, alley or sidewalk, wrongfully hinder, impede or molest any passerby, or use any rude, obscene, vulgar, indecent or threatening language to any passerby, or by any indecent act, gesture or noise molest, annoy or insult or put in fear any person passing or attempting to pass on such street, alley or sidewalk or through the entrance to such buildings.
(Prior Code, § 130.23)
§ 131.05 PLAYING IN STREETS.
No person shall fly any kite, play any game, or engage in any exercise which obstructs or interferes with the use of the streets for traffic or passage, or endangers the safety and lives of those thereon.
(Prior Code, § 130.24)
§ 131.06 TRESPASS AND UNAUTHORIZED USE OF PROPERTY.
(A) No person shall lodge, use or occupy any barn, garage, shop or other house or building or structure or any automobile, truck, railroad car or other vehicle without permission of the owner or person entitled to possession.
(B) No person shall camp or otherwise lodge in any public way, park or place which is not specifically designated as an area authorized for camping or other lodging.
(C) No person shall knowingly enter upon any privately-owned real property which is not open to the use of the public, unless he or she has first obtained the consent of the owner or person in possession or control thereof.
(Prior Code, § 130.25)
§ 131.07 OPEN CONTAINER.
(A) No person shall consume, mix, or blend any alcoholic beverage with any other beverage, regardless of whether such beverage is an alcoholic beverage, in any public place excluding the property of the premises of a licensed on-sale dealer, where such alcoholic beverage was purchased from such dealer for on-sale purposes and will exclude the municipal parks.
(B) No person shall possess in any public place other than upon the premises of a licensed on- sale dealer any glass, can, bottle or other containing any alcoholic beverage on which the seal has been broken.
(C) Exception. Any person or group may make application to the City of Summerset for a special use permit to have alcohol in a specific area of the municipal park for a set date and time.
(Prior Code, § 130.26)
§ 131.08 INDECENT EXPOSURE.
(A) No person shall appear in any public place or places exposed to public view in the state of nudity.
(B) No person shall appear in any public place or places exposed to public view with his or her genitals or the female breast covered with paint or any similar substance without also having the genitals or breast covered with a full opaque covering. Paint or any similar substance does not qualify as a full opaque covering.
(Prior Code, § 130.27)
§ 131.09 INDECENT ACT.
No person shall commit any indecent act in a public place or place exposed to public view.
(Prior Code, § 130.28)
§ 131.10 DISCHARGING FIREARMS.
No person, except an officer of the law in the performance of his or her duty, shall discharge any firearm within the city.
(Prior code, § 131.03)
§ 131.11 CARRYING: PERSONS UNDER 18.
No person under the age of 18 shall carry, discharge or shoot off any gun, pistol, rifle, air gun, carbon dioxide gun, bow or any other firearm, or use for any purpose any such device for through or forcing through the air missiles or projectiles of any character, upon the street or about or within the city, unless accompanied by his or her parent or guardian.
(Prior Code, § 131.04)
§ 131.12 RECKLESS DISCHARGE PROHIBITED.
No person shall recklessly discharge or shoot off any air gun, carbon dioxide gun or bow or use in a reckless manner, any of the aforementioned for any purpose such as throwing or forcing air missiles or projectiles of any character within the limits of the city.
(Prior code, § 131.05)
§ 131.13 CONSUMPTION OR SMOKING OF CANNABIS IN PUBLIC PLACES PROHIBITED.
It is unlawful for any person to consume or smoke cannabis in any public place including parks, sidewalks, streets, alleys, rights-of-way, sports complexes, publicly-owned property, or in any place that is open to the public.
(A) A place open to the public is a place in which the public is invited, included in, on, or around any place of business, parking lot, or place of amusement or entertainment, whether or not a charge of admission or entry thereto is required and includes the elevator, lobby, halls, corridors, and areas open to the public of any store, office or multifamily residential building, even if such place charges an admission or limits the number of admittees.
(B) Criminal penalty. Violation of the terms of this section may be enforced through a fine not to exceed the fine established by SDCL § 22-6-2(2) for each violation or by imprisonment for a period not to exceed 30 days for each violation, or by both the fine and imprisonment.
(Ord. Title XIII, Sec. 131.13, passed 6-17-2021)
§ 131.14 NOISE REGULATION AND LIMITATION.
(A) The purpose and intent of this section is to protect, preserve and promote the health, safety, welfare, peace, quiet and tranquility for the citizens and persons or visitors frequenting the city through the reduction, control and prevention of noise which is disruptive and constitutes an annoyance to such citizens and persons.
(B) General restrictions.
(1) A person or property owner may not:
(a) Make or permit any disruptive noise or use sound equipment in public or outside between 10:00 p.m. and 7:00 a.m.;
(b) Operate construction equipment, tools or conduct construction activities between 7:00 p.m. and 7:00 a.m.;
(c) Operate sound equipment in a vehicle causing any disruptive noise or a discernible vibration 20 feet from the vehicle.
(2) In addition to the specific prohibitions outlined in division (1)(a), it is unlawful for any person to make, continue, or cause to be made or continued any loud or unusual noise so as to disturb the peace of the public, any neighborhood, any business operation, family, lawful assembly of persons or a person by committing any act or acts of disturbance within the city limits.
(3) Excessive vehicle noise and dynamic engine braking. It is unlawful for any person within the city limits of the city to make, or cause to be made, loud or disturbing or offensive noise with any mechanical devices operated by compressed air and used for purposes of assisting braking such as dynamic engine braking devices (commonly referred to as "Jake" brake).
(4) Penalty. Any violation of this section will be punishable by a fine of $100 for each offense, in addition to the payment of any costs and/or restitution authorized by city ordinances and/or state law.
(C) Exemption. Agricultural equipment and production.
(Ord. 2021-07, passed 11-4-2021)
JUVENILE CURFEW
§ 131.15 PURPOSE.
The purpose of this subchapter is to regulate the presence of juveniles on streets and other public places in the city during late night hours. The city has a compelling interest in said regulation due to the increase of juvenile delinquency in the city. It is a compelling interest and goal of the city to protect the public from the illegal acts of juveniles committed after the curfew hour and also to protect the juveniles from improper influences and from criminal activity that occurs after the curfew hour. It is also the intent of this section to help parents control their children.
(Ord. 16, passed 11-1-2007)
§ 131.16 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
CITY. All area within one mile beyond the city limits.
CUSTODIAN. Any person over the age of 18 who is in loco parentis to a juvenile.
GUARDIAN. Any person other than a parent who has legal guardianship of a juvenile.
JUVENILE. Any person under the age of 16.
PARENT. The natural or adoptive parent of a juvenile.
PUBLIC PLACE. Any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A PUBLIC PLACE shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, café, theater, drugstore, poolroom, shopping center, and any other similar place, including the area immediately adjacent to the PLACE.
(Ord. 16, passed 11-1-2007)
§ 131.17 CURFEW FOR JUVENILES.
(A) It is unlawful for any person under the age of 16 years to idle, wander about with no specific destination, stroll, play, congregate, or otherwise be present in any public place, either on foot or in a motor vehicle after the hour of 10:00 p.m. or before the hour of 5:00 a.m., unless accompanied by a parent, guardian, or custodian.
(B) The foregoing notwithstanding, it shall not be a violation of this section for a juvenile to be present in a public place if the juvenile can establish that the presence is necessary to perform an errand or other specific activity at the direction of the juvenile’s parent, guardian, or custodian or to travel in the most practical and expeditious route from one nonpublic place to another nonpublic place at the specific direction of the juvenile’s parent, guardian, or custodian.
(C) Further, it shall not be a violation of this section for any juvenile to attend a special function or entertainment sponsored by any church, school, club, or other organization if the juvenile can establish that the attendance is with the specific permission of the juvenile’s parent, guardian, or custodian.
(Ord. 16, passed 11-1-2007) Penalty, see § 10.99
§ 131.18 RESPONSIBILITIES OF OWNERS OF PUBLIC PLACES.
It is unlawful for any person, firm, or corporation operating or having charge of any privately owned public place to permit or suffer the presence of a juvenile upon the premises with the knowledge that the juvenile is in violation of § 131.17.
(Ord. 16, passed 11-1-2007) Penalty, see § 10.99
§ 131.19 PARENTAL RESPONSIBILITY.
It is unlawful for the parent, guardian, or custodian of any juvenile to permit or suffer by negligent or inefficient control of the juvenile to violate any provision of this section. It shall not be a violation of this section for the parent, guardian, or custodian of a juvenile to direct and permit the juvenile to be present in a public place for the purpose of carrying out a specific errand or other specific business activity or to participate in a specific activity of any church, school, club, or organization, or to direct and permit a juvenile to travel from one nonpublic place to another nonpublic place by the most practical and direct route and means.
(Ord. 16, passed 11-1-2007) Penalty, see § 10.99
§ 131.20 ENFORCEMENT PROCEDURES.
Law enforcement officers are directed to follow the following procedures in enforcing this section.
(A) (1) A law enforcement officer, upon finding a juvenile in a public place during the prohibited hours, shall ascertain the name and address of the juvenile, shall warn the juvenile that he or she is in violation of this section, and shall direct the juvenile to proceed directly and at once to his or her home or usual place of abode.
(2) The law enforcement officer shall make a written record of the contact and warning and shall report the contact to the juvenile investigation section of the Police Department, which shall notify the parent, guardian, or custodian of the juvenile by telephone or by letter.
(B) (1) If a juvenile refuses to comply with the direction of the law enforcement officer, or refuses to give the law enforcement officer his or her correct name and address, or if the juvenile has been warned on a previous occasion, the juvenile shall be taken into custody.
(2) The parent, guardian, or custodian of the juvenile shall be notified to come and take custody of the juvenile. If the parent, guardian, or custodian cannot be located or fails or refuses to take custody of the juvenile, the juvenile shall be remanded to the juvenile authorities.
(Ord. 16, passed 11-1-2007)
§ 131.21 CONSTRUCTION AND SEVERABILITY.
(A) The city does not intend a result that is absurd, impossible to execute, or unreasonable. It is intended that this subchapter be held inapplicable in such cases, if any, where its application would be unconstitutional.
(B) Constitutional construction is intended and shall be given. The city does not intend to violate the State Constitution or the U.S. Constitution.
(C) Severability is intended throughout and within the provisions of this subchapter.
(D) If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstances, is held to be invalid, the application to other persons or circumstances shall not be affected thereby and validity of this subchapter in any and all other respects shall not be affected.
(Ord. 16, passed 11-1-2007)
CHAPTER 132: OFFENSES AGAINST PROPERTY
Section
132.01 Intentional damage to property
132.02 Interference with municipal property
132.03 Injuring signs
132.04 Connections of franchised cable television company
132.05 Connection with utilities
132.99 Penalty
§ 132.01 INTENTIONAL DAMAGE TO PROPERTY.
It shall be unlawful for any person to intentionally injure, damage, or destroy public property without the lawful consent of the appropriate governing body having jurisdiction thereof, or private property in which other persons have an interest, without the consent of the other persons.
(Prior Code, § 133.01) Penalty, see § 132.99
Statutory reference:
Similar provisions, see SDCL § 22-34-1
§ 132.02 INTERFERENCE WITH MUNICIPAL PROPERTY.
It shall be unlawful for any person to climb or in any manner interfere with any building, water tower, bridge, or structure belonging to the municipality without being authorized to do so by the municipality, and it shall also be unlawful to interfere, deface, or damage any such structure.
(Prior Code, § 133.02) Penalty, see § 132.99
§ 132.03 INJURING SIGNS.
It shall be unlawful for any person to interfere with or to obliterate, either wholly or partially, any sign, sign board, card placed, posted, extended, or erected by the city.
(Prior Code, § 133.03) Penalty, see § 132.99
§ 132.04 CONNECTIONS OF FRANCHISED CABLE TELEVISION COMPANY.
It shall be unlawful to connect or disconnect or otherwise tamper with any service connection of any franchised cable television company without the express prior approval from a designated agent of the cable television company.
(Prior Code, § 133.04) Penalty, see § 132.99
§ 132.05 CONNECTION WITH UTILITIES.
(A) It shall be unlawful to connect or cause to be connected with any main service pipe, wire, or other conductor of any gas, water, electrical energy, any pipe, wire, or other device for the purpose of obtaining gas, water, or electrical current without first obtaining prior approval from a designated agent of the appropriate entity.
(B) It shall also be unlawful for any person with the intent to defraud, connect, or cause to be connected with any meter installed, for the purpose of registering the amount of gas, water, or electricity supplied to any customer any pipe, wire, or other device or disconnect, change in any manner or interfere with any such meter or pipe or appliance connected therewith that the meter will not measure or register the full amount of gas, water, or electricity supplied to any customer.
(Prior Code, § 133.05) Penalty, see § 132.99
§ 132.99 PENALTY.
Any violation of this chapter shall result in a fine not to exceed $500 or imprisonment not exceeding 30 days or by both such fine and imprisonment.
(Prior Code, § 133.99)
TITLE XV: LAND USAGE
Chapter
150. FLOOD DAMAGE PREVENTION
151. SUBDIVISIONS
152. BUILDING REGULATIONS
153. LICENSING AND CONSTRUCTION REGULATIONS
154. WIND GENERATORS
155. ZONING
CHAPTER 150: FLOOD DAMAGE PREVENTION
Section
General Provisions
150.01 Statutory authorization
150.02 Findings of fact
150.03 Statement of purpose
150.04 Methods of reducing flood losses
150.05 Definitions
150.06 Applicability
150.07 Basis for establishing special hazard areas
150.08 Establishment of development permit
150.09 Compliance
150.10 Abrogation and greater restrictions
150.11 Interpretation
150.12 Warning and disclaimer or liability
150.13 Severability
Administration
150.25 Designation of the Floodplain Administrator
150.26 Duties and responsibilities
150.27 Permit procedures
150.28 Variance procedures
Flood Hazard Reduction
150.40 General standards
150.41 Standards for subdivision proposals
150.42 Penalties for noncompliance
150.43 Certification
150.99 Penalty
Appendix A: Flood Insurance Rate Maps
GENERAL PROVISIONS
§ 150.01 STATUTORY AUTHORIZATION.
(A) The legislature of the state has in SDCL Ch. 9-36 and § 7-18-14 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.
(B) Therefore, the Board of Commissioners does ordain as follows:
(1) The city elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).
(2) The National Flood Insurance Program, established in the aforesaid act, provides that areas of the town having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. The National Flood Insurance Program, being 42 U.S.C. §§ 4001 through 4128 was broadened and modified with the passage of the Flood Disaster Protection Act of 1973, being 42 U.S.C. §§ 4001 et seq. and other legislative measures. It was further modified by the National Flood Insurance Reform Act of 1994, being 42 U.S.C. §§ 4001 et seq.
(3) The National Flood Insurance Program is administered by the Federal Emergency Management Agency, a component of the U.S. Department of Homeland Security.
(Ord. 23, passed 8-19-2010)
§ 150.02 FINDINGS OF FACT.
(A) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.
(B) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed, or otherwise protected from flood damage.
(Ord. 23, passed 8-19-2010)
§ 150.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(A) Protect human life and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) Minimize prolonged business interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;
(F) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(G) Ensure that potential buyers are notified that property is in a flood area.
(Ord. 23, passed 8-19-2010)
§ 150.04 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter uses the following methods:
(A) Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or cause excessive increases in flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
(D) Control filling, grading, dredging, and other development which may increase flood damage; and
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
(Ord. 23, passed 8-19-2010)
§ 150.05 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
AREA OF FUTURE-CONDITIONS FLOOD HAZARD. The land area that would be inundated by the 1% annual chance (100-year) flood based on future-conditions hydrology.
AREA OF SHALLOW FLOODING. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD-RELATED EROSION HAZARD. The land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the SPECIAL FLOOD-RELATED EROSION HAZARD AREA, in preparation for publication of the FIRM, Zone E may be further refined.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase AREA OF SPECIAL FLOOD HAZARD.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). The water surface elevation of the 1% annual chance flood. The height in relation to mean sea level expected to be reached by the waters of the BASE FLOOD at pertinent points in the floodplains of coastal and riverine areas.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING. See STRUCTURE.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.
EROSION. The process of the gradual wearing away of land masses. This peril is not per se covered under the Program.
EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXISTING STRUCTURES. See EXISTING CONSTRUCTION.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD or FLOODING.
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters from any source; or
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined division (1)(b) above and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in FLOODING as defined in division (1)(a) above.
FLOOD ELEVATION DETERMINATION. A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY OR FLOOD ELEVATION STUDY. An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. (See FLOODING.)
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.
FLOODWAY. See REGULATORY FLOODWAY.
FLOODWAY ENCROACHMENT LINES. The lines marking the limits of floodways on federal, state, and local floodplain maps.
FREEBOARD. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic reservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 C.F.R. § 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MAP. The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency.
MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
SPECIAL FLOOD HAZARD AREA. See AREA OF SPECIAL FLOOD HAZARD.
SPECIAL HAZARD AREA. An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.
START OF CONSTRUCTION. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act, being 16 U.S.C. §§ 3501 et seq. (P. L. 97-348).) This includes substantial improvement and means the date the building permit was issued, provided the ACTUAL START OF CONSTRUCTION, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The ACTUAL START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the ACTUAL START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE.
(1) For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. STRUCTURE, for insurance purposes, means:
(a) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
(b) A manufactured home (a “manufactured home,” also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or
(c) A travel trailer without wheels built on a chassis and affixed to a permanent foundation, that is regulated under the community’s floodplain management and building ordinances or laws.
(2) For the latter purpose, STRUCTURE does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in division (1)(c) above or a gas or liquid storage tank.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
VARIANCE. A grant of relief by a community from the terms of a floodplain management regulation.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 C.F.R. § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in VIOLATION until such time as that documentation is provided.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 23, passed 8-19-2010)
§ 150.06 APPLICABILITY.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of (community).
(Ord. 23, passed 8-19-2010)
§ 150.07 BASIS FOR ESTABLISHING SPECIAL HAZARD AREAS.
Areas of special flood hazard have not been identified by the Federal Emergency Management Agency for the city. The Flood Prone Area Map, dated July, 2010, and adopted by the city is based on topography and historical knowledge of the areas prone to flooding.
(Ord. 23, passed 8-19-2010)
§ 150.08 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A development permit shall be required to ensure conformance with the provisions of this chapter.
(Ord. 23, passed 8-19-2010)
§ 150.09 COMPLIANCE.
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
(Ord. 23, passed 8-19-2010)
§ 150.10 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 23, passed 8-19-2010)
§ 150.11 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 23, passed 8-19-2010)
§ 150.12 WARNING AND DISCLAIMER OR LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 23, passed 8-19-2010)
§ 150.13 SEVERABILITY.
If any section, division, or portion of this chapter is adjudged unconstitutional or invalid by a court, the remainder of the chapter shall not be affected.
(Ord. 23, passed 8-19-2010)
ADMINISTRATION
§ 150.25 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The Emergency Management Commissioner is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 C.F.R. (National Flood Insurance Program Regulations) pertaining to floodplain management.
(Ord. 23, passed 8-19-2010)
§ 150.26 DUTIES AND RESPONSIBILITIES.
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(A) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter;
(B) Review the permit application to determine whether proposed construction or other development, including the placement of manufactured homes, will be reasonably safe from flooding;
(C) Review, approve, or deny all applications for development permits required by adoption of this chapter;
(D) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required; and
(E) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
(Ord. 23, passed 8-19-2010)
§ 150.27 PERMIT PROCEDURES.
(A) (1) Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard.
(2) Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures at least one foot above;
(b) Elevation in relation to mean sea level to which any non-residential structure shall be flood-proofed;
(c) A certificate from a registered professional engineer or architect that the non-residential flood-proofed structure shall meet the flood-proofing criteria of this chapter;
(d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
(e) Maintain a record of all such information.
(B) Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this chapter and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;
(7) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
(10) The relationship of the proposed use to the Comprehensive Plan for that area.
(Ord. 23, passed 8-19-2010)
§ 150.28 VARIANCE PROCEDURES.
(A) The Appeal Board as established by the community shall hear and render judgment on requests for variances from the requirements of this chapter.
(B) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(C) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.
(D) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
(E) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in division (C) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(F) Upon consideration of the factors noted above and the intent of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.
(G) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(H) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(I) Prerequisites for granting variances are as follows.
(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
(a) Showing a good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(J) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(1) The criteria outlined in divisions (A) through (J) above are met; and
(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Ord. 23, passed 8-19-2010)
FLOOD HAZARD REDUCTION
§ 150.40 GENERAL STANDARDS.
In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements.
(A) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
(D) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters.
(G) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. 23, passed 8-19-2010)
§ 150.41 STANDARDS FOR SUBDIVISION PROPOSALS.
(A) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with this chapter.
(B) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of this chapter.
(C) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(D) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.
(Ord. 23, passed 8-19-2010)
§ 150.42 PENALTIES FOR NONCOMPLIANCE.
In accordance with 44 C.F.R. Ch. 1, § 59.2(b) of the National Flood Insurance Program (NFIP) regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of 44 C.F.R. Ch. 1, § 60. “These regulations must include effective enforcement provisions.” In accordance with 44 C.F.R. Ch. 1, § 60.1(b) of the NFIP regulations, “these regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e., mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes.”
(Ord. 23, passed 8-19-2010)
§ 150.43 CERTIFICATION.
(A) It is hereby found and declared by the community of the city that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this chapter become effective immediately.
(B) Therefore, an emergency is hereby declared to exist, and this chapter, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after the date of passage of the ordinance codified herein and its approval.
(Ord. 23, passed 8-19-2010)
§ 150.99 PENALTY.
(A) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a Class II misdemeanor.
(B) Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 23, passed 8-19-2010)
APPENDIX A: FLOOD INSURANCE RATE MAPS
CHAPTER 151: SUBDIVISIONS
Section
General Provisions
151.001 Purpose
151.002 Jurisdiction
151.003 Severability and separability
151.004 Definitions
151.005 Experimental subdivisions
151.006 Variances
Requirements for the Subdivision of Land
151.020 General requirements
151.021 General design requirements
Plat Application and Review Procedure
151.035 General procedure
151.036 Layout plan
151.037 Preliminary and final plat
151.038 Minor plat
Plat Preparation Requirements
151.050 Layout plans
151.051 Preliminary plats
151.052 Supplemental information
151.053 Final plats
151.054 Minor plats
Improvements
151.065 Design and installation of improvements
151.066 Required improvements
151.067 Joint improvements
151.068 Improvements proposed by the subdivider
Vacation of Plats, Easements, and Public Rights-of-Way and Section Line Highways
151.080 Vacation of plats
151.081 Vacation of easements
151.082 Vacation of public rights-of-way and section line highways
151.999 Penalty
GENERAL PROVISIONS
§ 151.001 PURPOSE.
This chapter regulates the subdivision of land within the jurisdiction of the city for the purpose of promoting the health, safety, and general welfare of the community. The Board of Commissioners has deemed these regulations and controls to be reasonable and reasonably related to the needs of the residents of the city and the surrounding area.
(Ord. #115, passed 2-16-2017)
§ 151.002 JURISDICTION.
This chapter shall govern all territory within the statutory jurisdiction of the city, including all land located within the incorporated limits of the city and all land designated by the Board of Commissioners to be within the extraterritorial platting jurisdiction of the city.
(Ord. #115, passed 2-16-2017)
§ 151.003 SEVERABILITY AND SEPARABILITY.
Should any subchapter, section, or division of this chapter be found to be or declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the chapter as a whole or any part thereof, other than the portion so declared to be invalid or unconstitutional.
(Ord. #115, passed 2-16-2017)
§ 151.004 DEFINITIONS.
For the purposes of this chapter, and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereafter. Words used in the present tense shall include the future tense; words in the singular number include the plural; words in the plural number include the singular; the word “person” includes a firm, partnership, or corporation as well as an individual; the term “shall” is always mandatory and not discretionary; and the word “may” is permissive. The terms “used” or “occupied” as applied to any land or building shall be construed to include the terms “intended, arranged, or designed to be used or occupied.”
ALLEY. A service roadway providing only a secondary means of access to abutting property and not intended for general traffic circulation.
BOARD OF COMMISSIONERS. The Board of Commissioners of the City of Summerset.
BOUNDARY LINE ADJUSTMENT. A division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site and may be accomplished in nonconforming situations when the degree of nonconformity is not increased. BOUNDARY LINES ADJUSTMENTS will be submitted as per minor plat application so long as they meet the requirements of § 151.038.
BUILDING PERMIT. Written permission issued by a Building Official for the construction, repair, alteration, or addition to a building.
CITY. The City of Summerset, South Dakota.
CLEARING. Removing vegetative cover.
COMMUNITY WATER SYSTEM. A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 24 year-round residents.
DEDICATED PUBLIC RIGHT-OF-WAY. A parcel of land that is conveyed to the public by the notation “dedicated public right-of-way” on a recorded plat for use as a public right-of-way.
DENR. The State Department of Environment and Natural Resources.
DEVELOPER’S AGREEMENT. A contractual agreement between the subdivider and the city which binds the subdivider to the requirements of this chapter.
EASEMENT. A grant of one or more property rights by the property owner to and/or for use by the public or another person. An EASEMENT is self-perpetuating and runs with the land unless otherwise stipulated.
FEMA. The Federal Emergency Management Agency.
GHOST PLATTING. A method of master planning for future urban densities in large-lot subdivisions located within the city’s platting jurisdiction. Platting for future urban lot densities is achieved by the preparation of a layout plat to provide for future lots, streets, and other improvements.
GRADING. Excavating, filling, or stockpiling soil.
GRADING PERMIT. Written permission issued by a Building Official for the excavation, grading, or fill of earth or other material. The grading permit is intended to regulate development of agricultural, residential, commercial, and industrial properties; grading of land within or adjacent to FEMA-designated flood hazard areas; and construction of subdivision roads or improvements.
IMPROVEMENT. Changes and additions to land necessary to support the development or use of real property, such as, but not limited to, boulevards, bridges, culverts, curbs and gutters, electrical transmission and service lines, natural gas lines, potable water mains and service lines, sanitary or storm sewers, sidewalks, street grading and surfacing, street lights, survey monuments, telephone lines, and other similar items.
LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
LOT, DOUBLE-FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. A DOUBLE FRONTAGE LOT shall be deemed to have two front yards and two side yards.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. A lot or parcel of land whose deed has been recorded in the office of the Register of Deeds of the county prior to the effective date of the ordinance codified herein.
NON-COMMUNITY WATER SYSTEM. A public water system that is not a community water system and regularly serves a transient population of 25 or more people each day.
OFF-SITE IMPROVEMENT. An improvement required to be made off site as a result of an application for development and including, but not limited to, road widening and upgrading, stormwater facilities, and traffic improvements.
PERCENTAGE OF GRADE. The vertical rise or fall of a slope in feet and tenths of a foot for each 100 feet of horizontal distance. The centerline of a street shall be used to determine the grade of the street.
PLAN, LAYOUT. A plan of a proposed subdivision to be used to determine the physical layout, street, and utility systems, and suitability to the city of the proposed subdivision. This plan shall include all items set forth in §§ 151.051 through 151.052.
PLANNING COMMISSION. The Planning and Zoning Board of the city.
PLANNING OFFICIAL. The authority charged with the administration and enforcement of this chapter, as designated by the Board of Commissioners.
PLANNING DEPARTMENT. The Planning Official and/or her or his staff, designees, agents, or assigns.
PLAT. A map drawn to scale from an accurate survey for the purpose of recording a subdivision of land.
PLAT, FINAL. A plat of a proposed subdivision prepared by a registered land surveyor that is in a form that is ready to be recorded by the Register of Deeds and includes all items, certifications, and statements as set forth in § 151.053.
PLAT, MINOR. A plat of a proposed subdivision prepared by a registered land surveyor used to: consolidate up to three previously platted lots; resubdivide a previously platted lot into three of fewer lots; or accomplish a boundary line adjustment. This plat shall include all items as set forth in § 151.054.
PLAT, PRELIMINARY. A plat of a proposed subdivision prepared by a registered land surveyor to be used to establish the terms and conditions for development of a proposed subdivision. This plat shall include all items set forth in § 151.037.
PUBLIC RIGHT-OF-WAY. A strip of land defined by right-of-way lines on a plat that is intended to be occupied by a street, recreation trail, utility line, or other similar use and to be used by the public.
PUBLIC RIGHT-OF-WAY EASEMENT. A portion of a parcel of land that is defined by a notation on a plat as a permanent easement for use as a public right-of-way.
PUBLIC UTILITY EASEMENT. A right granted by an owner of property to a public utility or governmental agency to erect and maintain poles, wires, pipes, or conduits on, across, or under the land, for telephone, electric power, gas, water, sewer, or other utility services.
RECORDED ACCESS EASEMENT. A permanent easement or dedication providing legal access to an isolated tract of land.
REGISTERED LAND SURVEYOR. A surveyor registered and in good standing with the state.
RESERVE STRIP. An easement granted to the public for a strip of land to be held in trust until needed for road development or other beneficial public use. The easement may be converted to a public right-of-way easement by resolution of the Board of Commissioners.
RIGHT-OF-WAY LINES. The lines that form the boundaries of a right-of-way.
ROAD DISTRICT. An association of land owners formed under the provisions of SDCL Ch. 31-12A to develop a community or subdivision ROAD DISTRICT with the intent and purpose of maintaining the system of roads within the district such that they have the capacity to handle all of the internal traffic and provide adequate ingress and egress to the members of the entire district. The association shall develop rules and by-laws to govern the operation of the association including the election of officers, collection of fees, and the authorization to develop, repair, and maintain all roads within said system.
SANITARY SEWER. A municipal, community, small, or individual sewage disposal system of a type approved by DENR.
SIDEWALK. A paved area paralleling and usually separated from the traveled way that is used as a pedestrian walkway.
STEEP SLOPE. Land areas where the slope of the ground exceeds 20%.
STREET. A public thoroughfare that affords the principal means of access to abutting property. This term may be used interchangeably with AVENUE, BOULEVARD, DRIVE, HIGHWAY, ROAD, or ROADWAY.
STREET, ARTERIAL. A street of considerable continuity connecting various sections of the city or regions adjacent to or beyond the city, which is designed for high vehicular speed and large volumes of traffic, and may have the secondary function of providing access to abutting property.
STREET, COLLECTOR. A street of sufficient continuity to gather and convey traffic from local streets to arterial streets and having the secondary function of providing access to abutting property.
STREET, CUL-DE-SAC. A minor street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
STREET, LOCAL. A street having the primary function of providing access to abutting properties and the secondary function of moving traffic.
STREET LINE. The boundary line where the street right-of-way line and the property line of the abutting property coincide.
STREETSCAPE. A design term referring to all of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street furniture, street paving, landscaping (including trees and other plantings), awning and marquees, sidewalks, signs, and lighting.
STRUCTURE. A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Fences, walls used as fences, poles, lines, cables, mains, or other transmission or distribution facilities of public utilities are not considered to be STRUCTURES under this definition.
SUBDIVIDER. The person(s) having an interest in land and in the process of creating a subdivision of said land.
SUBDIVIDER’S ENGINEER. The professional engineer registered and in good standing with the state who is the agent of the subdivider proposing to design and construct any new subdivision.
SUBDIVISION. The division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development. This term includes resubdivision.
SUPPLEMENTAL MATERIALS. The plans, reports, narratives, designs, requirements, agreements, covenants, and other materials necessary for the development of a subdivision. These include, but are not limited to, those items listed in § 151.037.
SURETY. A fidelity or cash bond, provided by the subdivider to the city in lieu of immediate construction of required improvements, in an amount equal to the estimated cost of the improvements, as certified by the subdivider’s engineer, plus 15%. The Planning Commission or the Board of Commissioners may request a review of the cost estimate by the City Engineer.
TANGENT. A straight line, departing from a curve, which is perpendicular to the radius of that curve.
USGS DATUM. A United States Geological Survey Geodetic Survey Datum.
USPLSS. The United States Public Land Survey System.
VARIANCE. A specific exception, granted by the Board of Commissioners, to the terms of this chapter where such deviation will not be contrary to the public interest and will be granted due to circumstances peculiar to a property.
VERTICAL CURVE. The vertical surface curvature of a street centerline located between lines of different percentages of grade.
ZONING ORDINANCE. The ordinance adopted by the city to implement the Comprehensive Plan by regulating the location and use of buildings and uses of land.
(Ord. #115, passed 2-16-2017)
Statutory reference:
Related provisions, see SDCL § 11-3-12
§ 151.005 EXPERIMENTAL SUBDIVISIONS.
(A) The Board of Commissioners may waive or modify the standards and requirements of these regulations if, in their judgment, an unusual or experimental subdivision might prove of considerable merit toward:
(1) The use of unusual materials in constructing required improvements; and
(2) A new or untried design concept in the city area which appears promising.
(B) The Board of Commissioners shall require the subdivider to provide a written proposal with the layout plan that states the nature of the experiment and justifies the reasons why the requirements of this chapter cannot be applied.
(C) In granting waivers, modifications, and approvals for experimental subdivisions, the Board of Commissioners may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so waived, modified, or approved. These conditions may include, without being limited to personal, surety, performance, or maintenance bonds and affidavits, covenants, or other legal instruments.
(D) In addition, if the lands covered lie within a flood hazard area as designated by the Federal Emergency Management Agency, they must comply with the requirements of Chapter 150.
(Ord. #115, passed 2-16-2017)
§ 151.006 VARIANCES.
Where the Board of Commissioners finds that extraordinary hardships due to unusual topographical or other conditions beyond the control of the subdivider may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that the variance will not have the effect of nullifying the intent or purpose of this chapter, Chapter 155, major street plan, or other elements of the Comprehensive Plan.
(Ord. #115, passed 2-16-2017)
REQUIREMENTS FOR THE SUBDIVISION OF LAND
§ 151.020 GENERAL REQUIREMENTS.
(A) Violation. It shall be a violation of this chapter for any person having an interest in any land within the jurisdiction of the city to subdivide or resubdivide such land into lots other than in accordance with the provisions of this chapter.
(B) Subdivision plats subject to review. Any subdivision of land within the platting jurisdiction of the city containing two or more lots, no matter how described, shall be platted or replatted, and said plat must be submitted to the Planning Commission for its consideration and recommendation to the Board of Commissioners for approval or rejection.
(C) Platting required prior to sale/transfer. Any parcel of land of less than 40 acres which is located within the extraterritorial platting jurisdiction of the city must be platted prior to the sale or transfer of the land. The Register of Deeds may not record any document of any sale or transfer of unplatted property that does not comply with this chapter.
(D) Minimum lot sizes. The subdivider shall conform to lot densities established by Chapter 155 or, if the subdivision is outside of the city’s municipal limits, not be less than the minimum lot sizes established by SDAR 74:53:01, which establishes regulations for individual and small on-site wastewater systems.
(E) Annexation. The subdivider shall be required to submit a petition for voluntary annexation of his or her subdivision into the city with the final or minor plat application if any portion of the subdivision is adjacent to the city’s municipal boundary. For the purposes of this chapter, the term “adjacent” ignores any right-of-way or dedication that lies between the municipal boundary and the subdivision boundary.
(F) Adjacent access and street extension. Land adjacent to a proposed subdivision shall not have its access left land-locked by a proposed subdivision. Sufficient proposed streets shall be extended as far as the boundary line of the parcel being subdivided, and provided with a temporary cul-de-sac in order to ensure normal circulation of traffic within the vicinity.
(G) Street maintenance. Maintenance of public streets that have not been accepted for maintenance purposes by the city shall be the responsibility of the subdivider until said maintenance is accepted by the Board of Commissioners, in the case of streets outside of the municipal limits of the city, the Board of Commissioners approves a street maintenance plan that provides for said maintenance.
(H) Lot monuments, numbering, and naming. All property corners, including the beginning (point of curvature) and ending (point of tangency) of curves along property lines, shall be accurately marked on the ground with a five-eighths inch to one-and-one-quarter-inch diameter iron rod at least 18 inches in length. Each bar is to be capped with an aluminum or plastic cap indicating the license number of the surveyor who placed the bar in the ground. The monumentation of all corners required by SDCL § 11-3-2 shall be fixed in the ground at the locations shown on the approved preliminary plat before the final plat application is submitted to the Planning Official for review. Lots shall be numbered or named in accordance with SDCL § 11-3-3.
(I) Ghost platting. Ghost platting shall be required for all subdivisions within the platting jurisdiction of the city that create one or more lots of one or more acres that may be resubdivided in the future. Those subdivisions utilizing the minor plat procedure that have not previously been subject to ghost platting may be exempted from this requirement by the Board of Commissioners. The ghost plat shall be included as part of the developer’s agreement for the proposed subdivision and shall not be subject to expiration.
(J) Additional administrative rules. The Board of Commissioners may formulate additional written administrative rules that govern the procedure for processing subdivisions. These procedures may outline the responsibility of parties concerned with subdivisions and subdivision processing, and may contain other information necessary to systematize handling and processing.
(K) Fees. Application fees shall be set by resolution by the Board of Commissioners. At no time shall a plat or other subdivision regulations application be brought before the Board of Commissioners without the proper fees being collected.
(Ord. #115, passed 2-16-2017)
Statutory reference:
Related provisions, see SDCL § 11-6-31
§ 151.021 GENERAL DESIGN REQUIREMENTS.
The design requirements set forth below shall be considered as minimum standards and may be exceeded by the subdivider.
(A) Preservation of existing features. Existing features that would enhance the development of the area as a whole, such as trees, historic sites, or striking physical features, shall be preserved in the design of the subdivision.
(B) Grading permit required. No trees shall be removed from any subdivision nor any change of grade of land be made until an approved grading permit has been issued by a Building Official. Engineering reports may be required from the developer before issuance of the grading permit.
(C) Lot access. Each lot within the subdivision shall be provided with access to a street.
(D) Easements. Easements for utilities and minor drainage ways shall be provided on every lot within the subdivision.
(E) Development of areas subject to flooding. Low areas within the subdivision subject to periodic flooding shall not be developed except for such uses that are compatible with such an area. FEMA Floodway Maps and Flood Insurance Rate Maps may provide a guide to determining areas with flooding potential.
(F) Avoidance of improvements prohibited. Land shall not be subdivided in a manner which omits part of the original tract to avoid otherwise necessary improvements, such as (but not limited to) stormwater management facilities or streets.
(G) Street or subdivision names. Street or subdivision names shall not duplicate by spelling or sound or otherwise be confused with the names of existing streets or subdivisions. Such names are subject to approval of the Planning Official after consultation with the appropriate Emergency Services Communication (911) Official and Register of Deeds.
(H) Block lengths. Block lengths shall not exceed 800 feet and shall normally be wide enough to allow two tiers of lots of appropriate depth.
(I) Commercial and industrial lots. Lots in commercial and industrial zoning districts shall be designed to have sufficient depth and width to provide off-street loading, unloading, and parking for the proposed use.
(J) Lot configuration and buffering. Double-frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial streets, to overcome specific disadvantages of topography, or to provide mitigation from the effects of adjoining commercial or industrial zoning districts. The Board of Commissioners may require that a planting screen or an earth berm be constructed by the subdivider along the line of lots abutting an arterial street, topographic feature, or adjoining commercial or industrial zoning district.
(K) Side lot lines. Side lot lines shall be designed at right angles to streets except on curves, where they shall be radial.
(L) Exterior street connections. Subdivisions shall be provided with street connections to at least two exterior public streets unless otherwise first approved by the Board of Commissioners.
(M) Improvement of abutting streets. If the land to be subdivided abuts an existing street that is surfaced but not paved, the subdivider shall improve the street in compliance with the city’s specifications.
(N) Mail delivery. Installation of gang mailboxes and a vehicle turnout will be required if so requested by the Postmaster.
(O) Alleys. Alleys shall be required in commercial and industrial zoning districts unless other provisions are first approved by the Board of Commissioners for service access for loading, unloading, and parking.
(Ord. #115, passed 2-16-2017)
PLAT APPLICATION AND REVIEW PROCEDURE
§ 151.035 GENERAL PROCEDURE.
(A) The procedure for submittal and review of a subdivision plat shall consist of the following steps in sequence:
(1) Layout plan (optional);
(2) Preliminary plat;
(3) Installation of required improvements; and
(4) Final plat; or, alternatively, a minor plat when the subdivision plat meets the purpose of § 151.038.
(B) The subdivider is encouraged to meet with the Planning Official at any time during the platting process to discuss the conformity of the proposed subdivision with the city’s goals and objectives, the application and review procedures, and/or specific platting requirements.
(Ord. #115, passed 2-16-2017)
§ 151.036 LAYOUT PLAN.
(A) General. Prior to submitting an application to the Planning Department for a preliminary plat, or a minor plat, the subdivider may optionally submit a layout plan to obtain written feedback from the Planning Department regarding:
(1) The appropriateness of the intended land use of the proposed development;
(2) The suitability of the location of the proposed subdivision;
(3) The most advantageous subdivision plan;
(4) The arrangement of proposed streets and lots;
(5) The availability of service from city sanitary sewer; and
(6) Compliance with the ordinances and regulations of the city.
(B) Application.
(1) The subdivider may submit a layout plan application to the Planning Department at any time. The layout plan application consists of an original and two paper copies of each of the following:
(a) A layout plan application form;
(b) A one-page written layout plan description of the proposed subdivision and the subdivider’s intent for the subdivision (including resubdivision);
(c) A scaled layout plan of the proposed subdivision (prepared on eight and one-half by 11-inch paper);
(d) An electronic copy of the layout plan in a file format approved by the Planning Official; and
(e) Any supplemental materials.
(2) The application form must be signed by the subdivider, the landowner(s) (if different than the subdivider), and (if applicable) the subdivider’s agent. The Planning Official shall provide a copy of the layout plan application to each Planning Commission member and relevant departments for review.
(C) Application review. Upon receipt of the application, the Planning Commission members and relevant departments shall independently review the layout plan application and provide feedback as per division (A) above. The intent of the review is not to approve or deny the layout plan application, but rather to provide the subdivider with sufficient guidance to enable the subdivider to prepare a preliminary plat or minor plat and necessary supplemental materials. The Planning Department may require the subdivider to provide additional information if such information is needed to fully review the layout plan and may continue the review of the application until the additional information is provided by the subdivider. The Planning Department shall provide written comments to the subdivider based on the feedback received from the Planning Commission members and relevant departments within 30 days of the receipt of the application, unless the subdivider agrees to an extension of this time limit.
(Ord. #115, passed 2-16-2017)
§ 151.037 PRELIMINARY AND FINAL PLAT.
(A) Preliminary plat application.
(1) The subdivider shall submit preliminary plat application and a plat submission checklist to the Planning Department more than three weeks (inclusive) before a regular meeting of the Planning Commission. The preliminary plat application consists of an original and two paper copies of each of the following:
(a) A preliminary plat application form;
(b) A preliminary plat of the proposed subdivision prepared on 15 by 26-inch paper by a registered land surveyor;
(c) A reduced copy of the preliminary plat on eight and one-half by 11-inch paper;
(d) An electronic copy of the preliminary plat in a file format approved by the Planning Official;
(e) All necessary plans prepared by a professional engineer in accordance with the requirements of § 151.052;
(f) A copy of any covenants for the proposed subdivision; and
(g) Any supplemental materials.
(2) The application form must be signed by the subdivider, the landowner(s) (if different that the subdivider), and (if applicable) the subdivider’s agent. The non-refundable preliminary plat application fee is due and payable at the time of submission of the application. Upon receipt of the application, the Planning Department will inform the subdivider of the date, time, and location of the Planning Commission meeting at which the application will be reviewed. The Planning Department may also solicit comments on the application from other agencies or departments before the Planning Commission meeting and shall provide a copy of the application to each Planning Commission member before the Planning Commission meeting.
(B) Planning Commission review and recommendation. Upon receipt of the application, the Planning Commission shall review the preliminary plat application and ensure that the requirements of this chapter and the Comprehensive Plan have been met. The Planning Commission may require the subdivider to provide additional information if such is deemed necessary and may continue its review of the application until the additional information is provided by the subdivider. The Planning Commission shall forward a recommendation to approve, approve with conditions, or deny approval of the application to the Board of Commissioners within 30 days of the receipt of the application, unless the subdivider agrees to an extension of this time limit. The subdivider may request that the final plat application be reviewed immediately after completion of the review of the preliminary plat application by the Planning Commission.
(C) Board of Commissioners review and action. The Board of Commissioners, at its next regular meeting after the Planning Commission makes its recommendation, shall review the preliminary plat application and the Planning Commission’s recommendation and act upon said recommendation. Approval of a preliminary plat by the Board of Commissioners shall be effective for two years from the date of approval. An extension(s) beyond the two-year period for a period not to exceed one year may be granted by the Board of Commissioners.
(D) Installation of improvements. Following approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the construction of streets and installation of other approved improvements.
(E) Inspection of improvements or surety required prior to final plat application. The subdivider, upon inspection and approval of streets and other required improvements by the Planning Official, Public Works Official, and/or the City Engineer (or their designees), shall submit a final plat application to the Planning Department based upon the approved preliminary plat. The subdivider may request to provide surety sufficient to construct or install the improvements plus a 15% administration reserve in lieu of immediate construction.
(F) Final plat application.
(1) The subdivider shall submit a final plat application to the Planning Department more than two weeks (inclusive) before a regular meeting of the Planning Commission. The final plat application consists of an original and one paper copy of each of the following:
(a) A final plat application form;
(b) A final plat of the proposed subdivision prepared by a registered land surveyor on 15 by 26-inch Mylar. Two Mylar originals of the final plat may be required if the land being subdivided is located in two counties. The Mylar original(s), when submitted, shall include, in permanent black ink, the notarized signatures of the owner(s), and the signatures and seals (if applicable) of the surveyor, the County Treasurer(s) and Official(s) of Equalization or their designees, and the Highway Authority(s);
(c) A reduced copy of the final plat on eight and one-half by 11-inch paper;
(d) An electronic copy of the final plat in a file format approved by the Planning Official;
(e) Surety for required improvements and/or a developer’s agreement, if applicable; and
(f) Any supplemental materials.
(2) The application form must be signed by the subdivider, the landowner(s) (if different than the subdivider), and (if applicable) the subdivider’s agent. The non-refundable final plat application fee is due and payable at the time of submission of the application. Upon receipt of the application, the Planning Department will inform the subdivider of the date, time, and location of the Planning Commission meeting at which the application will be received and reviewed. The Planning Department shall provide a copy of the application to each Planning Commission member before the Planning Commission meeting.
(G) Planning Commission review and recommendation. Upon receipt of the application, the Planning Commission shall review the final plat application and ensure the final plat conforms to the approved preliminary plat and that the conditions of approval of the preliminary plat have been met. The Planning Commission shall forward a recommendation to approve, approve with conditions, or deny approval of the final plat to the Board of Commissioners within 30 days of the receipt of the application, unless the subdivider agrees to an extension of this time limit.
(H) Board of Commissioners review and action and recording of final plat. The Board of Commissioners, at its next regular meeting after the Planning Commission makes its recommendation, shall review the final plat application and the Planning Commission’s recommendation and act upon said recommendation. If the final plat is approved by the Board of Commissioners, the Planning Department shall, within 15 days of said approval, submit the signed Mylar original(s) of the final plat to the office of the Register of Deeds to be recorded. No building or other applicable permits shall be issued within the newly-platted subdivision until the Register of Deeds has recorded the Mylar original(s) of the approved final.
(I) Dedication of public infrastructure and land. The Board of Commissioners, upon approval of the final plat and upon receipt from the Public Works Official of a certificate of final completion, may accept the dedication of public infrastructure, rights-of-way, and parks from the subdivider.
(Ord. #115, passed 2-16-2017)
§ 151.038 MINOR PLAT.
(A) Purpose. The purpose of a minor plat is to allow, without being subject to the requirements of a preliminary plat review, consolidation of up to three previously platted lots the resubdivision of a previously platted lot into three or fewer lots or a boundary line adjustment.
(B) Time restriction on further platting. No lot created by a minor plat shall be included in another subdivision plat for a period of two years from the Register of Deeds’ filing date of the minor plat.
(C) No improvements required. Minor plats shall not be allowed if extensions of, or improvements to, community water, city sanitary sewer, drainage facilities, or public streets would be required if the minor plat is approved.
(D) Application.
(1) The subdivider shall submit a minor plat application to the Planning Department more than three weeks (inclusive) before a regular meeting of the Planning Commission. The minor plat application shall consist of an original and one copy of each of the following:
(a) Minor plat application form;
(b) A minor plat of the proposed subdivision prepared by a registered land surveyor on 15 by 26-inch Mylar;
(c) A reduced copy of the minor plat on eight and one-half by 11-inch paper;
(d) An electronic copy of the minor plat in a file format approved by the Planning Official; and
(e) Any supplemental materials.
(2) The application form must be signed by the subdivider, the landowner(s) (if different than the subdivider), and (if applicable) the subdivider’s agent. The non-refundable minor plat application fee is due and payable at the time of submission of the application. Upon receipt of the application, the Planning Department will inform the subdivider of the date, time, and location of the Board of Commissioners meeting at which the application will be received and reviewed. The Planning Department shall provide a copy of the application to each Planning Commission member before the Planning Commission meeting. The subdivider shall not submit a Mylar original of the minor plat to the Planning Department until after the Planning Commission has made its recommendation to the Board of Commissioners. The Mylar original shall have the signatures required in § 151.053(D) when it is submitted to the Board of Commissioners for review.
(E) Planning Commission review and recommendation. The Planning Commission shall review the minor plat application to ensure it conforms to the requirements of this chapter and make a recommendation to the Board of Commissioners within 30 days of receipt of a completed minor plat application, unless the subdivider agrees to an extension of this time limit.
(F) Board of Commissioners review and action and recording of the minor plat. The Board of Commissioners, at its next regular meeting after the Planning Commission makes its recommendation and after receipt by the Planning Department of the signed original Mylar(s), shall review the minor plat application and the Planning Commission’s recommendation and act upon said recommendation. If the minor plat is approved by the Board of Commissioners, the Planning Department shall, within 15 days of said approval, submit the signed Mylar original(s) of the minor plat to the office of the Register of Deeds to be recorded. No building or other applicable permits shall be issued within the newly platted subdivision until the Register of Deeds has recorded the Mylar original(s) of the approved minor plat.
(Ord. #115, passed 2-16-2017)
PLAT PREPARATION REQUIREMENTS
§ 151.050 LAYOUT PLANS.
(A) The following information is required on a layout plan:
(1) A title showing the proposed name of the subdivision and the current legal description and location of the land proposed for subdivision;
(2) A scaled drawing of the proposed subdivision showing the location of lots, streets, and public areas;
(3) A north arrow, scale, creation date, and legend;
(4) A vicinity sketch showing the proposed subdivision in relation to surrounding development (this sketch may be on a separate eight and one-half by 11-inch sheet); and
(5) The proposed names of subdivision streets and the widths of their rights-of-way.
(B) The subdivider is encouraged to provide additional information to support the layout plan application.
(Ord. #115, passed 2-16-2017)
§ 151.051 PRELIMINARY PLATS.
The following information is required on a preliminary plat.
(A) Plat title.
(1) The plat title shall be centered at the top of the page and consist of two parts: the primary title, which shall be the proposed name of the subdivision and shall be shown on the first line of the title; and the secondary title, which is located below the primary title and describes the subdivision, the description of the land being subdivided, and the location of the subdivision (including the section, township, range, and Black Hills Meridian).
(2) The following are two examples of plat titles.
EXAMPLE 1 SUBDIVISION
A plat of Lots 1-20 of Example 1 Subdivision, formerly Tract B of Out There Subdivision, located in the NE 1/4 SE 1/4 of Section 22, T2N, R9E, B.H.M., Meade County, SD.
EXAMPLE 2 SUBDIVISION
A plat of Lots 1-6 of Example 2 Subdivision of the City of Summerset, formerly Outlot F of the Old Addition to the City of Summerset, located in the NW 1/4 of Section 19, T2N, R9E, B.H.M., City of Summerset, Meade County, SD.
(B) Scaled map. A scaled map of the proposed subdivision showing the location, dimension, and area of the subdivision, lot, street, and dedication boundaries. Subdivisions, lots, and streets of adjoining subdivisions shall be shown on the map. Phase lines shall be shown if the subdivision is to be developed in phases.
(C) Map information. A north arrow, scale, creation date, preparer name and address, and legend.
(D) Easements. The location, width, and purpose of all easements and reserve strips.
(E) Public land dedication. The location and dimension of lands to be dedicated or reserved for streets, parks, open space, or other public use.
(F) Lot and block identification. The lot and (if needed) block number that clearly identifies each parcel of land.
(G) Floodplain note. A floodplain note addressing if any FEMA-defined flood hazard area is present within the subdivision.
(H) Major drainage easement note. A note (if there are any major drainage easements shown on the plat) stating: “Major drainage easements shall be kept free of all obstructions, including fences, and that the major drainage easement. Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99 of this code of ordinances and maintenance in order to facilitate drainage through these easements.”
(I) Utility and minor drainage easement note. A note stating: “An eight-foot utility and minor drainage easement is hereby granted on the interior of all lot lines. Removal or modification of any obstruction or impediment to such an easement shall be the financial responsibility of the landowner.”
(J) Certifications. All certifications and signature lines that are required on the final plat. (See § 151.053(D).)
(Ord. #115, passed 2-16-2017)
Statutory reference:
Related provisions, see SDCL § 11-3-7
§ 151.052 SUPPLEMENTAL INFORMATION.
The following supplemental information shall be required unless the Board of Commissioners approves a variance request submitted by the subdivider to waive specific requirements. The submissions identified below are to include the number of paper copies indicated (inclusive of one original) plus one electronic copy (submitted by disk, email, or other electronic media approved by the Planning Official).
(A) Soil erosion and sediment control plan: two paper copies. Each copy shall contain the following:
(1) A scaled topographic survey map of the proposed subdivision site showing proposed lot lines and two-foot contour intervals;
(2) A soil erosion control plan showing locations and areas of anticipated soil disturbance and the proposed erosion control structures and practices that will be used to control the anticipated erosion;
(3) A sediment control plan detailing the structures and practices that will be applied to control sediment generated by on-site erosion;
(4) A seeding and planting plan for any screening strips or other landscaped areas required by the Board of Commissioners;
(5) Evidence of acceptance of the subdivider’s application onto the State National Pollution Discharge Elimination System (NPDES) permit by DENR; and
(6) A soils engineering report and/or an engineering geology report may be requested by the Board of Commissioners when unstable soils or steep slopes are present within or adjacent to the subdivision.
(B) Water distribution plan: four paper copies.
(1) Two of the copies are meant to be used for review by the Planning Department, the Public Works Official, and the City Engineer. Two of the copies are to be submitted to DENR by the subdivider’s engineer for review and comment after review by city staff.
(2) Each copy shall contain the following:
(a) A scaled plan and profile drawing showing the location and size of the water distribution system including such features as pipes, valves, fittings, hydrants, high pressure pumping equipment, pressure reduction valves, and the locations and methods proposed for connection to the community water system; and
(b) A scaled drawing showing the location and size of the service tap for each lot.
(C) Sanitary sewer plan: four paper copies.
(1) Two of the copies are meant to be used for review by the Planning Department, the Public Works Official, and the City Engineer. Two of the copies are to be submitted to DENR by the subdivider’s engineer for review and comment after review by city staff.
(2) Each copy shall contain the following information:
(a) A scaled plan and profile drawing of the proposed subdivision’s sanitary sewer system showing the location and size of all existing and proposed sewer facilities in and adjacent to the subdivision; and
(b) The direction of flow of each sewer main; the location and type of each manhole and other sewerage system appurtenance, including lift stations, treatment plants, and connection locations to the city’s sanitary sewer system; and the service tap location and method for each lot.
(D) Stormwater management plan: two paper copies.
(1) The plan shall provide stormwater management for the entire subdivision and each block within the subdivision.
(2) Each copy shall contain the following information:
(a) A scaled plan and profile drawing of the location of existing and proposed drainage ways, detention structures, streams, and water features in and adjacent to the subdivision with a notation of the direction of water flow through the subdivision;
(b) The location of easements and rights-of-way for drainage ways and maintenance access thereof;
(c) The location, size, and invert elevations of proposed drainage structures, such as culverts, bridges, pipes, drop inlets, and headwalls;
(d) A report on both pre- and post-development runoff within and through the subdivision;
(e) The area of land contributing runoff to each drainage structure;
(f) A report on the capacity of downstream drainage structures and channels and the effects of the proposed subdivision’s development on downstream capacities; and
(g) All stormwater management structures and conveyances shall be designed to accommodate a 100-year, 24-hour design storm.
(E) Utility distribution plan: two paper copies.
(1) This shall include gas, electric, cable, and telephone utilities.
(2) Each copy shall contain the following information:
(a) A scaled plan and profile drawing showing the location of gas mains, street lights, electric lines, telephone lines, cable television lines, and facilities as necessary to serve each lot within the subdivision and, where necessary, adjacent property; and
(b) A scaled map showing required easements, including anchor easements for guy wires.
(F) Street plan: two paper copies.
(1) This shall be used for review by the Planning Department, the Public Works Official, and the City Engineer. Additional copies may be required for review by the County Highway Superintendent(s) or the South Dakota Department of Transportation (SDDOT) Rapid City Region Engineer.
(2) Each copy shall contain the following information:
(a) A plan and profile drawing of the location and names of all streets in and adjacent to the proposed subdivision, the widths and areas of existing and proposed rights-of-way, the locations, dimensions, and areas of all parks and dedications, and the location of all required sidewalks, curbs and gutters, drop inlets, gang mailboxes, street name and traffic control signage, bike or walking paths, crosswalks, and curb cuts;
(b) A notation of any major street that is identified in the major street plan; and
(c) The topography of the subdivision at two-foot contour intervals, unless a smaller contour interval is requested by the City Engineer, showing the location of streets and rights-of-way.
(3) The Board of Commissioners may require that a traffic impact study be prepared for a large subdivision.
(G) Street maintenance plan: two paper copies.
(1) This shall be submitted for all plats within the extraterritorial platting jurisdiction of the city to provide evidence that a legal entity will provide the mechanism for street maintenance and snow removal on all proposed subdivision streets.
(2) Each copy shall include one or more of the following documents:
(a) An agreement with the county indicating that the proposed street will be accepted by the county for road maintenance and snow removal;
(b) Evidence that a Road District has been established in accordance with SDCL Ch. 31-12A;
(c) An agreement to be approved by the Board of Commissioners which guarantees sufficient financial commitment to provide these services; and
(d) A written request to be approved by the Board of Commissioners for a waiver based upon one or more of the following:
1. The proposed subdivision includes four or fewer lots and resubdivision is unlikely under existing zoning or covenants;
2. Unusual topographic restraints which would prevent acceptance of the street for public maintenance; or
3. Other unique circumstances proposed to the Board of Commissioners.
(Ord. #115, passed 2-16-2017)
§ 151.053 FINAL PLATS.
The following information is required on final plats.
(A) Size and material. The original final plat shall be drawn in waterproof black ink upon a 15- by 26-inch Mylar sheet.
(B) Final plat title. The title of the final plat shall be the same as that approved for the preliminary plat, except for modifications approved by the Board of Commissioners for phased development of the proposed subdivision.
(C) Congruency with preliminary plat. The final plat shall include the information shown on the approved preliminary plat (as described in § 151.051) except for modifications approved by the Board of Commissioners for phased development of the proposed subdivision.
(D) Certifications and resolution. The following certifications and resolutions shall appear on the final plat followed by lines for the appropriate signature(s) and date.
(1) Landowner. The landowner, or his or her duly authorized agent, shall certify that the plat has been made at the request and under the direction of the landowner for the purposes indicated therein, that he or she is the owner of all land included therein, and that development of this land shall conform to all existing applicable zoning, subdivision, and erosion and sediment control regulations. This certification shall be acknowledged before some officer authorized to take the acknowledgment of deeds, and this acknowledgment shall be endorsed on the plat.
(2) Registered land surveyor. The registered land surveyor who actually performed the survey or had the survey performed under his or her direct supervision shall certify that the plat is in all respects correct and shall attach thereto his or her official seal as specified in SDCL § 36-18A-45.
(3) City Finance Officer. The City Finance Officer shall certify that all special assessments that are liens upon any land included within such plat, as shown by the records of her or his office, have been fully paid.
(4) County Treasurer. The County Treasurer shall certify that all taxes that are liens upon any land included within such plat, as shown by the records of her or his office, have been fully paid.
(5) County Official of Equalization. The County Official of Equalization shall certify that he or she has received a copy of such plat.
(6) Street or Highway Authority.
(a) The appropriate Street or Highway Authority shall certify that the location of the proposed access to an abutting subdivision street(s) from the existing public street or highway is hereby approved and any change in the location of said access street(s) shall require additional approval.
(b) The signature lines for this certification may be required multiple times on the plat to accommodate the signatures of the City Street Authority, the County Highway Authorities, the Rapid City Region Engineer for the State Department of Transportation, and/or the President of the applicable Road District.
(7) Planning Commission. A Planning Commission member shall certify that the city’s Planning and Zoning Board has reviewed such final plat on (date) and has provided a recommendation to the Board of Commissioners.
(8) Board of Commissioners resolution.
(a) Every plat shall bear of copy of the resolution approving the plat by the Board of Commissioners, which shall state:
WHEREAS there has been presented to the Board of Commissioners, the within plat of the above-described lands, and it appears to this Board of Commissioners that:
(A) The system of streets set forth therein conforms to the system of streets of the existing plats of the city;
(B) All provisions of the city’s subdivision regulations have been complied with;
(C) All taxes and special assessments upon the tract or subdivision have been fully paid; and
(D) Such plat and the survey thereof have been executed according to law.
NOW THEREFORE, BE IT RESOLVED that said plat is hereby approved in all respects.
(b) This resolution shall be signed and dated by the Mayor and certified by the Finance Officer.
(9) Register of Deeds. Every plat shall bear a certificate of the County Register of Deeds indicating the date and time of recording. This certification shall also indicate the location of filing by plat book and page number.
(Ord. #115, passed 2-16-2017)
Statutory reference:
Related provisions, see SDCL §§ 11-3-4, 11-3-6, 11-3-9, 11-3-10, and 11-6-26
§ 151.054 MINOR PLATS.
The content of a minor plat shall be the same as that of a final plat.
(Ord. #115, passed 2-16-2017)
IMPROVEMENTS
§ 151.065 DESIGN AND INSTALLATION OF IMPROVEMENTS.
All required improvements shall be:
(A) Designed and constructed in accordance with the city’s Infrastructure Design Criteria Manual and all other applicable city specifications;
(B) Installed per plans prepared by and under the construction administration of the subdivider’s engineer. Said plans shall be approved by the Public Works Official and/or the City Engineer before the commencement of construction;
(C) Installed subject to inspection and approval by the Public Works Official, Planning Official, and/or City Engineer;
(D) Subject to the requirement that any changes to the approved plans shall be submitted as change orders by the subdivider’s engineer to the Planning Official and approved by the Public Works Official and/or the City Engineer before the commencement of construction;
(E) Certified by the subdivider’s engineer who shall provide one set of stamped, as-built plans to the Planning Official within 30 days after the final inspection and approval of the improvements by the Public Works Official and/or City Engineer. Failure to submit said as-built plans in a timely manner shall result in the denial of building permits and municipal utility connections within the subdivision until the drawings are accepted by the Planning Official; and
(F) Subject to a warranty against defective workmanship or materials by the subdivider for a period of two years after the final inspection and approval of the improvements by the Public Works Official and/or City Engineer. The subdivider shall make all needed repairs to such improvements at the direction, inspection, and approval of the Public Works Official and/or City Engineer. The Public Works Official and/or city is hereby authorized to make such repairs at the subdivider’s expense if, within ten days after the first class mailing of a notice in writing to the subdivider, the subdivider neglects to make, or undertake with due diligence to make, the directed repairs. However, in the case of an emergency where, in the judgment of the Public Works Official and/or City Engineer, delay would cause serious loss or damage, repairs may be made immediately after the mailing of said notice and the subdivider shall pay the cost of such repairs.
(Ord. #115, passed 2-16-2017)
§ 151.066 REQUIRED IMPROVEMENTS.
The subdivider is required to install or construct the following improvements, or provide by appropriate surety for their construction or installation, prior to the review of the final plat application by the Board of Commissioners.
(A) (1) All soil erosion and sediment control materials and facilities as described in the approved soil erosion and sediment control plan.
(2) The subdivider is required to maintain these materials and facilities in a workmanlike manner until all grading, filling, and trenching has been completed and sufficient vegetation re-established to prevent further soil erosion or until released from this requirement by the Public Works Official.
(B) All water system mains, lines, and appurtenances described in the approved water distribution plan. The subdivider is required to maintain this system until the community water system accepts the public portions of this system.
(C) All sanitary sewer system mains and appurtenances described in the approved sanitary sewer plan. The subdivider is required to maintain this system until the Board of Commissioners accepts the public portions of this system.
(D) All stormwater management facilities and conveyances described in the approved stormwater management plan. The subdivider is required to maintain these facilities and conveyances until the Board of Commissioners accepts these facilities and conveyances.
(E) All street lights and utility lines and mains described in the approved utility distribution plan. The city shall assume responsibility for the street lights upon approval of the installation by the Public Works Official.
(F) All streets and streetscape features described in the approved street plan. The subdivider is required to maintain the streets and features until the Board of Commissioners accepts these streets and features or approves a street maintenance plan for said streets.
(Ord. #115, passed 2-16-2017)
§ 151.067 JOINT IMPROVEMENTS.
(A) The city may participate in the cost of oversize improvements within or serving a subdivision if the Board of Commissioners deems that the oversize improvements are necessary to serve areas of land not in the subdivision.
(B) The city may participate in the cost of improvements within or serving a subdivision if the Board of Commissioners deems that a collector street within the subdivision is required to become an arterial street.
(C) (1) City participation in the cost of joint improvements within or serving a subdivision is subject to the availability of city funds.
(2) The city may negotiate with the subdivider to repay such improvement costs through reimbursement from special assessments on new development in the area served by the joint improvements.
(Ord. #115, passed 2-16-2017)
§ 151.068 IMPROVEMENTS PROPOSED BY THE SUBDIVIDER.
(A) Any proposed improvements outside the boundaries of the proposed subdivision that the subdivider requests the city to make shall be noted on the preliminary plat.
(B) These improvements may relate to stormwater management, extension of water or sanitary sewer mains, streets, or other improvements.
(Ord. #115, passed 2-16-2017)
VACATION OF PLATS, EASEMENTS, AND PUBLIC RIGHTS-OF-WAY AND SECTION LINE HIGHWAYS
§ 151.080 VACATION OF PLATS.
Any request for a vacation of plat shall follow the state statute requirements per SDCL §§ 11-3-20.1 through 11-3-20.4, inclusive.
(Ord. #115, passed 2-16-2017)
§ 151.081 VACATION OF EASEMENTS.
(A) Description. A vacation of easement is a process used to eliminate all or a portion of an easement for drainage, access, non-access, planting screens, or other purpose previously designated on a plat. The vacation requires the approval of the Board of Commissioners including a vacation instrument showing the easement to be vacated.
(B) Application.
(1) The applicant shall meet with the Planning Official to discuss the proposed vacation of easement and determine the type of vacation application(s) that are required to be submitted. Generally, vacation of easement applications can be classified into three categories.
(a) Vacation of utility easement. The applicant shall send out a letter describing the vacation of easement request and a vacation instrument to all applicable utility companies in order to determine the impact of the proposed vacation on utilities. The utility companies shall be instructed within the letter sent by the applicant to respond directly to the Planning Official.
(b) Vacation of drainage easement. The applicant shall submit a drainage report prepared by a licensed, professional engineer. The report shall determine the impact of the proposed vacation on the existing and future drainage. A site plan may be required.
(c) Vacation of access, non-access, planting screen or other easement. An application for vacation of an access, non-access, planting screen, or other easement shall be signed by all affected property owners requesting the easement vacation.
(2) The authorization of the owner(s) of the property underlying the easement to be vacated is required for all vacation of easement applications.
(C) Process. The applicant shall submit the required application, applicable fees, vacation of easement instrument and other specified information to the Planning Official. The vacation instrument shall be prepared by a licensed professional land surveyor and marked “Exhibit A.” The vacation instrument shall include the book and page number of the original document dedicating the easement. Upon receipt of a complete application, the Planning Official shall provide all information to the Planning Commission for review. The Planning Commission shall review the application and forward a recommendation to approve or deny the vacation of easement request to the Board of Commissioners within 30 days of receipt of the application. The Board of Commissioners, at its next regular meeting after the Planning Commission makes its recommendation, shall review the vacation of easement application and the Planning Commission’s recommendation and act upon said recommendation. Following approval, the vacation of easement instrument shall be recorded at the applicable county’s Register of Deeds.
(D) Approval criteria. The Planning Commission shall recommend and the Board of Commissioners shall approve the vacation of easement provided the request complies with the following approval criteria:
(1) The utility companies consent to the vacation of the easement, if applicable;
(2) The City Engineer determines that the drainage is not adversely affected, if applicable;
(3) The vacation of easement does not alter a recorded easement without the prior approval of the easement holder; and
(4) The vacation of easement does not result in any adverse impacts to the public as determined by the Board of Commissioners.
(Ord. #115, passed 2-16-2017)
§ 151.082 VACATION OF PUBLIC RIGHTS-OF-WAY AND SECTION LINE HIGHWAYS.
(A) Description. A vacation of public right-of-way or vacation of section line highway is used to eliminate public rights-of-way that are no longer needed for public improvements or access. The vacation requires the approval of a resolution by the Board of Commissioners including a vacation instrument showing the area to be vacated. For vacation of section line highways, this section only applies to section line highways located within the incorporated city limits.
(B) Application. The owner or the designated agent shall submit an application which includes the legal description of the property for which the vacation is requested and which is signed by the property owner, along with a vacation instrument marked “Exhibit A” prepared by a licensed professional land surveyor. The vacation instrument shall include the book and page number of the original plat dedicating the public right-of-way, if applicable. A petition for right-of-way vacation or vacation of section line highway must be signed by property owners whose property adjoins that part of the street, alley, or public ground to be vacated and the property owners’ signatures must be notarized. The applicant shall send out utility letters and the vacation instrument to all utility companies in order to determine the impact of the proposed vacation on utilities. The utility companies are notified within the letter that they are to reply directly to the Planning Official.
(C) Process. Upon receipt of a complete application, vacation instrument, applicable fees, and responses from the utility companies, the Planning Official shall prepare a resolution and provide all information to the Planning Commission for review. The Planning Commission shall review the resolution and forward a recommendation to approve or deny the vacation of public right-of-way or section line request to the Board of Commissioners within 30 days of receipt of the application. The resolution is then set for hearing at the following Board of Commissioners meeting with formal action being taken at the next regularly scheduled meeting (approximately 30 days after Planning Commission). The vacation of public right-of-way or section line petition is a public hearing requiring publication of legal notice once each week for at least two successive weeks with the Board of Commissioners taking formal action on the petition not less than ten days from expiration of such publication. Following approval by the Board of Commissioners, the resolution and vacation instrument shall be recorded at the appropriate county’s office of Register of Deeds.
(D) Approval criteria. The Planning Commission shall recommend and the Board of Commissioners shall approve the vacation of public right-of-way or section line provided the exhibit and supporting documents comply with the following approval criteria.
(1) The vacation serves the interest of the city by removing maintenance or liability risks.
(2) The property interest being vacated is no longer necessary for city operations.
(3) The land to be vacated is no longer necessary for the public use and convenience.
(4) The vacation will not create any landlocked properties.
(5) The vacation will not render access to any parcel unreasonable.
(6) The vacation will not reduce the quality of public services to any parcel of land.
(E) Ownership and zoning of vacated land. As of the effective date of the vacation, the land underlying the vacated right-of-way or section line shall be divided equally and attached to the adjacent property, with ownership of the vacated land being assumed by the adjacent property owner, and the zoning of the land underlying the vacated right-of-way or section line shall be designated to conform to the zoning of the land to which the vacated land attaches without further action. When possible, the vacated land should be replatted by the landowner receiving the vacated land in order to create a larger usable piece of land.
(Ord. #115, passed 2-16-2017)
§ 151.999 PENALTY.
A violation of any provision of this chapter or any amendment thereto, or failure to perform any act required hereunder, is a Class II misdemeanor. In addition to any fine or penalty assessed by the court, any violator found guilty shall pay all court costs and expenses involved in the case. Any violation of this chapter is hereby declared to be a public nuisance per se.
(Ord. #115, passed 2-16-2017)
CHAPTER 152: BUILDING REGULATIONS
Section
152.01 Adoption of 2018 International Building Code by reference
152.02 Adoption of 2018 International Property Maintenance Code by reference
152.03 Adoption of 2018 International Residential Code by reference
§ 152.01 ADOPTION OF 2018 INTERNATIONAL BUILDING CODE BY REFERENCE.
There is adopted by the city that certain code, recommended by the International Code Council, known as the International Building Code, 2018 edition. The code is adopted for occupancies except single- and two-family dwellings. A copy of the same is on file in the office of the city.
(Ord. 2022-02, passed 3-17-2022)
§ 152.02 ADOPTION OF 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE BY REFERENCE.
There is adopted by the city for the purpose of prescribing regulations for the practical safeguarding of persons and property from hazards arising from housing, and for the removal of blighted structure in population areas, that certain code recommended by the International Code Council known as the International Property Maintenance Code, 2018 edition, specifically Chapters 1 through 8 thereof. A copy of the same is on file in the office of the city.
§ 152.03 ADOPTION OF 2018 INTERNATIONAL RESIDENTIAL CODE BY REFERENCE.
There is adopted by the city that certain code recommended by the International Code Council known as the International Residential Code for One- and Two-Family Dwellings, 2018 edition, specifically Chapters 1-11, Chapter 44, and Appendices E, H, J, and K thereof. The city also adopts Section P2904 Dwelling Unit Fire Sprinkler systems as amended within this code. The code is adopted for one- and two-family dwellings only. A copy of the same is on file in the city’s Finance Office.
CHAPTER 153: LICENSING AND CONSTRUCTION REGULATIONS
Section
General Provisions
153.001 Scope and purpose
153.002 Definitions
153.003 Stair railings and grates
153.004 Permit to place building material on street
153.005 Removal of decaying or burned building
153.006 Use of concrete and other debris as fill on publicly dedicated rights-of-way prohibited
153.007 Operation of vehicles with lugs, ice spurs, or similar
153.008 Operation of construction equipment or vehicle equipped with outriggers
153.009 Appeal process
Building Code and Construction Standards
153.025 Adoption of Building Code
153.026 Authority of Building Inspector to prepare manual of construction guidelines
153.027 Additions, alterations, and repairs
153.028 Maintenance
153.029 Historic preservation
153.030 Alternate materials and methods of construction
153.031 Modifications
153.032 Tests
Building Inspector and Building Permits
153.045 Establishment of the office of the Building Inspector
153.046 Authority of Building Inspector to enforce
153.047 Right of entry
153.048 Stop orders
153.049 Liability
153.050 Cooperation of officials and officers
153.051 Building permit required
153.052 Application for building permit
153.053 Fees
153.054 Building permit issued
153.055 Expiration of building permit
153.056 Building permit must be posted
153.057 Certificate of occupancy
153.058 Temporary structure permit required
153.059 Requirements for temporary structures
153.060 Exempt temporary structures
Construction Contractors
153.075 License required for construction
153.076 Application of chapter
153.077 Application for contractor’s license
153.078 Insurance and bond required for construction
153.079 Contractor’s license fee
153.080 Contractor’s license term and renewal
153.081 Required inspections
153.082 Notice and cost of inspections
Electrical Construction
153.095 License required for electrical construction
153.096 Application for electrical construction license
153.097 Electrical construction license term and renewal
153.098 Insurance and bond required for electrical construction
153.099 Electrical construction fees
153.100 Public liability not created
Plumbing Construction
153.115 License required for plumbing construction
153.116 Application for plumbing construction license
153.117 Plumbing construction license term and renewal
153.118 Insurance and bond required for plumbing construction
153.119 Plumbing construction license fees
Building and Structure Movers
153.130 License required for moving buildings or structures
153.131 Application for license
153.132 Bond and insurance required
153.133 Fee
153.134 Permit required before moving
153.135 New building or mobile home
Public Excavations
153.150 License required for excavators
153.151 Application for excavator’s construction license
153.152 Excavator’s license term and renewal
153.153 Insurance and bond required for excavation
153.154 Excavator’s license fee
153.155 Permit required before each excavation
153.156 Excavations near streets
153.157 Obstruction of sewer pipes, manholes, water mains, or appurtenances
153.158 Excavations must be refilled
153.159 Failure to comply
153.160 Non-applicable to utility companies
153.161 Barricades, guards, lights, and the like required
Revocation of Licenses
153.175 Authority to revoke license
153.176 Revocation process
Fences
153.190 Material requirements
153.191 Height, setback, and construction requirements
153.192 Permit required
153.193 Application for permit
153.194 Fee for permit
153.195 Unsafe or hazardous fences
Erosion Control
153.210 Purpose and application
153.211 Grading permit required
153.212 Application for grading permit
153.213 Exceptions to permit requirement
153.214 Fees
153.215 Grading permit issued
153.216 Expiration of grading permit
153.217 Best management practices applicable to all land disturbances
153.218 Erosion control plan (ECP) requirements
153.219 Final stabilization generally
153.220 Final stabilization for residential construction
153.221 Final stabilization for agricultural purposes
153.222 Additional requirements
153.223 Stop work order
153.999 Penalty
Editor’s Note:
This chapter replaces the previous Title 2 and 26 in their entirety, effective 8-18-07, Ordinance 2007-20
GENERAL PROVISIONS
§ 153.001 SCOPE AND PURPOSE.
The purpose of this chapter is to regulate the building of structures within the city and to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, location and maintenance of all buildings, streets, and sewer and water mains within the city. The purpose of this chapter also includes setting forth the licensing requirements for certain contractors and adopting certain uniform codes and regulations for guidance in the area of construction.
§ 153.002 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
SDAR. South Dakota Administrative Rules.
ASSISTANT BUILDING INSPECTOR. The Assistant Building Inspector shall be any person appointed to assist the Building Inspector with her or his duties as provided by this chapter.
BEST MANAGEMENT PRACTICES (BMPS). Control measures which reduce or prevent the discharge of pollutants (defined at SDAR 74:52:01:35) to waters of the state.
BUILDING CODE. The specific Building Code, whether it be uniform or international, adopted by the city.
BUILDING INSPECTOR. The Building Inspector shall be any person appointed to perform this duty as provided by this chapter.
CLEARING. Any activity that causes the removal of the vegetative surface cover.
CODES. The current adopted addition of codes and ordinances adopted by the state and the city.
CONSTRUCTION. The act of construction including, but not limited to, the rough framing, remodeling, shingling, siding, new construction, concrete, alteration, addition, repair, or erection of buildings or structures, all construction required to possess a permit within the city.
CONSTRUCTION STANDARDS. The city approves specifications for the installation of streets, water, and sewer and storm sewer improvements within the public right-of-way or established utility easements.
CONTRACTOR. Any contractor appropriately licensed as required by the city’s ordinances.
DRAINAGE WAY. Any channel that conveys surface runoff throughout the city.
ELECTRICIAN. Any person who is licensed by the state and the city to perform electrical work which includes but is not limited to running conduit, installing wiring, terminating wiring, and installing electrical fixtures or motors.
EROSION CONTROL PLAN (ECP). A plan prepared for a specific site which dictates the specific measures and controls and their application sequence for the control of sediment and erosion on the site.
FINAL STABILIZATION. The return of a construction site to a finished condition in which all final improvements and vegetation has been placed and are functioning as planned in accordance with the stormwater pollution prevention plan and erosion control plan submitted and approved for the site.
FLAME RETARDANT OR FLAME RESISTANT TARP. A tarp that has a physical marking or tag attached to it which shows that the tarp has been tested and declared FLAME RESISTANT AND/OR FLAME RETARDANT. Tarps not bearing this physical insignia shall not be acceptable.
GENERAL RESIDENTIAL CONTRACTOR. Any person who oversees and/or participates in the act of residential construction and/or excavation on property other than that owned and occupied by her or him as her or his primary residence and who is responsible for the final product.
GRADING PERMIT. A permit issued by the city for construction, excavation, grading, clearing, and any other land disturbing activity.
LAND DISTURBING ACTIVITY. Any activity that involves grading, clearing, or the moving of topsoil, rock, or any other natural surface from a property.
MUNICIPALITY. Wherever the word MUNICIPALITY is used in the Uniform Building Code, it shall be held to mean this city.
NORMAL BUSINESS HOURS. 8:00 a.m. to 5:00 p.m., Monday through Friday, except days that are nationally recognized as a holiday.
PERIMETER CONTROLS. Erosion control measures that protect neighboring properties from stormwater runoff and sedimentation.
PERMANENT STRUCTURE. A structure which is established for 365 days a year and in compliance with the Building Code for the occupancy which is utilizing the structure.
PERMANENT BARRIER. A wall or fence which has been constructed as a permanent attachment to property and is a minimum of five feet in height and has openings which are no longer that four inches in either direction.
PERMANENT BUSINESS. A place of business which is in physical operation and open to the public at one stationary location for a period of not less that 300 days a year and has a permanent state sales tax license for said location.
PLUMBER. Any person who is licensed by the state and city to perform plumbing work which includes but is not limited to gas piping, water and sewer piping, installation of plumbing fixtures, including water heaters, and reparation of piping or plumbing fixtures.
RESIDENTIAL SUBCONTRACTOR. Any person who is engaged in the act of residential construction and/or excavation under supervision of a general contractor on property other than that owned and occupied by him or her as his or her primary residence. If the SUBCONTRACTOR is not under supervision of a general contractor, the SUBCONTRACTOR becomes the general contractor.
SD DENR. South Dakota Department of Environment and Natural Resources.
STABILIZATION. The use of practice and methods that prevent exposed soils from eroding including but not limited to grass, trees, sod, mulch, or other materials which prevent erosion and assist the soil in the retention of moisture.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan prepared for and approved by the State DENR required to obtain a stormwater permit for construction which disturbs more than one acre of land or industrial activities having a Standard Industrial Code between 20 and 39.
TEMPORARY BUSINESS. A place of business which is in physical operation and open to the public at one or more location for a period not exceeding 30 days and has a merchant’s license.
TEMPORARY STORAGE BUILDINGS. Storage building not used for actual selling, but for storage of goods and merchandise for retail or wholesale in conjunction with a permanent retail or wholesale business.
TEMPORARY STRUCTURE. Any vending stand, reviewing stand, canopy tent, awning, fence, or other miscellaneous structure which is intended for use on a temporary basis.
WATERCOURSE. Any body of water including, but not limited to, lakes, ponds, streams, and other bodies of water delineated by the city.
WATERWAY. A channel that directs surface runoff water to a watercourse or to a public storm drain.
WATERS OF THE STATE. All waters within the jurisdiction of the state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state, but not waste treatment systems, including treatment ponds, lagoons, or treated water distribution systems designed to meet the requirements of the Clean Water Act, being 33 U.S.C. §§ 1251 et seq. other than cooling ponds as defined by 40 C.F.R. § 423.11(m) (July 1, 1991).
§ 153.003 STAIR RAILINGS AND GRATES.
The owner of any building in the city that has a stairway leading from an adjacent sidewalk to the cellar or basement of the building shall guard such stairway with a substantial railing not less than three feet high. The entrance to such stairway shall be at right angles to the street from which such entry is made. Any person who has any permanent opening in any sidewalk for the purpose of letting light into any basement or cellar or for any other purpose shall guard the same with a substantial cover.
§ 153.004 PERMIT TO PLACE BUILDING MATERIAL ON STREET.
No person shall deposit and keep lumber, stone, brick, or other materials for building in any public street, road, or alley without a permit. Any person desiring to do the above mentioned shall make written application to the Public Works Department. The Public Works Department shall have the power to issue a permit granting the permit holder the authority to keep lumber, stone, brick, or other materials for building in the requested public area for a period not to exceed six months. The issuing of a permit shall also be subject to such other conditions or limitations as the Public Works Department may deem necessary under the circumstances. Before issuing any permit, the Public Works Department shall take into consideration the free flow of vehicular and pedestrian traffic, the proper drainage of water, and the safety of persons and property.
§ 153.005 REMOVAL OF DECAYING OR BURNED BUILDING.
Whenever, in the opinion of the Building Inspector, any building within the city shall have been damaged by fire, building collapse, decay, or otherwise, to the extent of 50% of the value thereof, it shall be the duty of the Building Inspector to report the same in writing to the Board of Commissioners. The report shall be in writing and include a description of the building, its location, and the name of the owner, if known. The Finance Officer shall issue a notice to be served upon the owner if within the state, or in case of his or her absence from the state, upon his or her agent if there be one, requiring said owner to appear before the Board of Commissioners and show cause why said building should not be torn down or removed. The owner shall be given at least ten days’ notice of the Board of Commissioners meeting. In case the owner cannot be found within the state, and there is no agent present, then said notice shall be published in the official city newspaper once each week for four successive weekly issues of such newspaper. Upon completion of such publication and due proof thereof, placed on file with the Finance Officer, service of said notice shall be deemed valid and complete.
§ 153.006 USE OF CONCRETE AND OTHER DEBRIS AS FILL ON PUBLICLY DEDICATED RIGHTS-OF-WAY PROHIBITED.
No person shall use concrete, asphalt, wood, tree limbs, or other solid debris as fill in on publicly dedicated rights-of-way, streets, or alleys within the city.
§ 153.007 OPERATION OF VEHICLES WITH LUGS, ICE SPURS, OR SIMILAR.
(A) Every solid rubber tire on a vehicle moved on any highway, street, or alley within the city shall have a rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(B) No tire on any vehicle moved on any highway, street, or alley within the city shall have on its periphery any block, stud, ice spur, flange, cleat, spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire.
(C) It shall be permissible, however, to use tire chains of reasonable proportions upon any vehicle when necessary for safety because of snow, ice, or other conditions.
§ 153.008 OPERATION OF CONSTRUCTION EQUIPMENT OR VEHICLE EQUIPPED WITH OUTRIGGERS.
(A) All construction equipment or vehicles equipped with outriggers being used for construction purposes on the bituminous or concrete surface streets and alleys of the city shall have rubber padded or flat metal surface thereon.
(B) It shall be unlawful to use construction equipment or vehicles equipped with outriggers having metal studs, lugs, or an equivalent hard material upon the bituminous or concrete surfaced streets or alleys of the city.
Penalty, see § 153.999
§ 153.009 APPEAL PROCESS.
(A) Any person aggrieved by a decision made by the Building Inspector, City Engineer, or other department head under this chapter shall be entitled to have said decision reviewed by the Board of Commissioners.
(B) The process shall be as follows.
(1) Any person aggrieved by a decision of the Building Inspector, City Engineer, or other department head under this chapter may file a notice of appeal with the Finance Officer. There shall be a $100 fee assessed for filing an appeal, which shall be paid to the Finance Office at the time of filing the notice of appeal.
(2) Upon receipt of a notice of appeal, the Finance Officer shall notify the Board of Commissioners and a public meeting shall be held within 30 days after the date said appeal was filed. The Board of Commissioners shall provide notice to the person specifying the time, date, and location of the hearing.
(3) The Board of Commissioners may notify the aggrieved person of its decision following the hearing; however, the Board of Commissioners shall issue a written decision to the person within 20 days of the hearing. The Board of Commissioners may affirm or reverse the decision of the Building Inspector.
BUILDING CODE AND CONSTRUCTION STANDARDS
§ 153.025 ADOPTION OF BUILDING CODE.
The city hereby adopts, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use, and occupancy, location, and maintenance of buildings and structures, including permits and penalties, 2018 International Residential Building Code and the 2018 International Building Code, except such portions as are herein deleted, modified, or amended. One copy of each of the codes with all the amendments has been filed with the city’s Finance Office and the same are hereby adopted and incorporated fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the city.
(Ord. 2022-01, passed 3-17-2022)
§ 153.026 AUTHORITY OF BUILDING INSPECTOR TO PREPARE MANUAL OF CONSTRUCTION GUIDELINES.
(A) The Building Inspector shall be authorized to prepare and compile a manual containing guidelines for compliance with this chapter and the Building Codes adopted herein.
(B) One copy of said manual shall be available for review at the Building Inspection Office.
(C) Copies of the manual shall be available at the cost of the person requesting said copy.
§ 153.027 ADDITIONS, ALTERATIONS, AND REPAIRS.
Any additions, alterations, and/or repairs to an existing nonconforming building, street, and/or utilities may be made without requiring the existing building, street, or city utilities to meet the provisions of this chapter, provided that any addition, alteration, or repair conforms to the provisions in the manual for new construction and does not make the existing installation unsafe.
§ 153.028 MAINTENANCE.
Any building, street, and/or city utilities shall be maintained in a safe and sanitary condition. All devices or safeguards required by this chapter or any other state law or city ordinance shall be maintained in conformance with this chapter and/or the law or ordinance under which they where installed.
§ 153.029 HISTORIC PRESERVATION.
(A) Any repairs, alteration, and additions necessary for preservation or continued use may be made without conformance to the requirements of this chapter with authorization from the Board of Commissioners.
(B) Board of Commissioners authorization is conditional upon the following:
(1) Completion of all requirements of SDCL § 1-19A-11.1;
(2) The building or area having been designated by action of the legally constituted authority of the jurisdiction as having special historical or architectural significance;
(3) Any unsafe conditions are corrected; and
(4) The restored building or area will not be more hazardous, based on life, safety, fire safety, and sanitation regulations, than the existing construction.
§ 153.030 ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION.
The provisions of this chapter are not intended to prevent the use of other materials or methods of construction not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the Building Inspector. The city may require sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. All alternate materials or methods of construction must meet or exceed the requirements of this chapter or the applicable codes adopted by the city and the state.
§ 153.031 MODIFICATIONS.
When there are practical difficulties involved in carrying out the provisions of this chapter, the city may grant modifications for individual cases upon receipt of a written request and after a proper review has been completed by the Engineering and Inspections Office with review and recommendations from the Public Works Committee and any other committee or department of the city as directed by the Board of Commissioners.
§ 153.032 TESTS.
Whenever there is insufficient evidence of compliance with any provision of this chapter or any evidence that material or construction does not conform to the requirements of this chapter or to industry standards, the city may require tests as proof of compliance to be made at the expense of the property owner and at no expense to the city. All tests shall be made by an approved agency and all reports shall become property of the city.
BUILDING INSPECTOR AND BUILDING PERMITS
§ 153.045 ESTABLISHMENT OF THE OFFICE OF THE BUILDING INSPECTOR.
There shall be designated by the Board of Commissioners a Building Inspector who shall perform those duties and hold such authority as herein set forth. The Board of Commissioners may designate any number of assistant Building Inspectors that the Board of Commissioners may deem necessary to carry out the duties of the office of Building Inspection. The person designated as the City Engineer shall automatically be designated as an assistant Building Inspector.
§ 153.046 AUTHORITY OF BUILDING INSPECTOR TO ENFORCE.
(A) The Building Inspector shall enforce all provisions of this chapter. The Building Inspector may request that the Board of Commissioners appoint and deputize any number of technical officers, deputy inspectors, and other employees as is necessary to assist the Building Inspector with enforcement of this chapter.
(B) The Building Inspector shall enforce all laws relating to the construction, alteration, removal, and demolition of all buildings and structures within the city.
(C) The Building Inspector shall make an examination of any and all plans and specifications for structures to be built within the city or alterations to be made in or upon any existing structures which will materially change said structures, in order to determine if said plans, specifications, or alterations are in conformance with this chapter.
(D) The Building Inspector shall make an examination of all applications for building permits and shall determine after said examination whether or not a permit should be granted to such applicant.
(E) The Building Inspector shall have the authority to issue building permits after the completed application has been determined in accordance with this chapter and after all required fees have been received.
(F) The Building Inspector shall have the authority to deny issuance of any permit. Said denial may be based upon failure to comply with any applicable provision of this chapter, any city ordinance, state law, federal law, or provision of any applicable Building Code or manual or based upon the general safety and/or welfare of the public.
(G) The Building Inspector shall have the authority to order the removal of any existing building or structure which was unlawfully built or which in the opinion of the Building Inspector is dangerous and/or a safety hazard to the public.
(H) The Building Inspector shall have the authority to require specific testing and inspections in connection with the performance of construction work within the city and to set forth specific testing and inspection requirements within the Manual of Construction Guidelines prepared pursuant to this chapter.
(I) The Building Inspector shall report every month to the Board of Commissioners about the activity and matter of his or her office and shall report at such other times as the Mayor or Board of Commissioners may direct.
(J) The Building Inspector shall enforce all nuisance ordinances of the city.
§ 153.047 RIGHT OF ENTRY.
(A) The Building Inspector shall have the authority to enter upon property in the event it is necessary to make an inspection and/or to enforce the provisions of this chapter or when the Building Inspector or other official of the city has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter or code of ordinances which makes the building or premises unsafe, dangerous, or hazardous.
(B) (1) In exercising the aforementioned authority, the Building Inspector shall take all reasonable steps possible to do the following:
(a) Enter the building or premises at a reasonable hour;
(b) In the event the premises is occupied, present his or her credentials to the occupant and request entry; and
(c) In the event the premises is unoccupied, make reasonable effort to locate the owner or other person having charge or control of the building or premises, if known, and request entry.
(2) In the event that entry is refused, the Building Inspector shall proceed with any and all recourse and remedies provided by law to secure entry.
§ 153.048 STOP ORDERS.
(A) In the event any work is being done contrary to the provisions of this chapter, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the Building Inspector may order the work stopped by notice in writing served on any persons involved in performing the work.
(B) Upon receipt of the written notice, any persons shall immediately stop such work until the Building Inspector authorizes the work to continue.
§ 153.049 LIABILITY.
(A) The Building Inspector is charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other applicable law or ordinance and shall not thereby be rendered personally liable for damages that may occur to persons or property as result of an act or by reason of an act or omission in the discharge of such duties.
(B) This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building, premises, or contracting on city land for damages to persons or property caused by defects, nor shall the Building Inspector or the city be held as assuming any such liability by reason of the inspections authorized by this chapter or any permits or certificates issued under this manual.
§ 153.050 COOPERATION OF OFFICIALS AND OFFICERS.
The Building Inspector may request, and shall receive, the assistance and cooperation of other officials of the city so far as it is required for discharge of the duties required by this chapter or other applicable laws or ordinances.
§ 153.051 BUILDING PERMIT REQUIRED.
Before any person may erect or cause to be erected or constructed a building or structure within the city or causes any alterations to any existing building or structure within the city, which alteration costs more than $300, he or she must first obtain a building permit from the Building Inspector. An alteration of a building or structure shall for the purpose of this chapter mean any alteration, addition, or removal of any one, part of one, or more than one partition, wall, ceiling, windows, structural member of roof system, or floor.
§ 153.052 APPLICATION FOR BUILDING PERMIT.
(A) To obtain a building permit from the Building Inspector, the applicant must make application to the inspection office in duplicate on forms to be furnished by the city.
(B) He or she shall include with said application the following information:
(1) A sketch or drawing of the outside wall of the floor of said improvement to be built, drawn at scale of at least one quarter of an inch to one inch showing all measurements, the distance from property lines, distance from buildings or structures on the same parcel of land, and distance from back of curb or from edge of streets;
(2) The name of the owner of the real property to be improved;
(3) The name of the contractor, if any, doing the work;
(4) The legal description of the property being improved;
(5) The parcel number given to the property by the county;
(6) The general description of the improvement and what type of building improvement is to be made;
(7) Plans for the installation of plumbing, electrical wiring, and the like; and
(8) Such other information the Building Inspector may request so that he or she may determine if said improvement complies with the city’s ordinances and the state’s laws.
(9) All commercial building permit applications will require an engineer stamped building and site plan regardless of building square footage.
(Ord. passed 9-19-2019)
§ 153.053 FEES.
(A) Upon making application for a building permit, any applicant shall pay the appropriate permit fee to the city.
(B) If, for any reason beyond the applicant’s control, she, he, or it does not construct the proposed project for which the permit was issued, the amount of the permit less a $50 administrative fee shall be refunded to the applicant.
(C) The amount of an applicant’s permit fee shall be determined by reference to the following schedule. All such fees shall be paid to the Building Inspector who shall remit the fees to the Finance Officer to be deposited into the general fund of the city.
(D) Refer to the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
§ 153.054 BUILDING PERMIT ISSUED.
(A) The Building Inspector, upon receiving said application and fee, shall examine the same. If the application is completed, the proper fee is paid, and the improvement conforms to the ordinances and laws of this city, she or he shall issue a building permit to the applicant, which shall entitle the applicant to proceed with the improvement.
(B) If the Building Inspector, upon examination of the application, finds that the application is not complete, or other information is necessary before a decision can be rendered thereon, the Building Inspector may request the additional information from the applicant without the necessity of obtaining a new application or fee.
(C) If the Building Inspector finds that the improvement applied for does not conform to the city’s ordinances or the state’s laws, he or she shall reject the application by noting that fact upon the application and returning one copy of the application to the applicant. The other copy of the application shall be retained in the files of the Building Inspector.
§ 153.055 EXPIRATION OF BUILDING PERMIT.
(A) Any building permit issued prior to the effective date of this chapter shall expire within one year following the effective date of this chapter.
(B) Any building permit issued under this chapter for building of a residence shall expire one year (365 days) from the date of issue. Any building permit issued under this chapter for the purpose of constructing any commercial building shall expire two years (730 days) from the date of issuance. No building shall be done under authority of any expired building permit. If the improvement is not completed on the expiration date, a further application for a building permit to complete such structure may be made under the same procedure set forth herein for obtaining the original building permit.
§ 153.056 BUILDING PERMIT MUST BE POSTED.
A building permit which has been lawfully issued shall be posted in a conspicuous place upon the premises at all times from the beginning until the completion of such construction, alteration, or repair. No person shall do any building in the city without the building permit posted as required.
§ 153.057 CERTIFICATE OF OCCUPANCY.
Before an owner may cause a newly constructed building to be occupied, or has a change of occupancy as defined in the Building Code, he or she shall first obtain a certificate of occupancy from the Building Inspector. The Building Inspector shall issue an occupancy certificate upon completion of the building or prior to change of occupancy if the building is found to be in compliance with the city’s ordinances and state’s laws. No person shall permit a structure to be occupied without first obtaining an occupancy certificate as provided herein.
§ 153.058 TEMPORARY STRUCTURE PERMIT REQUIRED.
(A) Temporary structures, such as vending stands, reviewing stands, canopies, tents, awnings, fences, and miscellaneous structures may be erected in areas zoned highway service and general commercial, provided that a special temporary structure permit is obtained for each temporary structure. Said permit shall be issued by the Building Inspector or his or her designee for a period not to exceed 30 days per location. This 30-day time frame shall include set up and tear down time.
(B) For the purpose of this chapter, LOCATION shall be the site on which the temporary structure is first constructed or placed. A temporary structure may not be disassembled and reconstructed or moved to a different location on the same property or parcel of land, or an adjacent parcel of land, after an initial permit is issued for the structure.
(C) A temporary structure which is used for the purpose of a temporary office during a construction project or realty office in a new development shall be exempt from the following requirements. Also exempt from this section are temporary storage buildings used in conjunction with a permanent retail or wholesale business, provided that said structure meets the setback requirements for the zoning district in which it is placed. Also exempt are businesses which rent temporary storage buildings at one location to the general public.
§ 153.059 REQUIREMENTS FOR TEMPORARY STRUCTURES.
The following requirements shall apply to all temporary structures, except those specifically exempted above.
(A) The structural frame of all temporary structures shall be made of steel, aluminum, PVC, or wood. If constructed of wood, the smallest wood member shall not be less than two inches by four inches in width.
(1) Wood used for the interior and exterior skins of a temporary structure may be as follows: one-half inch of plywood, one-half inch chipboard, or particleboard.
(2) Wood, as defined above, may also be used for shelving temporary structure.
(3) Tarps which are utilized on temporary structures occupied by temporary merchants shall be flame retardant or flame resistant as defined in this chapter. All tarps not complying with this chapter shall be removed.
(B) All temporary structures shall be removed upon expiration of the time limit stated on the permit.
(C) If the structure is not removed by the expiration date stated on the permit, the city shall remove the structure without further notice to the owner and shall charge the cost of the removal to the owner. At the time the permit is issued, the Building Inspector or her or his designee shall provide the owner with a copy of the ordinance codified herein. The owner or occupant of the temporary structure shall sign the permit, which will serve as an acceptance of service and which will constitute sufficient notice that the structure is not to be placed for more than 30 days. The city may bring action in magistrate or circuit court for the recovery of costs incurred for the removal of said structure or structures.
(D) In the event that a structure erected pursuant to this section is not removed by the expiration date and the city is forced to make repeated contacts with the owner of the property upon which the structure is erected or the individual who applied for the permit, the Building Inspector shall not issue subsequent permits under this section to the owner of the property for the location unless the Building Inspector has reached an agreement with the owner of the property to assure the owner’s future compliance with any temporary structures erected at that location.
(E) Temporary structures or appendages thereof shall not be placed closer than five feet to any public alley. (Exception: When the property owner provides a permanent barrier which is a minimum height of five feet between the temporary structure and the public right-of-way, the temporary structure may be placed closer than five feet to the public right-of-way. No sales may be permitted through the permanent barrier.)
(F) The permit hereinbefore described may be suspended or revoked if at any time the structure or its occupants are in violation of the city’s ordinances or the state’s laws.
(G) Temporary structures may not be used for housing permanent or seasonal businesses.
§ 153.060 EXEMPT TEMPORARY STRUCTURES.
The following temporary structures shall be exempt from the requirements set forth in the § 153.059:
(A) A temporary structure being used for the purpose of a temporary office during a construction project;
(B) A temporary structure being used for the purpose of a realty office in a new development;
(C) Temporary storage buildings used in conjunction with a permanent retail or wholesale business, provided that said structures meet the setback requirements for the zoning district in which they are placed; and
(D) Temporary storage buildings owned by a business that rents them at one location to the general public.
CONSTRUCTION CONTRACTORS
§ 153.075 LICENSE REQUIRED FOR CONSTRUCTION.
No person shall perform construction work within the city on any property other than the person’s primary residence until he or she shall obtain a contractor’s license from the Building Inspector’s office.
§ 153.076 APPLICATION OF CHAPTER.
For purposes of this chapter, CONSTRUCTION WORK shall not include electrical work, plumbing work, or work completed by a person on a residential structure owned and occupied by said person as her or his primary residence.
§ 153.077 APPLICATION FOR CONTRACTOR’S LICENSE.
(A) To obtain a license from the Building Inspector, the applicant must make application to the inspection office in duplicate on forms to be furnished by the city. All requested information must be included and any incomplete application will not be processed and the license shall not be issued.
(B) Said application shall contain or be accompanied by the following information:
(1) The applicant’s name, address, and phone number;
(2) The name, address, and phone number of the company in whose name the application is being made, if different than set forth above;
(3) Proof of any state licenses held by the applicant;
(4) The applicant’s state excise tax number;
(5) Proof of required insurance;
(6) Payment of applicable fee; and
(7) Verification of any state-required bond.
§ 153.078 INSURANCE AND BOND REQUIRED FOR CONSTRUCTION.
(A) Any person desiring to be licensed as a contractor shall be required to produce a certificate of insurance stating that the applicant has manufactures contractors liability insurance, including products and completed operations and property damage insurance, in the amount not less than $1,000,000.
(B) In addition, before the issuance of the license, the applicant shall be required to comply with and prove such compliance with any bond requirements of the state.
(C) The insurance and bond requirements set forth in this section shall be maintained during the term of the license. Failure to maintain either the insurance or the requisite bond may result in suspension or revocation of any license issued.
§ 153.079 CONTRACTOR’S LICENSE FEE.
Upon making application for a contractor’s license, said applicant shall pay a fee of $125. Upon making application for renewal of a contractor’s license, said applicant shall pay a fee of $100.
§ 153.080 CONTRACTOR’S LICENSE TERM AND RENEWAL.
Any license issued shall be valid for the calendar year and shall expire at midnight on December 31. Any license may be renewed by the Building Inspector prior to its expiration upon proof of compliance with all applicable sections of this chapter. If a person renews his or her license prior to its expiration on December 31, said license shall be valid for the subsequent calendar year. Any person completing work under an expired license shall be considered to be unlicensed in violation of this chapter.
§ 153.081 REQUIRED INSPECTIONS.
(A) Due to the fact that inspections vary depending on whether the project is or includes a structure, street, sewer, water, and the like, contractors shall be required to contact the Engineering and Inspections Office to acquire a list of required inspections for each individual project.
(B) In the event any contractor fails to call for an inspection, the project may be stopped until an inspection can be made.
(C) The specific inspections required for each project shall be determined by the Engineering and Inspections Office. The Engineering and Inspections Office should include guidelines with the Manual of Construction Guidelines addressing the type of inspections needed for certain projects; however, the Engineering and Inspections Office shall maintain the discretion and authority to require any necessary testing and/or inspections depending on any individual project.
§ 153.082 NOTICE AND COST OF INSPECTIONS.
(A) A minimum of 24-hours’ notice shall be given prior to any required inspection.
(B) The cost for an inspection shall be as set forth in the schedule of inspection fees referred to in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(C) All inspection fees shall be collected by the Building Inspection Office and remitted to the city’s Finance Office.
ELECTRICAL CONSTRUCTION
§ 153.095 LICENSE REQUIRED FOR ELECTRICAL CONSTRUCTION.
(A) Before any person, including an apprentice electrician, Class B electrician, journeyman electrician, and/or electrical contractor may engage in the business of installing any electrical wiring or constructing or installing electrical apparatus or machinery in any structure or upon any premises other than the person’s primary residence, within the limits of the city, he or she must be licensed under the laws of the state and shall obtain a license from the Building Inspector as set forth in this subchapter.
(B) Licenses shall be issued in the name of the individual or the firm, and it shall be posted in a conspicuous place in the place of business of the licensee.
§ 153.096 APPLICATION FOR ELECTRICAL CONSTRUCTION LICENSE.
(A) To obtain a license from the Building Inspector, the applicant must make application to the inspection office in duplicate on forms to be furnished by the city. All requested information must be included and any incomplete application will not be processed and the license shall not be issued.
(B) Said application shall include or be accompanied by the following:
(1) Proof that applicant is licensed under the state’s laws;
(2) The applicant’s state excise tax number;
(3) Proof of any insurance or undertaking required by the state;
(4) The applicant’s name, address, and phone number;
(5) Payment of applicable fee; and
(6) The name, address, and phone number of the applicant’s contact person.
§ 153.097 ELECTRICAL CONSTRUCTION LICENSE TERM AND RENEWAL.
Any license issued shall be valid for the calendar year and shall expire at midnight on December 31. Any license may be renewed by the Building Inspector prior to its expiration upon proof of compliance with all applicable sections of this chapter. If a person renews his or her license prior to its expiration on December 31, said license shall be valid for the subsequent calendar year. Any person completing work under an expired license shall be considered to be unlicensed in violation of this chapter.
Penalty, see § 153.999
§ 153.098 INSURANCE AND BOND REQUIRED FOR ELECTRICAL CONSTRUCTION.
(A) Any person desiring to obtain an electrical construction license shall be required to produce a certificate of insurance stating that the applicant has liability insurance in an amount not less than required by applicable state law. In addition, before the issuance of any license, the applicant shall be required to comply with and prove such compliance with any bond requirements of the Building Code as adopted by the city.
(B) The insurance and bond requirements set forth in this section shall be maintained during the term of the license. Failure to maintain either the insurance or the requisite bond may result in suspension or revocation of any license issued.
§ 153.099 ELECTRICAL CONSTRUCTION FEES.
(A) Upon making application for an electrical construction license, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(B) Any electrical contractor that fails to renew his or her license prior to December 31 of each year will be charged a $25 reinstatement fee.
§ 153.100 PUBLIC LIABILITY NOT CREATED.
This subchapter shall not be construed to relieve from or reduce the responsibility or liability of any party owning, operating, controlling, installing, altering, or repairing any electrical system or equipment for damages or injuries to persons or property nor shall the city be held as assuming any liability by reason of any of the sections of this chapter.
PLUMBING CONSTRUCTION
§ 153.115 LICENSE REQUIRED FOR PLUMBING CONSTRUCTION.
No person shall perform plumbing construction work within the limits of the city on any property other than the person’s primary residence until he or she is licensed by the state to perform such work as described in the state’s plumbing laws, which may be obtained from the State Plumbing Commission, 216 East Capital Street, Pierre, South Dakota 57501 and obtains a plumbing construction license from the Building Inspector’s office.
§ 153.116 APPLICATION FOR PLUMBING CONSTRUCTION LICENSE.
(A) To obtain a license from the Building Inspector, the applicant must make application to the inspection office in duplicate on forms to be furnished by the city. All requested information must be included and any incomplete application will not be processed and the license shall not be issued.
(B) Said application shall include or be accompanied by the following:
(1) Proof that applicant is licensed under the state’s laws;
(2) The applicant’s state excise tax number;
(3) Proof of any insurance or undertaking required by the state;
(4) The applicant’s name, address, and phone number;
(5) Payment of applicable fee; and
(6) The name, address, and phone number of the applicant’s contact person.
§ 153.117 PLUMBING CONSTRUCTION LICENSE TERM AND RENEWAL.
(A) Any license issued shall be valid for the calendar year and shall expire at midnight on December 31. Any license may be renewed by the Building Inspector prior to its expiration upon proof of compliance with all applicable sections of this chapter.
(B) If a person renews his or her license prior to its expiration on December 31, said license shall be valid for the subsequent calendar year.
(C) Any person completing work under an expired license shall be considered to be unlicensed in violation of this chapter.
§ 153.118 INSURANCE AND BOND REQUIRED FOR PLUMBING CONSTRUCTION.
(A) Any person desiring to obtain a plumbing construction license shall be required to produce a certificate of insurance stating that the applicant has liability insurance, including products and completed operations and property damage insurance in an amount not less than that required by any applicable state statutes or administrative rules and regulations established by the State Plumbing Commission or in the event that no such applicable regulations and/or statutes exist in an amount not less than $50,000 for damages caused by injury to one person, not less than $100,000 for damages caused by injury to more than one person in one accident, and not less than $50,000 for property damage.
(B) In addition, before the insurance of the license, the applicant shall be required to comply with and prove such compliance with any bond requirements of the applicable Building Code adopted by the city.
(C) The insurance and bond requirements set forth in this section shall be maintained during the term of the license. Failure to maintain either the insurance or the requisite bond may result in suspension or revocation of any license issued.
§ 153.119 PLUMBING CONSTRUCTION LICENSE FEES.
(A) Upon making application for a plumbing construction license, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(B) Any plumbing contractor that fails to renew her or his license prior to December 31 of each year will be charged a $25 reinstatement fee.
BUILDING AND STRUCTURE MOVERS
§ 153.130 LICENSE REQUIRED FOR MOVING BUILDINGS OR STRUCTURES.
(A) No person except a licensed building and structure mover shall move a building or structure into or within the city, and every person shall annually, before engaging in such occupation, obtain a license therefor pursuant to the provisions of this subchapter.
(B) A BUILDING or STRUCTURE, for the purposes of this subchapter, shall be defined to be any structure for which a building permit is required to be obtained before placement within the city.
§ 153.131 APPLICATION FOR LICENSE.
(A) (1) Any person requesting to be licensed as a building and structure mover shall make written application therefor to the Building Inspector.
(2) Said application shall include or be accompanied by the following information:
(a) The name, address, and telephone number of the applicant;
(b) Payment of applicable fee;
(c) Verification of required insurance coverage; and
(d) Required bond.
(B) Any license issued under this subchapter shall be effective for a period of one year from the date of issuance.
§ 153.132 BOND AND INSURANCE REQUIRED.
(A) Any person requesting to be licensed as a building and structure mover shall provide the city with a bond to be approved by the city’s Finance Officer in the sum of $10,000. Said bond shall be conditioned that the applicant of a license if granted will, in carrying on the business of moving buildings and structures in said city, conform to all requirements relating thereto, which are now, or may be hereafter established by the city; that he or she will promptly repair and make good to the satisfaction of the city any and all damage to any pavement, sidewalk, crosswalk, hydrant, street, alley, or other property done or caused by himself or herself, or his or her servants or employees, in moving any building or structure or in connection with the moving thereof; and that he or she will immediately indemnify and save harmless the city against any and all liability for damages, costs, or expenses, arising, or which arise, in favor of any person by reason of any negligence on his or her part or on account of his or her servants or employees in connection with the moving of any building or structure or the use of any public street or ground for that purpose.
(B) Any bond submitted to the city in compliance with this section shall be held by the city for the one-year effective period of the license or, in the case of a revocation of any license by the city, until the date of revocation. In addition to the required bond, any person desiring to be licensed as a building and structure mover shall be required to have a liability insurance policy with coverage of at least $1,000,000.
§ 153.133 FEE.
Upon making application for or upon renewal of a license as a building and structure mover, any applicant shall pay a fee of $125.
§ 153.134 PERMIT REQUIRED BEFORE MOVING.
(A) (1) Before the owner of any building or structure shall be authorized to have a building or structure moved within the city by a licensed building and structure mover, he or she shall obtain a permit.
(2) Said owner shall make written application to the Building Inspector’s office and said application shall include or be accompanied by the following information:
(a) Name, address, and phone number of the owner;
(b) Name, address, and phone number of the licensed building and structure mover;
(c) A description of the route to be taken in so moving the building or structure;
(d) The date and time of the proposed move; and
(e) The length of time the move is expected to take.
(B) In determining whether or not to grant the permit, the Building Inspector shall take into consideration any applicable section of this chapter relating to planning and zoning and whether the building or structure proposed to be moved is in compliance with the standards set forth in this chapter or the Building Code.
(C) The Building Inspector shall also take into consideration the proposed route and whether or not said route is the most convenient route to be taken for the proposed move.
§ 153.135 NEW BUILDING OR MOBILE HOME.
(A) Any owner of a new building or structure for which a building permit has been issued by the Building Inspector shall be required to obtain a permit pursuant to this chapter before said new building or structure may be moved into the city.
(B) Any owner of a mobile home for which a building permit has been issued by the Building Inspector, shall be required to obtain a permit pursuant to this chapter before the mobile home may be moved into the city.
PUBLIC EXCAVATIONS
§ 153.150 LICENSE REQUIRED FOR EXCAVATORS.
No person shall perform any excavation upon publicly owned property within the limits of the city, until he or she is licensed by the city to perform such work through the Building Inspection Office.
§ 153.151 APPLICATION FOR EXCAVATOR’S CONSTRUCTION LICENSE.
(A) To obtain a license from the Building Inspector, the applicant must make application to the inspection office in duplicate on forms to be furnished by the city. All requested information must be included and any incomplete application will not be processed and the license shall not be issued.
(B) Said application shall include or be accompanied by the following:
(1) The applicant’s state excise tax number;
(2) Proof of required insurance and bond;
(3) The applicant’s name, address, and phone number;
(4) Payment of applicable fee; and
(5) The name, address, and phone number of the applicant’s contact person.
§ 153.152 EXCAVATOR’S LICENSE TERM AND RENEWAL.
Any license issued shall be valid for the calendar year and shall expire at midnight on December 31. Any license may be renewed by the Building Inspector prior to its expiration upon proof of compliance with all applicable sections of this chapter. If a person renews his or her license prior to its expiration on December 31, said license shall be valid for the subsequent calendar year. Any person completing work under an expired license shall be considered to be unlicensed in violation of this chapter.
Penalty, see § 153.999
§ 153.153 INSURANCE AND BOND REQUIRED FOR EXCAVATION.
(A) (1) Before any license may be issued to any applicant, there shall be posted by the applicant a good and sufficient bond to be approved by the City Finance Officer in the sum of $10,000.
(2) The bond shall be conditioned that such applicant shall fulfill all obligations set forth within this chapter.
(3) Only one bond is necessary for any number of authorized excavations as long as the bond is in full force and effect.
(B) The applicant shall also furnish a certificate of insurance showing that the applicant has in force manufacturer’s and contractors liability insurance, including products and completed operations, compaction and damage to property insurance; in amounts not less than $100,000 for damages caused by injury to one person, not less than $300,000 for damage caused by injury to more than one person in one accident.
§ 153.154 EXCAVATOR’S LICENSE FEES.
(A) Upon making application for an excavator’s construction license, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(B) Any excavator that fails to renew her or his license prior to December 31 of each year will be charged a $25 reinstatement fee.
§ 153.155 PERMIT REQUIRED BEFORE EACH EXCAVATION.
(A) (1) Before any licensed excavator may perform any excavation upon public property, said licensor shall make written application to the Building Inspector’s office for an excavation permit.
(2) Said application shall include or be accompanied by the following information:
(a) Name, address, and phone number of the applicant/licensed excavator;
(b) Name, address, and phone number of the owner of the property upon which the excavation is to be completed;
(c) The location of the desired excavation, including a list of the lots located in front of the desired location;
(d) The purpose for which the excavation is being made;
(e) The date and time of the proposed excavation; and
(f) The length of time the excavation is expected to take.
(B) In determining whether or not to grant the permit, the Building Inspector shall take into consideration any applicable section of this chapter and whether the proposed excavation is in compliance with the standards set forth in this chapter or the Building Code.
§ 153.156 EXCAVATIONS NEAR STREETS.
No person shall make or cause to be made any excavation of any lot or parcel of land without first assuring that the land is securely guarded so as to prevent the injury of any persons or animals passing upon or along the sidewalks, streets, alleys, public grounds, traveled path, or roadway.
Penalty, see § 153.999
§ 153.157 OBSTRUCTION OF SEWER PIPES, MANHOLES, WATER MAINS, OR APPURTENANCES.
No sewer pipes, manholes, water mains, or appurtenances thereto belonging to the city or any water company serving the city, constituting a part of the sewer system, shall be damaged in the process of making an excavation. If damage of any kind occurs during excavation, the person to whom the permit was issued shall compensate the city or the water company serving the city, for the damage, including but not limited to compensation for the cost of any necessary repairs.
§ 153.158 EXCAVATIONS MUST BE REFILLED.
(A) In refilling any excavation, the earth shall be thoroughly and completely compacted using machine compacting equipment. When the excavation is completely refilled, the surface of the excavation shall not be any higher or lower than the original surface when the excavations were commenced and settling will be at a minimum. The excavator shall be completely responsible for any settling of any ditches that occur. In the event of any settling, the excavator shall be required to refill the ditch and compact it in such manner that the surface when refilled shall not be any higher or lower than the original surface when the excavations were commenced. The excavator shall, as soon as possible and in no case longer than 30 days after the start of such excavation, completely restore the street, alley, sidewalk, or other public place to the same condition as it was prior to the making of such excavation.
(B) In the event that the surface is of concrete or asphalt, the excavator shall be required to replace the concrete or asphalt which is disturbed because of the excavation. In the event that the surface is a maintained lawn, the excavator shall be required to replace the lawn with sod approved by the city. The width of the patch shall be at least two feet wider than the width of the actual excavation, if the excavation is two feet or less. The width of the patch shall be at least four feet wider than the actual excavation, if the excavation is more than two feet wide. In the event that the surface is of concrete or asphalt, all openings in the concrete or asphalt shall be mechanically cut with a saw.
(C) If any settling of the ditch occurs within two years after the excavation is backfilled, the permit holder shall, at his or her expense, be required to remove the patch, if applicable, compact the ditch, and replace the surface. The excavator shall be responsible for maintaining the excavation from the time the excavation is backfilled until the surface is restored. This maintenance shall include periodic visual inspection of the excavation to ensure that the excavation is not settling or the fill is not being pushed out of the excavation due to, or from, traffic.
(D) All excavations shall, at all times, be at the same surface elevation as the original surface when the excavation was commenced and no excavation shall become a hazard for vehicular travel or pedestrian traffic. In the event that it comes to the attention of the city that any excavation is, or presents, a hazard to vehicular traffic or pedestrian traffic, the city shall call the telephone number noted on the permit application and advise the excavator of the problem. The excavator shall have a period of 24 hours from the time of the telephone call to repair the excavation so as to eliminate the hazard. Notice under this provision shall be deemed to have been given by the city at the time the first call is made to the telephone number of the excavator, regardless of whether personal contact is made with the excavator as a result of the telephone call. In the event that the excavator refuses or neglects to repair the hazard within the 24-hour period, the city shall have the right to have its crews repair the hazard and the excavator shall be responsible for all costs of labor, material, and machinery in making the required repairs. The excavator shall pay the cost of these required repairs within 30 days of the date he or she is billed for the services. In the event the excavator does not pay within 30 days, the city will not issue any additional permits pursuant to this title to the excavator until payment is received by the city in full. If payment is not received by the city within 60 days of the date of billing, then the person providing the bond to the excavator pursuant to this chapter shall be notified in writing and a claim made against the bond filed by the excavator pursuant to this chapter. Said noncompliance and failure to pay may also result in revocation of the excavator’s license issued pursuant to this chapter.
§ 153.159 FAILURE TO COMPLY.
(A) If at any time after the issuance of an excavation permit, the City Engineer or the Building Inspector shall find that the work for which the bond was given and posted does not pass a satisfactory test, or has not been timely or properly refilled, maintained, and restored to its original conditions, the City Engineer or Building Inspector shall notify the excavator in writing of the failure.
(B) If the deficiency does not constitute a hazard to vehicular traffic or pedestrian traffic, the excavator shall have a period of 20 days from the date of the written notification of the problem to correct or alleviate the problem. If the excavator does not correct or alleviate the problem within said 20-day time period, the city shall have the right to have to do the required repair and charge the excavator for the labor, material, and equipment time in making the repairs. The city shall send a statement to the excavator notifying him or her of the charges pursuant to this section and the excavator shall have a period of 30 days to pay the charges in full. In the event that payment is not made within 30 days, no further permits shall be issued pursuant to § 153.077 until charges pursuant to this section are paid in full.
(C) If the charges are not paid to the city within 60 days after the date of billing, the city shall have the right to obtain full restitution from the excavator or his or her bondsman.
§ 153.160 NON-APPLICABLE TO UTILITY COMPANIES.
No utility company which has been granted, by franchise or contract, the right to use the streets, alleys, or other public places shall be required to furnish bond for making any excavations in any public rights-of-way; provided that all sections of this chapter relating to excavations in public rights-of-way shall be binding upon such companies.
§ 153.161 BARRICADES, GUARDS, LIGHTS, AND THE LIKE REQUIRED.
(A) Any person receiving a permit to make an excavation under this chapter or any person making any excavation whatsoever on either public or private ground, shall, during the progress and continuance of the work, erect, keep, and maintain about and around the same by day and night, suitable guards and fences, lanterns, and signals as to prevent injury to any person, animal, or vehicle on account of such excavation.
(B) Any requirements set forth in this section shall be in accordance with the requirements set forth in the Manual on Uniform Traffic Control Devices.
REVOCATION OF LICENSES
§ 153.175 AUTHORITY TO REVOKE LICENSE.
The Building Inspector shall have the authority to revoke any license issued pursuant to this chapter based upon any one or a combination of the following:
(A) Incompetence in his or her ability to perform the work for which the person is licensed;
(B) Failure to comply with the applicable ordinances, including adopted Building Codes;
(C) Failure to comply with applicable state laws;
(D) Failure to pay applicable fees; and
(E) Failure to submit or renew bond and/or insurance requirements.
§ 153.176 REVOCATION PROCESS.
(A) Any decision of the Building Inspector to revoke a license issued under this chapter shall be provided in writing to the licensee.
(B) Said licensee may appeal the decision of the Building Inspector as set forth within this chapter.
FENCES
§ 153.190 MATERIAL REQUIREMENTS.
Fences may be constructed of natural material in its living state or the following factory- manufactured materials.
(A) Wood. Subject to the following conditions or limitations:
(1) Wood which has a natural resistance to decay or treated wood may be used;
(2) Wood in its natural state shall not be used;
(3) Plywood or other solid sheeting materials which are two feet or wider shall not be permitted;
(4) Spacing of support posts on wood fences shall be no more than eight feet on center. Such supports shall be embedded below grade not less than three feet unless the post is embedded in concrete. If concrete is used, the post may be embedded below grade no less than two feet and one cubic foot of concrete;
(5) (a) All wood in contact with the ground shall be treated; and
(b) Chemical retention shall meet the American Wood Preservers Association Standard C23-92 for round poles and C24-93 for sawn timber. In no case shall there be less than 0.6 pounds of chemical retention per cubic foot of material.
(B) Hedges. Subject to the following conditions or limitations.
(1) Hedges shall not be located in the first 25 feet of any required front yard on an interior lot.
(2) Hedges located on a corner lot shall not be located within 25 feet of the property corner abutting the right-of-way intersection.
(3) All hedges shall be maintained in a neat and orderly fashion and must be kept clean of all trash and other materials.
(4) When the City Forestry Board advises the Planning Commission of a dead hedge, the property owner shall be ordered to remove said hedge within 30 days of notice given to the owner.
(5) When the Police Chief finds a hedge is causing a public safety hazard (visibility), the hazard shall be removed.
(C) Metal. Subject to the following conditions or limitations.
(1) (a) Metal fences may be of any manufactured metal product except barbed wire.
(b) An exception to the above shall exist for security fences when approved by the City Planning Commission. Security fences may be constructed with barbed wire if the lowest strand of barbed wire is not less than eight feet from the existing grade.
(2) Spacing of support posts for metal fences shall be no more than eight feet on center.
(3) All supports shall be embedded in not less than one cubic feet of concrete and extend below grade a minimum of two feet.
(D) Concrete, masonry, or rock. Subject to the following conditions or limitations.
(1) Concrete, masonry, or rock fences may be constructed of cast in place concrete or any manufactured concrete product.
(2) Fences or walls constructed of concrete products shall be designed with reinforcement. Such design shall be in compliance with Building Code and approved by Engineering and Inspections Office.
(E) Poly vinyl chloride. Subject to the following conditions or limitations.
(1) Fences constructed of PVC must meet or exceed the following ASTM requirements:
(a) ASTM D256 Izond Impact (23°C: five feet lbs.) (0°C: two feet lbs.);
(b) ASTM D638 Tensile Strength;
(c) ASTM D648 Deflection Temp;
(d) ASTM D695 Compressive Yield (8,780 psi);
(e) ASTM D696 Thermal Expansion; and
(f) ASTM D732 Shear Strength (6,870 psi).
(2) Posts for PVC fencing shall not be spaced more than eight feet.
(3) Posts shall be installed not less than two feet below grade and imbedded in not less than one cubit foot of concrete.
(F) Other. Other materials may be approved by the Planning Commission and the engineering office when it has been determined that the alternate material meet or exceed the requirements of the above materials.
§ 153.191 HEIGHT, SETBACK, AND CONSTRUCTION REQUIREMENTS.
The following requirements shall apply to all fences located within the city.
(A) No fence, wall, or hedge shall be permitted over the height of six feet unless approved by the Planning Commission and Board of Commissioners.
(B) On any interior lot, a fence, wall, hedge, or lawn ornament which is above the height of three feet and six inches and is opaque in nature shall not be permitted within the first 25 feet of any required front yard.
(C) On any corner lot, a fence, wall, hedge, or lawn ornament which is above the height of two feet and six inches and is opaque in nature shall not be permitted within a site triangle which measures 25 feet back in both directions from the property corner abutting an intersection.
(D) All fences must be constructed to manufacturer’s recommendations or to industry standards and shall be capable of withstanding an 80 mph wind, as per the Building Code.
§ 153.192 PERMIT REQUIRED.
(A) Before any person may erect or cause to be erected or constructed a fence within the city, he or she must first obtain a building permit from the Building Inspector.
(B) Two exceptions to this requirement shall exist in cases where the fence being erected will be taken down within a period of six months or less or where the fence is being erected in conjunction with a construction project.
§ 153.193 APPLICATION FOR PERMIT.
(A) To obtain a building permit for a fence from the Building Inspector, the applicant must make application to the Inspection office in duplicate on forms to be furnished by the city.
(B) The permit application shall include the following information:
(1) The name of the owner of the property on which the fence is to be erected;
(2) The legal description and address of the property on which the fence is to be erected;
(3) The proposed height of the fence, wall, or hedge;
(4) The type of material to be used in constructing the fence; and
(5) The name and address of the person who will be erecting the fence.
§ 153.194 FEE FOR PERMIT.
Upon making application for a permit to build a fence, said applicants shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
§ 153.195 UNSAFE OR HAZARDOUS FENCES.
(A) If at any time, in the opinion of the city, a fence, wall, or hedge becomes unsafe to the public or person occupying the property, the city shall order the fence removed. The time given to remove an unsafe fence, wall, or hedge shall not exceed 30 days from the date of notice.
(B) A fence shall be considered to be an unsafe or hazardous under the following circumstances; however, the city may find a fence is unsafe or hazardous under other circumstances not specifically listed herein:
(1) Whenever any portion of the fence, its appurtenance, or its members has been damaged by fire, wind, flood, or other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe;
(2) Whenever any portion of the fence, its appurtenance, or its members is likely to fail, become detached or dislodged, or collapse and thereby injure persons or damage property;
(3) Whenever any portion of the fence, its appurtenance, or its members or ornamentation on the fence is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting wind pressure as is stated in the Building Code for new structures;
(4) Whenever any portion of the fence, its appurtenance, or its members has cracked, warped, buckled, or settled to such an extent that the fence or portions of the fence are materially less resistant to wind;
(5) Whenever the fence, its appurtenance, or its members or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such fence; the deterioration, decay, or instability of its foundation; or any other cause is likely to partially or completely collapse;
(6) Whenever the fence, its appurtenance, or its members list, lean, or buckle to such an extent that the plumb line passing through the center of gravity does not fall inside the middle one third of the base of the fence;
(7) Whenever the fence, its appurtenance, or its members or a portion thereof has been constructed in violation of any specific requirements of the Building Code, the city’s ordinances, or the state’s laws; and
(8) Whenever the fence, its appurtenance, or its members or portion thereof is creating a traffic hazard because of visibility as determined by the Police Chief.
(C) (1) If any owner of record fails to abate a nonconforming or unsafe fence, wall, or hedge within 30 days after receipt of written notice from the Building Inspector, certified mail, return receipt requested, the city shall have the right to go upon the property and abate the violation without further notice to the owner or occupant of record.
(2) The city may recover its costs of abatement in any court of competent jurisdiction.
EROSION CONTROL
§ 153.210 PURPOSE AND APPLICATION.
(A) During the construction process, soils are highly vulnerable to erosion by wind and water. Eroding soil endangers water resources by reducing the water quality and adversely affecting aquatic habitat for fish and other aquatic species. Eroded soils also increase the maintenance and repairs needed to maintain storm sewers, ditched, and other water carrying channels within the city. It decreases the life expectancy for holding ponds and other runoff management facilities. In addition, clearing and grading during construction causes the loss of topsoil and native vegetation necessary for terrestrial and aquatic habitat.
(B) The purpose of this subchapter is to safeguard persons, protect property, and to prevent unnecessary damage to the environment within the city. This subchapter will promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or activity that disturbs or breaks the topsoil or results in the movement of earth in the city.
(C) Unless specifically exempted, these regulations shall apply to all lands within the city on which the vegetation is removed, disturbed, or fill material has been brought onto a site.
§ 153.211 GRADING PERMIT REQUIRED.
Before any person may engage in a land disturbing activity effecting from 1,000 square feet up to one acre, he or she must first obtain a grading permit from the Building Inspector.
§ 153.212 APPLICATION FOR GRADING PERMIT.
(A) To obtain a grading permit from the Building Inspector, the applicant must make application to the Inspection office in duplicate on forms to be furnished by the city.
(B) Said application must include or be accompanied by the following:
(1) The name of the owner of the real property proposed to be disturbed;
(2) The name of the contractor, if any, doing the work;
(3) The name, address, phone number, and emergency contact information for the person(s) responsible for the erosion control measures implementation and maintenance;
(4) The legal description of the property proposed to be disturbed;
(5) Documentation verifying that the property owner has obtained a general permit for stormwater discharges associated with construction activities through the State DENR as required by SDAR 72:52:11 for land disturbing activity of one acre or more;
(6) Documentation verifying that the property owner has obtained a general permit for stormwater discharges associated with industrial activities through the State DENR as required by SDAR 72:52:01 through 72:52:11. The requirements for this permit are governed by the Standard Industrial Code (SIC). There are no size (area) requirements for this permit;
(7) Documentation of the approval of the stormwater pollution prevention plan (SWPPP) by the city’s Engineering and Inspections Office. The SWPPP is required for both divisions (B)(4) and (B)(5) above; and
(8) Such other information the Building Inspector may request so that he or she may determine if said improvement complies with the city’s ordinances and/or the state’s laws.
§ 153.213 EXCEPTIONS TO PERMIT REQUIREMENT.
No grading permit shall be required for the following activities:
(A) Any emergency activities that are immediately necessary for the protection of life, property, or natural resources;
(B) Existing nursery and agricultural operations as a permitted main or accessory use; and
(C) Land disturbing activity less than 1,000 square feet.
§ 153.214 FEES.
Upon making application for a grading permit, any applicant shall pay a fee in the amount of $25.
§ 153.215 GRADING PERMIT ISSUED.
(A) The Building Inspector, upon receiving said application and fee, shall examine the same. If the application is completed, the proper fee is paid, and the proposed land disturbance conforms to the ordinances and laws of this city, she or he shall issue a grading permit to the applicant, which shall entitle the applicant to proceed with the land disturbance.
(B) If the Building Inspector, upon examination of the application, finds that the application is not complete, or other information is necessary before a decision can be rendered thereon, the Building Inspector may request the additional information from the applicant without the necessity of obtaining a new application or fee.
(C) (1) If the Building Inspector finds that the land disturbance applied for does not conform to the city’s ordinances or the state’s laws, she or he shall reject the application by noting that fact upon the application and returning one copy of the application to the applicant.
(2) The other copy of the application shall be retained in the files of the Building Inspector.
§ 153.216 EXPIRATION OF GRADING PERMIT.
All permits shall be issued for a period of one year but may be renewed upon a site inspection and approval by the City Engineering and Inspections Office.
§ 153.217 BEST MANAGEMENT PRACTICES APPLICABLE TO ALL LAND DISTURBANCES.
Any person not required to obtain a grading permit but who is engaging in a land disturbing activity is required to apply effective Best Management Practices (BMP).
§ 153.218 EROSION CONTROL PLAN (ECP) REQUIREMENTS.
Any acceptable erosion control plan (ECP) shall include the following requirements:
(A) (1) A legible map identifying the area to be disturbed, slopes, and resources to be protected as well as the nearest downstream stormwater inlet, drainage ways, and neighboring property lines.
(2) The minimum size of the map for a site up to one acre is eight and one-half by 11 inches; for sites disturbing more than one acre and industrial sites the minimum map size will be 11 inches by 17 inches;
(B) The plan must be approved and BMP’s must be in place before grading may begin;
(C) Documentation verifying that the property owner has obtained a general permit for stormwater discharges associated with construction activities through the State DENR as required by SDAR 72:52:11 for land disturbing activity of one acre or more;
(D) Documentation verifying that the property owner has obtained a general permit for stormwater discharges associated with industrial activities through the State DENR as required by SDAR 72:52:01 through 72:52:11. The requirements for this permit are governed by the Standard Industrial Code (SIC). There are no size (area) requirements for this permit;
(E) All BMPs necessary to achieve soil stabilization on the site, of any disturbed areas including stockpiles of any soil, rock, or any additional landscaping materials on the site;
(F) A designated entry/exit point, an on-site concrete washout area, measures to protect the nearest downstream stormwater inlets or drainage way, and detailed measures to be taken to prevent mud tracking from vehicles and equipment into the street; and
(G) Inclusion of the date for final stabilization, as defined below, by the grading permit holder.
§ 153.219 FINAL STABILIZATION GENERALLY.
(A) Final stabilization shall be considered attained for all soil disturbing activities at a site when either of the following criteria has been met:
(1) A uniform (e.g., evenly disturbed, without large bare areas) perennial vegetation cover with a minimum density of 70% of the native background vegetation for the area has been established on all unpaved areas and areas not covered by a permanent structure; or
(2) Equivalent permanent stabilization measures, such as the use of riprap, retaining walls, geotextiles, or other approved methods, have been employed.
(B) When background native vegetation naturally covers less than 100% of the ground, the 70% coverage criteria is adjusted as follows: if native vegetation covers 50% of the ground, 70% of 50% (0.70 x 0.50 = 0.35) would require 35% total coverage for final stabilization. In an area where less vegetation is naturally found, less stabilization would be required.
(C) Any final stabilization must be completed within one year of certificate of occupancy, final inspection, or project completion, whichever occurs sooner.
§ 153.220 FINAL STABILIZATION FOR RESIDENTIAL CONSTRUCTION.
For individual residential construction lots final stabilization means that either:
(A) The homebuilder has completed final stabilization as specified above; or
(B) The homebuilder has established temporary stabilization, including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. In addition, the owner of the property shall be required to sign a statement stating they are aware of these responsibilities upon acquiring the water/sewer/garbage account for the property.
§ 153.221 FINAL STABILIZATION FOR AGRICULTURAL PURPOSES.
For construction projects on land used for agricultural purposes (e.g., pipelines across range or crop land, staging areas for road construction, and the like), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to a watercourse, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria set forth in § 153.218.
§ 153.222 ADDITIONAL REQUIREMENTS.
(A) It shall be the responsibility of the grading permit holder to attain the approval of all required agencies for the crossing of any waterway associated with any grading project, (i.e., the State DENR, Corp of Engineers, FEMA, and the like).
(B) ECPs and SWPPPs must be maintained on the site during the progress or the work.
(C) If control measures implemented do not achieve stabilization, the permit holder may be required to submit an updated SWPPP or may be required to submit a ECP prepared by a qualified state-licensed professional engineer.
(D) The city’s authorized representative may enter on to the site to make inspections as needed.
§ 153.223 STOP WORK ORDER.
(A) Whenever the City Engineer, the City Building Official, or his or her designee finds a site maintained contrary to the provisions of this chapter, the City Engineer, the Building Inspector, or his or her designee is authorized and directed to issue a stop work order for the site.
(B) Any stop work order shall be in writing and issued to the permittee or assigned contractor. Upon issuance the cited work shall immediately cease. The stop work order shall state the reasons for the order and the conditions under which the cited work will be permitted to resume.
(C) Any person who shall continue any work after having been served a stop work order, except for the work required by the order, shall be considered to be in violation of this chapter and subject to any applicable penalty set forth herein.
§ 153.999 PENALTY.
(A) Any violation of the provisions of this title is a Class II misdemeanor punishable by the maximum punishment set forth by the state’s laws pursuant to SDCL § 22-6-2. Said punishment may also include payment of any costs and/or restitution authorized by this chapter and/or state law.
(B) In addition to the general penalty as stated above, any cleanup required by the city for the removal of mud tracked onto the street from the site, extra cleaning of the storm sewers or drainage ways, and the like, will be charged to the permit holder at a rate of one and one-half times the normal equipment rates and labor rate for the city.
(C) Failure to pay any applicable fees within 30 days of said notice may result in the revocation of any and all outstanding permits and licenses held through the city.
(D) In addition, any violation of the provisions of this chapter may result in the revocation, suspension, or refusal to issue any license pursuant to any section of this chapter.
(E) In addition, any person who commences any work toward erecting or constructing a building or structure or causes any alterations to an existing building or structure which requires a building permit under the terms of this chapter before obtaining the necessary permit shall be subject to an addition fee equal to the amount of the permit fee required by this chapter.
CHAPTER 154: WIND GENERATORS
Section
General Provisions
154.001 Purpose
154.002 Definitions
154.003 Applicability
154.004 Remedies
Permitted Use
154.015 Permit requirement
154.016 Permit application
Commercial Wind Generator Facilities
154.030 Use of public roads
154.031 Local emergency services
Design and Installation of Commercial Wind Generator Facilities
154.045 Design safety certification
154.046 Uniform Building Code
154.047 Controls and brakes
154.048 Electrical components
154.049 Visual appearance; power lines
154.050 Warnings
154.051 Decommissioning
Setbacks for Commercial Wind Generator Facilities
154.065 Occupied buildings
154.066 Property lines
154.067 Public roads
154.068 Wind generator facilities/wind farms
154.069 Waiver of setbacks
Rural (Non-Commercial) and Small Residential Wind Turbines
154.080 Purpose
154.081 Permitted use
Variance Procedure
154.095 General
154.096 Conditions
154.097 Application required
154.098 Requirements for granting variance
154.099 Report to the County Board
154.999 Penalty
GENERAL PROVISIONS
§ 154.001 PURPOSE.
The purpose of this chapter is to provide for the construction and permitting of small residential, rural, and commercial wind generator facilities in the incorporated area of the city, subject to reasonable conditions that will protect the public health and safety.
(Ord. 19, passed - -2008)
§ 154.002 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The person or entity filing an application under this chapter.
COMMERCIAL WIND GENERATOR FACILITY (WIND FARM). An electric generating facility, placed on 73 acres or more, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
FACILITY OWNER. The entity or entities having an equity interest in the wind generator facility, including their respective successors and assigns.
HUB HEIGHT. The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
NON-PARTICIPATING LANDOWNER. Any landowner except those on whose property all or a portion of a wind generator facility is located pursuant to an agreement with the facility owner or operator.
OPERATOR. The entity responsible for the day-to-day operation and maintenance of the wind generator facility.
OCCUPIED BUILDING. A residence, school, hospital, church, public library, or other building used for public gathering that is occupied or in use when the permit application is submitted.
RURAL WIND TURBINES. Small- to medium-size wind energy systems installed for on-site use on agricultural property for supplying electricity or other uses, not to exceed 60 feet in height.
SMALL WIND TURBINE SYSTEM. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10kW and which is intended to primarily reduce on-site consumption of utility power.
TURBINE HEIGHT. The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
TOWER HEIGHT. The height above grade of the fixed portion of the tower, excluding the wind turbine itself.
WIND TURBINE. A wind generator conversion system that converts wind generator into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
(Ord. 19, passed - -2008)
§ 154.003 APPLICABILITY.
(A) This chapter applies to all wind generators and wind generator facilities proposed to be constructed after the effective date of the ordinance codified herein, and also applies to stand-alone wind turbines constructed primarily for residential or farm use.
(B) Wind generators and wind generator facilities constructed prior to the effective date of the ordinance codified herein shall not be required to meet the requirements of this chapter, provided that any physical modification to an existing wind generator facility that materially alters the size, type, and number of wind turbines or other equipment shall require a permit under this chapter.
(Ord. 19, passed - -2008)
§ 154.004 REMEDIES.
(A) It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this chapter, or any permit issued under this chapter, or cause another to violate, fail to comply, or take any action which is contrary to the terms of the ordinance or any permit issued under this chapter.
(B) If the city determines that a violation of the chapter or the permit has occurred, the city shall provide written notice to any person, firm, or corporation alleged to be in violation of this chapter or permit. If the alleged violation does not pose an immediate threat to public health or safety, the city and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.
(C) If after 30 days from the date of the notice of violation the city determines, at its discretion, that the parties have not resolved the alleged violation, the city may institute civil enforcement proceedings or any other remedy at law to ensure compliance with the chapter or permit.
(Ord. 19, passed - -2008) Penalty, see § 154.999
PERMITTED USE
§ 154.015 PERMIT REQUIREMENT.
A wind generator facility shall be considered a permitted use if approved by the Planning and Zoning Board and the Board of Commissioners with proper permits and documentation required by this chapter.
(A) No wind generator facility, or addition of a wind turbine to an existing wind generator facility, shall be constructed or located within the incorporated boundaries of the city unless a permit has been issued to the facility owner or operator approving construction of the facility under this chapter.
(B) The permit application or amended permit application shall be accompanied with a fee by the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution, for all commercial wind generator facilities. Rural wind turbines and small residential wind turbines are exempt from permit fees, however, all wind generators require a building permit.
(C) Any physical modification to an existing and permitted commercial wind generator facility that materially alters the size, type, and number of wind turbines or other equipment shall require a permit modification under this chapter. Like-kind replacements shall not require a permit modification.
(D) Commercial wind generator facilities shall only be placed on agricultural property of 73 acres or more.
(Ord. 19, passed - -2008)
§ 154.016 PERMIT APPLICATION.
(A) The permit application shall demonstrate that the proposed commercial wind generator facility will comply with this chapter.
(B) The application shall contain the following:
(1) A narrative describing the proposed commercial wind generator facility, including an overview of the project; the project location; the approximate generating capacity of the commercial wind generator facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions, and respective manufacturers, and a description of ancillary facilities;
(2) An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the commercial wind generator facility;
(3) Identification of the properties on which the proposed commercial wind generator facility will be located, and the properties adjacent to and within 1,000-foot radius where the commercial wind generator facility will be located;
(4) A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the commercial wind generator facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback;
(5) Documents related to decommissioning;
(6) Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the city to ensure compliance with this chapter; and
(7) Provide a copy of the agreement between the facility owner and the affected local power company.
(C) Within 30 days after receipt of a permit application, the Planning and Zoning Board or its designee will determine whether the application is complete and advise the applicant accordingly.
(D) The applicant must appear before the Planning and Zoning Board and Board of Commissioners at the regularly scheduled meetings. The applicant shall participate in the hearings and be afforded an opportunity to present the project to the public and the Planning and Zoning Board and Commission, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
(1) Neighbors within a 1,000 feet of the property of the proposed wind generator must be notified by certified mail at least 14 calendar days in advance of the scheduled Planning and Zoning Board’s public hearing along with a return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction and also:
(a) Given the telephone number and address of the facility owner or operator; and
(b) Informed of his or her right to participate in the Planning and Zoning Board’s public hearing, with time, date, and location of said public hearing.
(2) A list of the property owners who received the notice, together with copies of the certified receipts for the notice sent to the listed property owners shall be provided to the City Finance Officer.
(E) Within 30 days after the close of hearing or at the hearing, the Planning and Zoning Board will make their recommendation to the Board of Commissioners to issue or deny the permit application.
(F) Throughout the permit process, the applicant shall promptly notify the Finance Officer of any changes to the information contained in the permit application.
(G) Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
(Ord. 19, passed - -2008)
COMMERCIAL WIND GENERATOR FACILITIES
§ 154.030 USE OF PUBLIC ROADS.
(A) The applicant shall identify all state and local public roads to be used within the city to transport equipment and parts for construction, operation, or maintenance of the commercial wind generator facility.
(B) The city’s Public Works Superintendent or a qualified third party engineer hired by city shall document road conditions prior to construction. The Public Works Superintendent or a third party engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(C) The city may require that the road(s) to be used be bonded by the applicant.
(D) Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant’s expense and repairs must be approved by Public Works Superintendent.
(E) The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads either through a bond or a irrevocable letter of credit.
(Ord. 19, passed - -2008)
§ 154.031 LOCAL EMERGENCY SERVICES.
(A) The applicant shall provide a copy of the project summary and site plan also to local emergency services, including volunteer fire department(s).
(B) Upon request, the applicant shall cooperate with the city’s emergency management and other emergency services to develop and coordinate implementation of an emergency response plan for the commercial wind generator facility.
(Ord. 19, passed - -2008)
DESIGN AND INSTALLATION OF COMMERCIAL WIND GENERATOR FACILITIES
§ 154.045 DESIGN SAFETY CERTIFICATION.
The design of the wind generator facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.
(Ord. 19, passed - -2008)
§ 154.046 UNIFORM BUILDING CODE.
To the extent applicable, the wind generator facility shall comply with the 1997 Uniform Building Construction Code.
(Ord. 19, passed - -2008)
§ 154.047 CONTROLS AND BRAKES.
All wind generator facilities shall be equipped a electronic shut down or with a redundant braking system. This includes both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and/or mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(Ord. 19, passed - -2008)
§ 154.048 ELECTRICAL COMPONENTS.
All electrical components of a commercial wind generator facility, rural wind generator, and small residential wind turbines shall conform to the National Electric Code and to relevant and applicable local, state, and national codes, including the National Electric Code, and relevant and applicable international standards, along with the standards set forth by the affected local power company.
(Ord. 19, passed - -2008)
§ 154.049 VISUAL APPEARANCE; POWER LINES.
(A) Wind turbines shall be a non-obtrusive color such as white, off-white, or gray.
(B) Wind generator facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety, and/or the City Planning and Zoning Board or the Board of Commissioners.
(C) Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner, and operator.
(D) On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(Ord. 19, passed - -2008)
§ 154.050 WARNINGS.
(A) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(B) Visible, reflective, colored objects such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.
(C) (1) Wind turbines shall not be climbable up to 15 feet above ground surface.
(2) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
(Ord. 19, passed - -2008)
§ 154.051 DECOMMISSIONING.
Any wind generator system which is not used for 12 successive months shall be deemed abandoned and shall be dismantled, including excavating and removing concrete footings to a depth of four feet, and all materials must be removed from the property at the expense of the facility owner or property owner. Facility owners of commercial wind generator facilities must provide a copy of financial surety and or an insurance certificate which will cover the decommissioning of the facility or wind farm, to the City Finance Officer.
(Ord. 19, passed - -2008)
SETBACKS FOR COMMERCIAL WIND GENERATOR FACILITIES
§ 154.065 OCCUPIED BUILDING.
(A) Wind turbines shall be set back from the nearest occupied building a distance not less than one and one-tenth times the turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(B) Wind turbines shall be set back from the nearest occupied building located on a non- participating landowner’s property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(Ord. 19, passed - -2008)
§ 154.066 PROPERTY LINES.
All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements per Chapter 155 of this code of ordinances or one and one-tenth times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(Ord. 19, passed - -2008)
§ 154.067 PUBLIC ROADS.
All wind turbines shall be set back from the nearest public road a distance of not less than one and one-tenth times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base or the minimum setbacks stated in Chapter 155 of this code of ordinances, whatever is greater.
(Ord. 19, passed - -2008)
§ 154.068 WIND GENERATOR FACILITIES/WIND FARMS.
Wind generator facilities/wind farms must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(Ord. 19, passed - -2008)
§ 154.069 WAIVER OF SETBACKS.
(A) Agricultural property owners may waive the setback requirements in § 155.065(B) (occupied buildings on non-participating landowner’s property) by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes if placed on agricultural property of 73 acres or more.
(B) The written waiver shall notify affected property owner(s) of the setback required by this chapter, describe how the proposed commercial wind generator facility is not in compliance, and state that consent is granted for the commercial wind generator facility to not be set back as required by this chapter.
(C) Upon application, the city may waive the setback requirement for public roads for good cause.
(Ord. 19, passed - -2008)
RURAL (NON-COMMERCIAL) AND SMALL RESIDENTIAL WIND TURBINES
§ 154.080 PURPOSE.
It is the purpose of this regulation to promote the safe, effective, and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.
(Ord. 19, passed - -2008)
§ 154.081 PERMITTED USE.
Small wind energy systems shall be a permitted use on agricultural land and in medium and rural density subdivision classifications where structures are allowed, subject to certain requirements as set forth below.
(A) Tower height. For property sizes between three acres and up to nine acres and up, the tower height shall be limited to 60 feet; property sizes of greater than ten acres up to 39 acres shall have a maximum tower height of 80 feet; and property from 40 acres or more for rural wind generators, the maximum tower height is 120 feet.
(B) Setback. No part of the wind system structure, including guy wire anchors, may extend closer than one and one-tenth times the hub height in feet to the property boundaries of the installation site.
(C) Noise. Small wind energy systems shall not exceed 55 dBA for lot sizes of three and up to nine and up acres, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
(D) Approved wind turbines. Small wind turbines and rural wind generators must have been approved under the emerging technologies program recognized by the American Wind Energy Association.
(E) Compliance with 1997 Uniform Building Code. Building permit applications for small and rural wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings.
(F) Compliance with FAA regulations. Small and rural wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(G) Compliance with National Electric Code. Building permit applications for small and rural wind energy systems shall meet the National Electrical Code and the local power companies requirements.
(H) Utility notification. No small or rural wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(I) Evidence. The proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system.
(Ord. 19, passed - -2008)
VARIANCE PROCEDURE
§ 154.095 GENERAL.
The Board of Commissioners shall hear and decide appeals and requests for variances from the terms of this chapter. The Planning and Zoning Board shall base its determination on technical justifications and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this chapter.
(Ord. 19, passed - -2008)
§ 154.096 CONDITIONS.
(A) In granting variances, modifications, and approvals for the wind generator application, the City Planning and Zoning Board and Board of Commissioners may require such conditions as will, in its judgment, secure substantially the objectives or the standards or requirements so varied, modified, or approved. In granting any variance, the Planning and Zoning Board and Board of Commissioners shall prescribe conditions that it deems necessary to or desirable for the public interest. These conditions may include, without being limited to personal, surety, performance, or maintenance bonds, affidavits, covenants, or other legal instruments. In making its findings, as required herein, the Planning and Zoning Board and Board of Commissioners shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work near the proposed wind generator facility site, and the probable effect of the proposed wind generator facility upon living conditions in the vicinity.
(B) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land.
(Ord. 19, passed - -2008)
§ 154.097 APPLICATION REQUIRED.
(A) Applications for any such variance shall be submitted in writing by the facility owner and/or property owner at the time when the wind generator facility application is filed for consideration by the City Planning and Zoning Board and Board of Commissioners stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans, or other additional data which may aid the Planning and Zoning Board and Board of Commissioners in the analysis of the proposed wind generator project. The plans for the proposed wind generator shall include such covenants and restrictions other legal provisions necessary to guarantee the full achievement of the proposed plan.
(B) Applications for variance shall be considered with the wind generator facility application, and the City Planning and Zoning Board and Board of Commissioners will render its decision at the hearing or no later than 30 days after the hearing at which the preliminary package and request for a variance was submitted. All variances must be approved by the governing board.
(Ord. 19, passed - -2008)
§ 154.098 REQUIREMENTS FOR GRANTING VARIANCE.
(A) The Board of Commissioners shall have the authority to give a variance.
(B) The person claiming the variance has the burden of showing:
(1) That the granting of the variance will not be contrary to the public interest;
(2) That the literal enforcement of the chapter will result in unnecessary hardship;
(3) That by granting the variance contrary to the provisions of the chapter the spirit of this chapter will be observed; and
(4) That by granting the variance, justice will be done.
(Ord. 19, passed - -2008)
§ 154.099 REPORT TO THE COUNTY BOARD.
For each application for a variance, the facility owner and/or property owner will coordinate with the Finance Officer to set a date and time for a public hearing regarding a variance request.
(Ord. 19, passed - -2008)
§ 154.999 PENALTY.
(A) Violation of this chapter shall be a Class II misdemeanor and each day’s violation shall constitute a separate offense.
(B) In addition to the criminal penalty set forth above, the Board of Commissioners may immediately suspend all of the permits or the construction activities of a wind generator facility which does not meet the requirements of this chapter. If a suspension occurs, the reasons for such suspension shall be clearly stated by the Board of Commissioners. The suspension on wind generator facility permits or construction activities shall be lifted by the Board of Commissioners upon satisfactory approved that the reasons which led to the suspension have been remedied.
(Ord. 19, passed - -2008)
CHAPTER 155: ZONING
Section
General Provisions
155.001 Short title
155.002 Purpose
155.003 Jurisdiction
155.004 Intent
155.005 Regulations
155.006 Purpose of catch heads, introductory statements, and illustrations
155.007 Fractions
155.008 Savings clause
155.009 Definitions
Zoning Districts and Maps
155.020 Districts established
155.021 Zoning map
155.022 Rules for interpretation of district boundaries
155.023 Scope of regulations
155.024 Signs
AG Agricultural District
155.035 General description
155.036 Uses permitted
155.037 Conditional uses
155.038 Area regulations
155.039 Height regulations
155.040 Other regulations
R-1 Single-Family Residential District
155.055 General description
155.056 Uses permitted
155.057 Conditional uses
155.058 Area regulations
155.059 Height regulations
155.060 Other regulations
R-2 One- and Two-Family Residential District
155.075 General description
155.076 Uses permitted
155.077 Conditional uses
155.078 Area regulations
155.079 Height regulations
155.080 Other regulations
R-3 Multi-Family Residential District
155.095 General description
155.096 Uses permitted
155.097 Conditional uses
155.098 Area regulations
155.099 Height regulations
155.100 Other regulations
155.101 Usable open space
155.102 Required play area
C-1 General Commercial District
155.115 General description
155.116 Uses permitted
155.117 Conditional uses
155.118 Area regulations
155.119 Height regulations
155.120 Other regulations
GI General Industrial District
155.135 General description
155.136 Uses permitted
155.137 Conditional uses
155.138 Area regulations
155.139 Height regulations
155.140 Parking and loading requirements
155.141 Screening
155.142 Other regulations
Planned Development District
155.155 General description
155.156 Uses permitted
155.157 Uses prohibited
155.158 Minimum requirements for improvements and design
155.159 Procedure
155.160 Initial development plan
155.161 Final development plan
155.162 Amendments
Additional Use, Yard, and Height Requirements
155.175 General permitted uses regulations
155.176 General accessory use and structure provisions
155.177 Permitted accessory structures
155.178 Home occupations
155.179 Temporary uses
155.180 Fences
155.181 Yard and building setback exceptions
155.182 Sight triangles
155.183 Height exceptions
Outdoor Lighting Requirements
155.195 Intent
155.196 Conformance with applicable codes
155.197 Applicability
155.198 Approved materials and method of construction or installation/operation
155.199 Definitions
155.200 Shielding
155.201 Filtration
155.202 Outdoor advertising signs
155.203 Temporary exemptions
155.204 Other exemptions
Wind Energy Conversion Systems
155.215 General
155.216 Commercial sale of power prohibited
155.217 Utility interconnections
155.218 Required setbacks
155.219 Tower height
155.220 Rotor size/operation
155.221 Noise
155.222 Electromagnetic interference
155.223 Tower access
155.224 Warning information
155.225 Lighting
155.226 Tower design
155.227 Manufacturer warranty/maintenance information
155.228 Construction standards
155.229 Abandonment/removal
Development Standards for Certain Conditional Uses
155.240 Purpose
155.241 Manufacture home park/subdivisions
155.242 Campgrounds, recreation vehicle park, and travel parks standards
Parking, Loading, and Stacking Requirements
155.255 Purpose
155.256 Minimum requirements
155.257 Off-street loading and unloading requirements
155.258 Storage and parking of trailers, recreational vehicles, and commercial vehicles
Sign Regulations
155.270 Authority
155.271 Intent
155.272 Compliance and applicability
155.273 Definitions
155.274 Exemptions
155.275 New signs
155.276 Applications and permitting
155.277 Outdoor lighting for outdoor advertising
155.278 Sign maintenance
155.279 Enforcement of sign ordinance
155.280 Permits and fees
Landscaping and Buffering Requirements
155.295 Purpose
155.296 Landscaping required
155.297 Definitions
155.298 General regulations
155.299 Landscape plan approval steps
155.300 Landscape requirements
155.301 Landscape plans
155.302 Landscape irrigation requirements
155.303 Existing tree credit
155.304 Health, safety, and aesthetic barriers
Nonconforming Uses
155.315 Purpose and intent
155.316 Continuation of nonconforming uses
155.317 Change of nonconforming use
155.318 Extension or enlargement
155.319 Restoration after damage
155.320 Discontinuation of nonconforming uses
155.321 Effect on use which is illegal under prior law
155.322 Existing small lots
Authorizing Conditional Uses
155.335 General
155.336 Application procedure
155.337 Appeals
155.338 Governing body percentage of vote required for approval of conditional use permit
155.339 Amendments
155.340 Expiration and renovations
155.341 Denial of request
Amendments
155.355 Standards for amendments
155.356 Text amendments
155.357 Rezoning requests
155.358 Protest
Board of Adjustments
155.370 Variances
155.371 Board established
155.372 Membership
155.373 Rules
155.374 Meetings
155.375 Appeal procedure
155.376 Signs
155.377 Limitations
155.378 Court review
Administration and Enforcement
155.390 Administrative Officer
155.391 Planning and Zoning Board
155.392 Board of Commissioners
155.393 Right of entry
155.394 Stop order
155.395 Occupancy violation
155.396 Certificate of occupancy
155.397 Cooperation of other officials and officers
155.398 Violation and penalty
155.399 Appeals
155.400 Fees
155.401 Pending ordinance rule
155.402 Complaints regarding violations
155.403 Interpretation, abrogation, and severability
155.404 Minimum requirements
155.405 Conflict with public and private provisions
155.406 Repealer
155.407 Construction of repealer
155.999 Penalty
GENERAL PROVISIONS
§ 155.001 SHORT TITLE.
These regulations shall be known and may be cited as the “Zoning Ordinance.”
(Ord. passed 2-3-2011, § 2.02.010)
§ 155.002 PURPOSE.
It is the purpose of this chapter to promote the safety, health, convenience, aesthetics, and general welfare in the city.
(Ord. passed 2-3-2011, § 2.02.020)
§ 155.003 JURISDICTION.
These regulations shall apply to all lands within the corporate boundary of the city as from time to time may be amended.
(Ord. passed 2-3-2011, § 2.02.030)
§ 155.004 INTENT.
The zoning regulations set forth by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.
(Ord. passed 2-3-2011, § 2.03.020)
§ 155.005 REGULATIONS.
The following general regulations shall apply to all zoning districts.
(A) Except as otherwise provided in this chapter, no building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any structure or land be used, except:
(1) For a purpose permitted in the district in which the structure or land is located;
(2) In conformance with the height and minimum lot requirements, and the parking, loading, stacking, and sign regulations, and any other applicable requirements of the district in which the structure or land is located; and
(3) In conformance with any federal, state, or municipal codes as may be applicable. Where this chapter and another chapter conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(B) The density and yard regulations of this chapter are minimum regulations for each and every building existing at the effective date of the ordinance codified herein or 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 this chapter.
(D) Cooperatives, condominiums, and all other forms of property ownership do not affect the provisions of these regulations. All requirements shall be observed as though the property were under single ownership.
(Ord. passed 2-3-2011, § 2.03.030)
§ 155.006 PURPOSE OF CATCH HEADS, INTRODUCTORY STATEMENTS, AND ILLUSTRATIONS.
The catch heads appearing in connection with the sections of this chapter are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each chapter 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 this chapter.
(Ord. passed 2-3-2011, § 2.03.040)
§ 155.007 FRACTIONS.
Where fractional numbers occur in this chapter, they shall be rounded off to the nearest whole number.
(Ord. passed 2-3-2011, § 2.03.050)
§ 155.008 SAVINGS CLAUSE.
This chapter shall in no manner affect pending actions, either civil or criminal, founded on or growing out of any ordinance or part of any ordinance hereby repealed; this chapter 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 ordinance or part of any ordinance hereby repealed.
(Ord. passed 2-3-2011, § 2.03.060)
§ 155.009 DEFINITIONS.
(A) For the purpose of this chapter and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word “person” includes a firm, partnership, or corporation as well as an individual; the word “lot” includes the word “plot” or “parcel”; the word “building” includes the word “structure”; the term “shall” is always mandatory and not directory; and the word “may” is permissive. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
(B) The following words, terms, and phrases are defined and shall be interpreted as such throughout this chapter. Terms not herein defined shall have the meaning customarily assigned to them.
(C) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABUT. To share any portion of a lot line, including a single point.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building or buildings located on the same lot therewith. Radio and television antenna towers, and permanent satellite dish antennas and the appurtenant mounting apparatus, excluding guy anchor points, shall be considered an ACCESSORY BUILDING for the purpose of determining setback requirements established in each zoning district.
ACCESSORY BUILDING, PORTABLE. See PORTABLE ACCESSORY BUILDING.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use of land and/or buildings located on the same lot.
(a) An ACCESSORY USE may only be constructed in conjunction with the issuance of a building permit for or following the construction of a primary use.
(b) In the case of adjoining lots under common ownership, an ACCESSORY USE shall only be constructed on the same lot(s) as the primary use.
ADJACENT. Parcels with no private lots between them (can be shared by public right-of-way).
ADJOIN. To share any portion of a lot line, including a single point.
ADVERTISING. This includes any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used, or intended for ADVERTISING, whether placed on the ground, rocks, trees, tree stumps, or other natural structures, or on a building, structure, milestone, signboard, billboard, wallboard, roof board, frame, support, fence, or other human-made structure, and any such ADVERTISING is a structure within the meaning of the word “structure” as used in this chapter.
ADVERTISING SIGN OR STRUCTURE. See SIGN.
AGRICULTURE. The production, keeping, or maintenance for sale, lease, or personal use, of plants and animals useful to humans, including, but not limited to: forages; sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to soil conservation or forestry management programs. This definition shall not include intensive agricultural activities such as feed lot operations, chicken farms, and agribusiness activities.
ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.
ALTERATIONS. As applied to a building or structure, this term means a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMUSEMENT AND RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls, and the like.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
AREA, BUILDING. The square footage of the footprint of the principal building and all accessory buildings exclusive of non enclosed porches, terraces, steps, and decks.
ART CENTERS. This includes galleries, accessory museum space, classroom and studio space, the manufacturing of sculptures and other artwork as an accessory use to the gallery space, accessory gift shop, and other accessory uses.
ASSISTED LIVING FACILITY/GROUP CARE HOME. A residential facility licensed by the state that is established for the purpose of providing, on a long-term basis and for monetary compensation, room and board for three or more individuals living as a single household unit, who are unrelated by blood or marriage, and who by reason of age, physical, or mental disability may require personal assistance in achieving personal independence. Such a FACILITY may contain a separate and defined living unit for a resident caretaker or manager. In addition to the above, GROUP CARE HOMES shall include all such facilities licensed by state or federal authority which provide room, board, and other care for three or more person; provided, however, that missions, detoxification centers, and detention and residential inpatient treatment facilities shall not be construed to fall under the definition of GROUP CARE HOMES, whether licensed or not.
AUTOMOBILE WRECKING. The dismantling, storage, sale, or dumping of used motor vehicles, trailers, or parts thereof.
AVERAGE GROUND ELEVATION. The elevation of the mean finished ground surface at the front wall of a structure.
BASEMENT. A story having at least one-half of its height below the average level of the adjoining ground. A BASEMENT shall be counted as one-half story. (See STORY.)
BED AND BREAKFAST. A residence offering overnight lodging and a morning meal, with not more than four guest sleeping rooms for not more than eight persons. A BED AND BREAKFAST in a residential zone shall be regulated as a home occupation.
BILLBOARD. See SIGN.
BOARD. The Board of Zoning Adjustment for the city.
BOARDING HOUSE. A dwelling as distinct from a hotel or rooming house where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more but not exceeding 12 persons on a weekly or monthly basis.
BUILDABLE AREA OF A LOT. The portion of a lot bounded by the required rear and side yards and the building setback line.
BUILDING. Any enclosed structure intended for shelter, housing, or enclosure of persons, animals, or chattels.
BUILDING, ACCESSORY. See ACCESSORY BUILDING.
BUILDING, MAIN OR PRINCIPAL. A building or buildings in which is conducted the principal use or uses of the lot. In any commercial or industrial district, more than one principal building for an industrial or commercial use may be permitted on a single lot, provided setback, yard, and lot coverage requirements are met. In any residential district, any single-family, two-family, or multiple dwelling shall be deemed to be the sole PRINCIPAL BUILDING on the lot on which it is situated.
BUILDING OFFICIAL. The official responsible for the administration and enforcement of the various codes regulating construction, use, or occupancy of buildings and structures, public or private.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in § 155.038, § 155.058, § 155.078, § 155.098, § 155.118, § 155.138, § 155.158, and § 155.178. The BUILDING SETBACK LINE is parallel to or concentric with the street right-of-way.
BUILDING SITE. A single parcel of land occupied or intended to be occupied by a building or structure.
BUSINESS SERVICES. Any activities which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in a home or business.
CELLAR. The portion of a building between the floor and ceiling which is wholly or partly below grade (adjoining ground elevation) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See STORY.)
CLINIC. See MEDICAL FACILITY.
CLUB, PRIVATE. An organization catering exclusively to members and their guests, or premises and buildings for recreational, fraternal, or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising, or commercial activities are conducted only as required generally for the membership of such CLUB, organized formerly by either incorporation or association of a national or state organization.
CNG. Compressed natural gas.
CONDITIONAL USE PERMIT. The permitting of a use of land and/or structures not otherwise permitted by right in the zoning district. Said PERMIT shall be issued by the city stating that the conditional use complies with the conditions and standards set forth in this chapter and authorized by the city.
COMMUNITY CORRECTIONS FACILITY. A 24-hour-per-day minimum security detention facility for county, state, or federal inmates on release from a more restrictive detention facility or offenders initially placed by a court in lieu of a more restrictive detention facility where supervision as well as employment, education, and rehabilitation assistance are provided. The FACILITY may be either a single structure or a grouping of structures on a single site.
CONDOMINIUM. Real property consisting of an undivided interest in portions of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property. A CONDOMINIUM may include, in addition, a separate interest in other portions of real property.
CONTIGUOUS. Sharing any portion of a lot line, including a single point.
CONVENTION HOTEL. Any facility which provides a variety of services designed predominately to serve the needs of the convention business. The facility shall be permitted to have 100 square feet of floor space for associated related uses for every 100 square feet of room space. A CONVENTION HOTEL shall have a minimum of 150 rooms and shall provide such facilities as restaurants, lounges, meeting rooms, and similar related retail uses. A minimum of 20% of the rooms shall be business suites.
COUNTRY CLUB. A chartered, membership club, with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golfing, riding, outdoor recreation, clubhouse, locker room, and pro shop.
COVERAGE. The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.
DAY CARE. The providing of care and supervision of children/adults as a supplement to regular parental/home care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.
DAY CARE, CENTER. A facility used for providing adult or child day care not located in a home and is limited in number by the square footage of useable space available. The ratio is 35 square feet per person indoors and 50 square feet per person outdoors.
DAY CARE, HOME. Care is provided in a dwelling and the number of persons cared for is limited to a maximum of six adults or six children under the age of 14 years. Included in the number of children are the provider’s own children six years and under. The dwelling shall be used as the principal use and the day care use shall be accessory.
DAY CARE, FAMILY. Care is provided in a dwelling. The number of persons cared for is seven to 12 adults or children under the age of 14 years including the provider’s own children six years and under. The dwelling shall be used as the principal use and the day care use shall be accessory.
DEVELOPMENTAL LOT. A plot plan of one or more lots when signed by the Planning and Zoning Board or its designee. A DEVELOPMENTAL LOT can only be so designated where the lots are under one ownership, as per ownership of record files. Only one residential building and its accessory buildings shall be placed on any DEVELOPMENTAL LOT. In any commercial or industrial district, more than one principal building for an industrial or commercial use may be permitted on a DEVELOPMENTAL LOT provided setback, yard, and lot coverage requirements are met.
DISTRICT. Any section or sections of the city for which the regulations governing use of the land and use, density, bulk, height, and coverage of buildings and other structures are uniform.
DORMITORY. A building containing sleeping rooms for either transient or permanent occupancy.
DRIVE-IN COMMERCIAL USES. Any retail commercial use providing off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.
DRIVE-IN RESTAURANTS. Any establishment in which patrons, while remaining in their cars, are served food, beverages, or refreshments for consumption on or off the premises.
DUMP. A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discharged machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING. A building or portion thereof, exclusive of manufactured homes as herein defined, used for residential purposes. (See DWELLING UNIT.)
DWELLING, MULTIPLE. A detached building designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or resort-type hotels.
DWELLING, SINGLE-FAMILY. A detached building designed to be occupied exclusively by one family.
DWELLING, TOWNHOUSE. One of a group of two or more attached single-family dwelling units built on one or more common lot lines. There shall be no overlapping of TOWNHOUSE STRUCTURES with the exception of roof overhangs. Each TOWNHOUSE shall be located on an individually platted lot which may contain open space in addition to the area upon which the dwelling is constructed. The owner of the TOWNHOUSE may also participate in the ownership of common property within a townhouse development.
DWELLING, TWO-FAMILY. A detached building designed to be occupied by two families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or resort-type hotels.
DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the DWELLING UNIT for the exclusive use of a single family maintaining a household.
EQUAL DEGREE OF ENCROACHMENT. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.
FAMILY. One or more persons related by blood, marriage, or adoption, or a group not to exceed five persons (excluding servants) none of whom are related by blood or marriage, occupying the premises, and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A FAMILY shall be deemed to include domestic servants employed by the FAMILY.
FARMER’S MARKET. The offering for sale of fresh agricultural products directly to the consumer at an open air market designated by the council as a community activity.
FAST-FOOD RESTAURANTS.
(a) Any restaurant in which food is served to patrons in disposable containers.
(b) DISPOSABLE CONTAINERS shall be defined as but not limited to those containers made of paper, plastic, or styrofoam, and which are intended to be discarded after use.
FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure located on the boundary lines or within the required yard.
FLOOD. A temporary rise in stream level that results in inundation of area not ordinarily covered by water.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREA. The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure.
FOOD PROCESSING. The preparation of food products for retail sale on the premises.
FRATERNITY OR SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) 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.
GARAGE, ATTACHED. There must be no less than six feet of common wall between the house and garage, or a common roof carried over both the primary structure and the auxiliary building.
GARAGE, PRIVATE. An accessory building or part of a main building used primarily for storage and which shall not be used for commercial purposes. The maximum cumulative allowable size of all garages or carports shall be 1,500 square feet or 30% of the size of the gross floor area of the dwelling unit(s), whichever is greater. In no event shall the size of the building footprint of the garage(s) or carport(s) exceed the footprint of the dwelling unit(s). The garage(s) or carport(s) shall be used only by persons residing on the premises.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipping of automobiles or other motor vehicles.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair, or equipping of motor vehicles.
GARDEN CENTERS. A retail and/or wholesale establishment consisting of one or more of the following uses: greenhouses, tree or plant nurseries, and landscaping sales and service.
GASOLINE SERVICE OR FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline, butane, or propane, oil fuels, or other automobile accessories and for servicing motor vehicles, but not including painting.
GRADE, ADJACENT GROUND ELEVATION. The lowest part of elevation of the finished surface of the ground surface, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
GRADE, ESTABLISHED. The elevation of the centerline of the streets as officially established by the city authorities.
GRADE, FINISHED. The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
GROUP HOME. An activity providing personal assistance to six or more individuals unrelated by blood or marriage who, by reason of mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems, require specialized attention and care in order to achieve personal independence. Such assistance must include board and room, and may include counseling, rehabilitative services and other incidental services customarily provided by GROUP HOMES. This shall not include missions, detoxification centers, or detention centers.
HEALTH DEPARTMENT. The County Health Department or State Health Department.
HEIGHT. As related to zoning district height regulations, the vertical distance measured from the average ground elevation of the proposed finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.
HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementos of such event or period are housed and preserved and that have been officially designated by the city, state, or federal government.
HOME OCCUPATION. Any activity conducted for financial gain by the occupants of any dwelling unit which is located within a residential zoned district.
HOSPITAL. See MEDICAL FACILITIES.
HOTEL, MOTEL, MOTOR COURT, MOTOR LODGE, or TOURIST COURT. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of transient guest.
HOUSE TRAILER. See MANUFACTURED HOME.
HOUSE TRAILER PARK. See MANUFACTURED HOME PARK.
HIGH-TECH INDUSTRIAL PRODUCTION FACILITY. A facility predominantly utilizing computerized or robotic production techniques with limited labor requirements, including, but not limited to, computerized printing processes, robotic parts manufacturing, and the like.
INTERNATIONAL BUILDING CODES. The International Building Codes as officially adopted by the city in Chapter 152.
JUNKYARD or SALVAGE YARD. A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storing, and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.
KENNEL. Any lot or premises or portion thereof where four or more dogs, cats, rabbits or other household/domesticated animals, six months of age or older, are maintained, boarded, bred, or cared for, in return for any compensation, or are kept for the purpose of sale. A retail store meeting the definition of “pet store” as contained in the definition for “pet store” below is not a KENNEL for purposes of zoning.
LEGAL NONCONFORMING USE. A building, structure, or use of land existing at the time of enactment of this title not legally conforming to the regulations of the district in which it is situated.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of a truck.
LOT. A platted parcel of land which is or may be occupied by a building and its accessory buildings.
LOT, AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot on which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees. A CORNER LOT shall be deemed to have two front lot lines and two side lot lines.
LOT, DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT, DOUBLE-FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.
LOT, FRONTAGE. The dimension of a lot or portion of a lot abutting on a street.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. In the case of an interior lot, the line separating the lot from the street. In the case of a corner or double-frontage lot, the line separating the lot from that street which is designated as the front street in the request for building permit.
LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot.
LOT LINES. The lines bounding a lot as defined herein.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
MANUFACTURED HOME.
(a) A portable dwelling unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, and designed to be connected to utilities for year-round occupancy.
(b) The term shall include:
(1) Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(2) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
(c) The term shall include units designed to be used for residential, commercial, educational, or industrial purposes, excluding, however, recreational vehicles, and travel trailers.
MANUFACTURED HOME PARK. Any area, tract, or site or plot of land not less than ten acres whereupon “manufactured homes” as herein defined are placed, located, or maintained, or intended to be placed, located, or maintained, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.
MANUFACTURED HOME SPACE. A defined plot of ground or lot within a manufactured home park which is designed for and designated as the location for two automobiles and one manufactured home, and not used for any other purposes whatsoever other than customary accessory uses.
MEDICAL FACILITIES. This term includes:
(a) CONVALESCENT, REST, OR NURSING HOME. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation;
(b) DENTAL CLINIC or MEDICAL CLINIC. A facility for the examination and treatment of ill and afflicted human outpatients, provided, however, that patients are not kept overnight except under emergency conditions;
(c) DENTAL OFFICE or DOCTORS’ OFFICES. The same thing as dental or medical clinic;
(d) FUNERAL HOME. An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of bodies, and for funerals;
(e) HOSPITAL. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities;
(f) PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for the provision of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith; and
(g) SANATORIUMS. An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
MICRO CELL CELLULAR COMMUNICATIONS FACILITIES. Cellular communications facilities providing communications coverage to a geographically limited and specifically defined area (e.g., a topographically constrained area due to natural or urban built environment). Such facilities are integrated with standard cellular technology (i.e., a macro cell) to provide wireless communication services to the public. The installation of such FACILITIES shall be allowed on the top of existing buildings as a permitted use in certain zoning districts if all of the following criteria are met (otherwise a use on review permit shall be required):
(a) No new antenna tower is erected (and the micro cell facility is located on buildings in compliance with this definition);
(b) No antenna shall be located within 30 inches of any space occupied by or available to the public;
(c) No antenna shall exceed six square feet in area;
(d) The equipment shelter associated with a micro cell site may not exceed 100 square feet in floor area;
(e) The antenna may be mounted on a roof only if the height of the antenna at the highest point does not exceed the horizontal distance from the antenna to the nearest edge of the rooftop;
(f) Facade mounted antenna may not exceed five feet above the facade to which it is attached with a maximum projection of 18 inches;
(g) Facade mounted antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible;
(h) Any micro cell facilities and related structures shall be situated in such a way that no interference with firefighting apparatus or emergency access or exits shall result;
(i) No more than two micro cell antennas and related accessory structures shall be located on any single building rooftop; and
(j) All necessary plans, specifications, and structural calculations shall be submitted to the Building Official and if necessary, a building permit application shall be approved prior to the construction of the micro cell facility.
MINIMUM FLOOR ELEVATION. The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.
MISSIONS. An activity providing personal assistance on a nonprofit basis to individuals of an indigent status. Such assistance must include food and/or shelter and may, in addition, include religious instruction, counseling, and other incidental services customarily provided by MISSIONS.
MODULAR HOME. This consists of finished units composed of two or more components designed to be joined into one integral unit not capable of being separated into its components for moving and towing; designed to be placed on a permanent foundation with or without a basement. To be classed as a MODULAR HOME, the completed unit must meet with the specifications of the following:
(a) Building Code, as adopted;
(b) Electric Code, as adopted;
(c) Plumbing Code, as adopted;
(d) Mechanical Code, as adopted.
NONCONFORMING USE. A structure or use of land existing at the time of enactment of the ordinance codified herein which does not conform to the regulations of the district in which it is located.
NOXIOUS MATTER. Material (in gaseous, liquid, solid, particulate, or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic, or psychological well-being of individuals.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, increase, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
ON-SALE LIQUOR ESTABLISHMENT. Any use which has been licensed to sell malt beverages, wine, or other alcoholic beverages for consumption upon the premises where sold, except for temporary on-sale license for convention hall and a special malt beverage retailers license.
OPEN SPACE. The total area of all land on a lot not covered by structures or parking lots.
PARKING LOT. An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.
PARKING SPACE/OFF-STREET. A hard surfaced parking area of not less than 171 square feet per parking space located behind the curb line of a public street, within a garage or carport, or outside the maintained driving surface of a public street.
PENTHOUSE. An enclosed structure other than a roof structure, located on a roof, extending not more than 12 feet above the roof.
PET STORE. A retail facility providing for the sale of animals and accessory products. A PET STORE does not include the boarding or breeding of animals for compensation.
PLANNED DEVELOPMENT. A procedure set forth in this chapter which allows for some deviation from the conventional zoning and subdivision ordinances. Each PLANNED DEVELOPMENT shall have a set of development standards and all approved PLANNED DEVELOPMENTS shall be in keeping with the city’s Comprehensive Plan. PLANNED DEVELOPMENTS are regulated by §§ 155.155 through 155.162.
PLANNING AND ZONING BOARD. The Planning Commission for the city which is delegated authority by SDCL Ch. 11-6 and the Board of Commissioners to review proposals for land use and building projects, zoning allocations, and revisions and make recommendations to the Board of Commissioners for approval/disapproval or adoption, respectively.
PLAT. A map, plan, or layout indicating the location and boundaries of individual properties drawn in compliance to state’s requirements.
PORTABLE ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building or buildings located on the same lot therewith and which can be moved on skids or by some other means. The building must be 120 square feet or less and have no footing or foundation to be considered a PORTABLE ACCESSORY BUILDING.
PRINCIPAL USE. The specific primary purposes for which the land or buildings are used. In any commercial or industrial district, more than one PRINCIPAL USE of an industrial or commercial nature may be permitted on a single lot provided setback, yard, and lot coverage requirements are met. In any residential district, any single-family, two-family, or multiple dwelling shall be deemed to be the sole PRINCIPAL USE on the lot on which it is situated.
PUBLIC USES. Public parks, schools, and administrative, cultural, and service buildings not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under state or municipal regulations, to the public, electricity, gas, steam, communication, telegraph, transportation, or water.
QUARRY. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or top soil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
REACH. A hydraulic engineering term to describe a segment of a stream or river that generally contains a specified feature that is either uniform throughout or requires special attention or study. A REACH will generally include the segment of the floodway area where flood heights are influenced by a human-made or natural obstruction (e.g., a segment of a stream or river between consecutive bridge crossings). A “significant reach” may include more than one normal REACH based upon the extent of the proposed change.
RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses, and other private noncommercial recreation areas and facilities, or recreation centers including private swimming pools.
RECYCLABLES, HOUSEHOLD. Waste material from normal household operations accepted at recycling centers including, but not limited to, glass, plastic, aluminum, tin, newspaper, cardboard, lawn clippings, leaves, and tree branches.
REGULATORY FLOOD. A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.
REGULATORY FLOOD PROTECTION ELEVATION. The elevation to which uses regulated by this title are required to be elevated or flood-proofed.
REQUIRED SETBACK. A distance necessary to obtain the minimum front, side, and rear yards required in this chapter.
ROOMING HOUSE. Other than a boarding house, where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a “hotel” under the terms of this chapter.
SANATORIUM. See MEDICAL FACILITY.
SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the Department of Environment and Natural Resources.
SCHOOL, PRIVATE. An institution of learning that is not tax supported, including colleges and universities.
SCHOOL, PUBLIC. A tax-supported institution of learning, including colleges and universities.
SELF-SERVICE LAUNDRY. A laundry providing home-type washing, drying, and ironing machines for hire to be used primarily by the customers on the premises.
SIGN. See §§ 155.270 through 155.280.
SOD FARMS. An establishment engaged in the growing of turf grass for ultimate harvesting and sale.
SORORITY. See FRATERNITY.
STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it (per Building Code as adopted).
STORY, HALF. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above such story (per Building Code as adopted).
STREAM. An area subject to constant, periodic, or occasional inundation.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the STREET GRADE.
STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.
STREET LINE. The legal line between street right-of-way and abutting property.
STRUCTURE. A combination of materials to form a construction that is safe and stable and includes, but is not limited to, the following: stadiums, platforms, radio and television antenna towers, permanent satellite dish antennas, and the appurtenant mounting apparatus, sheds, storage bins, fences, and display signs.
TAX INCREMENTAL FINANCIAL DISTRICT. As defined by state law.
TEMPORARY TRAILER PARKS OR CAMPGROUNDS. A tract of land within any non- residential or general agricultural district whereupon travel or camping trailer, as defined under “trailer, travel or camping,” or any tent, a temporary use permit may be issued for a period not to exceed 30 days.
THEATER, MOVING PICTURE. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
TOURIST CABIN. See HOTEL/MOTEL.
TOURIST COURT. See HOTEL/MOTEL.
TOURIST HOME. A dwelling in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.
TRAILER. See MANUFACTURED HOME.
TRAILER COURT. See MANUFACTURED HOME COURT.
TRAILER, HAULING. A vehicle which is designed for hauling animals, produce, goods, or commodities, including boats, said vehicle to be pulled behind an automobile or truck.
TRAILER, TRAVEL OR CAMPING. A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.
USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.
UTILITIES. Municipal and franchised utilities.
UTILITY FACILITY, NEIGHBORHOOD. 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 necessary for conducting a service by a government or a public utility excluding yards and outdoor facilities that do not exceed 150 square feet of area.
UTILITY FACILITIES, PUBLIC. See UTILITY FACILITIES, NEIGHBORHOOD. The definition is the same as the neighborhood except that yards and outdoor facilities that exceed 150 square feet of area are allowable.
VARIANCE. An officially approved exception to the strict interpretation of this chapter’s requirements and regulations as set forth. An approved VARIANCE is a vested property right that runs with the land.
VEHICLE, INOPERABLE. A vehicle which has one or more major components missing or severely damaged for a period of 24 hours or more. Major components include: wheels, windshields, engine, transmission, and major body parts, such as the doors, hood, trunk, roof, and quarter panels.
WALKWAY. A hard surface path or area for pedestrians to include sidewalks with a minimum width of 48 inches.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
WIND ENERGY CONVERSION SYSTEM (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnections, battery banks, and the like in such a configuration as necessary to convert the power of wind into mechanical or electrical energy. WECS are also known as wind chargers, windmills, or wind turbines.
YARD. An open space between a building and the lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter, that building or structure may be located in a portion of a YARD required for a main building. In measuring a YARD for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
YARD, REAR. An open (other than for permitted accessory structures) space on the same lot with the principal building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
(A) For the purpose of promoting the public health, safety, morals, convenience, and the general welfare of the community, the city is divided into districts of seven different types, each type being of such number, shape, kind, and area, and such common unity of purpose, and adaptability of use that are deemed most suitable to carry out the purpose of this chapter.
(B) The types of districts are as follows. The city is hereby divided into districts of seven different types, each being of such number, shape, kind, and area, and being of such common unity of purpose and adaptability of use as are deemed most suitable to carry out the purpose of this chapter:
The location and boundaries of the zoning districts established by this chapter are illustrated by the map entitled “the Zoning Map of Summerset, South Dakota,” adopted, and from time to time amended together with this chapter. The zoning map is hereby incorporated into this chapter as is fully set forth, and from time to time amended as necessary and described herein. The zoning map and description of the area shall be kept, maintained, and displayed at an appropriate location in City Hall.
(Ord. passed 2-3-2011, § 2.06.020)
§ 155.022 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the zoning map, the following rules shall apply.
(A) Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the centerlines of such streets, highways, or alleys.
(B) For boundaries shown as following or approximately following platted lot lines or other property lines, such lines shall be construed to be the boundary lines.
(C) Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
(D) Boundaries shown as following or approximately following the centerline of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerline of such watercourses and the boundaries shall be deemed to be at the limit of the jurisdiction of the city unless otherwise indicated.
(E) Boundaries shown as following or closely following the limits of the city shall be construed as following such limits.
(F) Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two districts; the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the Board of Commissioners.
(G) Whenever any street, alley, or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.
(Ord. passed 2-3-2011, § 2.06.030)
§ 155.023 SCOPE OF REGULATIONS.
The regulations applying to each district include specific limitation on the use of land and structure, height, and bulk of structures, density of population, lot area, yard dimension, and area of lot that can be covered by structures.
(Ord. passed 2-3-2011, § 2.06.040)
§ 155.024 SIGNS.
Any sign posting requirement in this chapter or state law in connection with providing notice concerning either the establishment of a zoning district, or the rezoning of an existing district, shall be satisfied for notice purposes provided the sign posted is no smaller than 18 inches by 18 inches.
(Ord. 2.01C, passed 6-4-2015)
AG AGRICULTURAL DISTRICT
§ 155.035 GENERAL DESCRIPTION.
This district is intended to provide for land situated on the fringe of the urban area that is used for agricultural purposes, but will be undergoing urbanization in the future. Most of these areas will be in close proximity to residential and commercial uses and therefore the agricultural activities conducted in this district should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, area, and intensity of use of land which is authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.
(Ord. passed 2-3-2011, § 2.08.010)
§ 155.036 USES PERMITTED.
Property and structures in the AG Agricultural District shall be used only for the following purposes:
(A) Agricultural uses such as general farming, pasture, grazing, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting including roadside stands exclusively for the sale of produce, but excluding commercial feed lots;
(B) Detached single-family dwellings;
(C) Transportation and utility easements, alleys, and rights-of-way;
(D) Signs;
(E) Accessory buildings and uses customarily incidental to the above uses when located on the same lot;
(F) Veterinary clinics, subject to the following requirements:
(1) Confinement pens for large animals and outdoor runs for small animals shall maintain a minimum setback of 80 inches from all property lines;
(2) The clinic facility shall be constructed and operated in such a manner as to minimize the transmission of sound to neighboring properties; and
(3) Fenced outdoor runs and exercise areas shall be used only during normal business hours and shall be screened to a height of eight feet.
(G) Home occupations; and
(H) Home day care.
(Ord. passed 2-3-2011, § 2.08.020)
§ 155.037 CONDITIONAL USES.
After the provisions of §§ 155.335 through 155.341 relating to conditional uses have been fulfilled, the Planning and Zoning Board may permit as permitted conditional uses:
(A) Wind energy conversion systems as regulated in §§ 155.215 through 155.229;
(B) Elementary, middle, or high school, subject to one of the principal frontages of the premises shall abut upon an arterial or collector street;
(C) Radio, television, and cellular communication tower, subject to a minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line;
(D) Cemetery;
(E) Kennel;
(F) Stable, public;
(G) Family day care or a day care center; and,
(H) Public parks and/or playgrounds.
(Ord. passed 2-3-2011, § 2.08.030)
§ 155.038 AREA REGULATIONS.
All setbacks shall be measured from the owner’s property lines as follows:
(A) Front setback. All structures: 25 feet;
(B) Side setback.
(1) Primary uses: eight feet;
(2) Corner lots: two front setbacks and two side setbacks;
(3) Unattached buildings of accessory use located on interior lots: five feet; and
(4) Portable accessory building: two feet.
(C) Rear setback.
(1) Primary uses: 25 feet;
(2) Unattached buildings of accessory use: five feet; and
(3) Portable accessory building: two feet.
(D) Lot width. Minimum 75 feet at the front building line;
(E) Minimum lot size. Twenty acres; and
(F) Maximum lot coverage. Ten percent.
(Ord. passed 2-3-2011, § 2.08.040)
§ 155.039 HEIGHT REGULATIONS.
Structures shall not exceed two and one-half stories or 35 feet.
(Ord. passed 2-3-2011, § 2.08.050)
§ 155.040 OTHER REGULATIONS.
Development within the Agricultural District (AG) shall be regulated in conformance with the provisions of §§ 155.175 through 155.183, 155.255 through 155.257, 155.270 through 155.280, and 155.295 through 155.304.
(Ord. passed 2-3-2011, § 2.08.060)
R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
§ 155.055 GENERAL DESCRIPTION.
This district is intended to be used for single-family residential development with low population densities and such supportive community facilities as parks, playgrounds, schools, libraries, and churches normally required to provide the basic elements of a balanced and attractive residential area. It is intended that this district provide protection for those areas existing as, or planned for, single-family neighborhoods.
(Ord. passed 2-3-2011, § 2.10.010)
§ 155.056 USES PERMITTED.
Property and buildings in an R-1 District shall be used only for the following purposes:
(A) Detached single-family dwellings;
(B) Utility facility, neighborhood, transportation, and utility easements, alleys, and rights-of-way;
(C) Accessory buildings and uses customarily incidental to the above uses when located on the same lot;
(D) Signs;
(E) Home day care; and
(F) Home occupation.
(Ord. passed 2-3-2011, § 2.10.020)
§ 155.057 CONDITIONAL USES.
After the provisions of §§ 155.335 through 155.341 relating to conditional uses have been fulfilled, the Planning and Zoning Board may permit as permitted conditional uses:
(A) Assisted living center which contains not more than 12 units;
(B) Bed and breakfast facility;
(C) Boarding houses and rooming houses;
(D) Cemeteries;
(E) Places of worship;
(F) Colleges and universities;
(G) Convalescent, nursing, and rest homes;
(H) Day care, family;
(I) Group home;
(J) Golf courses and country clubs;
(K) Governmental services;
(L) Public recreational and park facilities;
(M) Radio, television, and telecommunication or wireless communication towers;
(N) Utility facility, public;
(O) Elementary, middle, and high schools, public or private; and
(P) Other uses may be allowed, provided they are not found to be contrary to intended uses of the district.
(Ord. passed 2-3-2011, § 2.10.030)
§ 155.058 AREA REGULATIONS.
All setbacks shall be measured from the owner’s property line as follows:
(A) Front setback. All structures: 25 feet;
(B) Side setback.
(1) All structures: eight feet; and
(2) Exception for portable accessory buildings: two feet.
(C) Rear setback.
(1) Primary uses: 25 feet;
(2) (a) Unattached buildings of accessory use: eight feet; and
(b) Exception for portable accessory buildings: two feet.
(D) Lot width. There shall be a minimum lot width of 75 feet at the front building line;
(E) Minimum lot size. Eight thousand and five hundred square feet; for any non-residential use and their accessory buildings, 30,000 square feet; and
Principal structures shall not exceed two and one-half stories or 35 feet. Accessory structures shall not exceed 15 feet.
(Ord. passed 2-3-2011, § 2.10.050)
§ 155.060 OTHER REGULATIONS.
Development within the Single-Family Residential District (R-1) shall be regulated in conformance with the provisions of §§ 155.175 through 155.183, 155.255 through 155.257, 155.270 through 155.280, and 155.295 through 155.304.
(Ord. passed 2-3-2011, § 2.10.060)
R-2 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT
§ 155.075 GENERAL DESCRIPTION.
This is a residential district to provide for medium population density. The principal uses of land is for single-family and two-family residential uses and such supportive community facilities as parks, playgrounds, schools, libraries, and churches normally required to provide the basic elements of a balanced and attractive residential area. It is intended that this district provide protection for those areas existing as, or planned for, single-family neighborhoods.
(Ord. passed 2-3-2011, § 2.12.010)
§ 155.076 USES PERMITTED.
Property and buildings in an R-2 Residential District shall be used only for the following purposes:
(A) Any use permitted in an R-1 Single-Family Residential District;
(B) Two-family dwelling; and
(C) Townhouses.
(Ord. passed 2-3-2011, § 2.12.020)
§ 155.077 CONDITIONAL USES.
After the provisions of §§ 155.335 through 155.341 relating to conditional uses have been fulfilled, the Planning and Zoning Board may permit as permitted conditional uses any conditional uses in and subject to all the same requirements as in an R-1 district.
(Ord. passed 2-3-2011, § 2.12.030)
§ 155.078 AREA REGULATIONS.
All setbacks shall be measured from the owner’s property line as follows:
(A) Front setback. All structures: 25 feet;
(B) Side setback.
(1) All structures: eight feet;
(2) Unattached buildings of accessory use: eight feet; and
(3) Portable accessory building: two feet.
(C) Rear setback.
(1) Primary uses: 25 feet;
(2) Unattached buildings of accessory use: eight feet; and
(3) Portable accessory building: two feet.
(D) Lot width. There shall be a minimum lot width of 65 feet at the front building line, except for townhouses which shall a minimum of 35 feet at the front building line.
(E) Minimum lot size.
(1) For each single-family dwelling, served by a sanitary sewer system, there shall be a lot area of not less than 7,000 square feet;
(2) For each two-family dwelling, there shall be a lot area of not less than 9,500 square feet;
(3) For townhouse and assisted living structures, there shall be a lot area of not less than 4,500 square feet plus an additional 2,500 square feet for each townhouse unit which shall not exceed two units or assisted living unit; and
(4) For places of worship and other main and accessory buildings and their accessory buildings, 30,000 square feet.
Dwellings shall not exceed two and one-half stories or 35 feet. Accessory structures shall not exceed 15 feet.
(Ord. passed 2-3-2011, § 2.12.050)
§ 155.080 OTHER REGULATIONS.
Development within the One- and Two-Family Residential District (R-2) shall be regulated in conformance with the provisions of §§ 155.175 through 155.183, 155.255 through 155.257, 155.270 through 155.280, and 155.295 through 155.304.
(Ord. passed 2-3-2011, § 2.12.060)
R-3 MULTI-FAMILY RESIDENTIAL DISTRICT
§ 155.095 GENERAL DESCRIPTION.
This residential district is intended to promote and encourage the establishment and maintenance of a suitable environment for urban residence in areas appropriate by location and character for occupancy by high-density, multiple-family dwellings. One of the important purposes of this district is to create adequate standards of residential development in order to prevent overcrowded and unhealthy housing conditions.
(Ord. passed 2-3-2011, § 2.14.010)
§ 155.096 USES PERMITTED.
Property and buildings in an R-3 Multi-Family Residential District shall be used only for the following purposes:
(A) Any use permitted and as regulated in R-1 and R-2 Districts; and
(B) Multi-family dwelling units.
(Ord. passed 2-3-2011, § 2.14.020)
§ 155.097 CONDITIONAL USES.
After the provisions of §§ 155.335 through 155.341 relating to conditional uses have been fulfilled, the Planning and Zoning Board may permit as permitted conditional uses:
(A) Any conditional uses in and subject to all the same requirements as in any R-1 and R-2 districts; and
(B) Manufactured home parks.
(Ord. passed 2-3-2011, § 2.14.030)
§ 155.098 AREA REGULATIONS.
All setbacks shall be measured from the owner’s property lines as follows:
(A) Front setback.
(1) Twenty-five feet for single-family, two-family, and multi-family dwellings not exceeding two and one-half stories;
(2) Thirty-five feet for multiple-family dwellings more than two and one-half stories;
(3) Unattached buildings of accessory use: 25 feet; and
(4) Places of worship and their accessory buildings: 35 feet.
(B) Side setback.
(1) Single- and two-family residential dwellings: eight feet;
(2) Multi-family dwellings: 12 feet;
(3) For each additional story above two stories: one foot additional side setback;
(4) Unattached buildings of accessory use: eight feet; and
(5) Places of worship and their accessory buildings: 35 feet.
(C) Rear setback.
(1) Primary uses of two stories in height and less: 25 feet; and
(2) For all primary uses of three stories and more in height: 30 feet.
(D) Lot width.
(1) There shall be a minimum lot width of 65 feet at the front building line, except for townhouses and multi-family dwellings; and
(2) There shall be a minimum lot width of 75 feet at the front building line for all other dwellings except townhouses.
(E) Minimum lot size.
(1) For each single-family dwelling, there shall be a lot area of not less than 7,000 square feet;
(2) For each two-family dwelling, there shall be a lot area of not less than 9,500 square feet;
(3) For multi-family structures, townhouses, and assisted living structures, there shall be a lot area of not less than 4,500 square feet plus an additional 2,500 square feet for each dwelling unit or assisted living unit; and
(4) For places of worship and other main and accessory buildings their accessory buildings: 30,000 square feet.
(F) Maximum lot coverage. Thirty percent.
(Ord. passed 2-3-2011, § 2.14.040)
§ 155.099 HEIGHT REGULATIONS.
There shall be a maximum of five stories or 60 feet, and a maximum 15 feet for unattached accessory buildings.
(Ord. passed 2-3-2011, § 2.14.050)
§ 155.100 OTHER REGULATIONS.
Development within the Multi-Family Residential District (R-3) shall be regulated in conformance with the provisions of §§ 155.175 through 155.183, 155.255 through 155.257, 155.270 through 155.280, and 155.295 through 155.304.
(Ord. passed 2-3-2011, § 2.14.060)
§ 155.101 USEABLE OPEN SPACE.
For all multi-family uses of land, useable open space shall be provided as follows.
Dwelling Height Open Space per Dwelling Unit
Two-story
400 square feet
Three- to five-story
300 square feet
(Ord. passed 2-3-2011, § 2.14.070)
§ 155.102 REQUIRED PLAY AREA.
(A) For all multi-family uses of land, a designated and defined play area for children shall be provided, based on the formula of 50 square feet per dwelling unit.
(B) Square footage of the play area shall be computed as part of usable open space.
(C) The requirements of this section shall not apply to multi-family developments exclusively restricted to the elderly.
(Ord. passed 2-3-2011, § 2.14.080)
C-1 GENERAL COMMERCIAL DISTRICT
§ 155.115 GENERAL DESCRIPTION.
This Commercial District is for personal and business services and the city’s general retail business.
(Ord. passed 2-3-2011, § 2.18.010)
§ 155.116 USES PERMITTED.
The following uses shall be permitted in the C-1 General Commercial District:
(A) Retail establishments, including incidental manufacturing of goods for sale at wholesale or retail on the premises, provided there are three or less employees engaged in the manufacture of the product;
(B) Eating and drinking establishments;
(C) Service and repair establishments;
(D) Personal service establishments;
(E) Hotel, motel, rooming and boarding house, bed and breakfast;
(F) Entertainment services;
(G) Parking lots and garages;
(H) Offices;
(I) Financial institutions;
(J) Private clubs and lodges;
(K) Newspaper and printing firms;
(L) Residential uses subject to the requirements and regulations of §§ 155.055 through 155.060, 155.075 through 155.080, and 155.095 through 155.102;
(M) Places of worship;
(N) Signs;
(O) Libraries, museums, art galleries, planetarium, aquariums, historic and monument sites;
(P) Governmental services;
(Q) Gasoline, diesel, propane, and CNG service stations;
(R) Building material sales;
(S) Garden centers, greenhouses, and nurseries;
(T) New and used vehicle sales;
(U) Farm implement and machinery, new and used sales;
(V) Truck and trailer rental and sales;
(W) Monument sales;
(X) Sales of prefabricated houses;
(Y) Auction houses;
(Z) Manufactured home sales and services;
(AA) Taxidermists;
(BB) Open storage uses which shall comply with the following requirements:
(1) All open storage and display of merchandise, material, and equipment shall be screened by a solid fence seven feet high at the side and rear of the lot which abuts any residential district;
(2) Driveways used for ingress and egress shall not exceed 40 feet in width, exclusive of curb returns; and
(3) Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets.
(CC) Small animal veterinary clinics, subject to the following requirements:
(1) Outdoor runs shall maintain a minimum setback of 40 feet from all property lines, and 100 feet from residential uses;
(2) The clinic facility shall be constructed and operated in such a manner as to minimize the transmission of sound to neighboring properties; and
(3) Fenced outdoor runs and exercise areas shall be used only during normal business hours, and shall be screened to a height of eight feet.
(DD) Inpatient and outpatient health care facilities and clinics;
(EE) Long-term care, congregate and assisted living facilities;
(FF) Educational facilities and institutions;
(GG) Light manufacturing and office park uses;
(HH) Public and private recreation facilities and their ancillary services;
(II) Public and private transportation, neighborhood utility facility, and public safety facilities;
(JJ) Agricultural uses; and
(KK) Parking lots and garages.
(Ord. passed 2-3-2011, § 2.18.020)
§ 155.117 CONDITIONAL USES.
After the provisions of §§ 155.240 through 155.242 relating to conditional uses have been fulfilled, the Planning and Zoning Board may permit as permitted conditional uses:
(A) Video lottery;
(B) Radio, television, and telecommunication or wireless communication towers;
(C) Day care center;
(D) Utility facility, public; and
(E) Other uses may be allowed, provided they are not found to be contrary to intended uses of the district.
All setbacks shall be measured from the owner’s property lines as follows:
(A) Front setback. None;
(B) Side setback. None;
(C) Rear setback. None;
(D) Lot width. No minimum requirement;
(E) Minimum lot size. No minimum requirement; and
(F) Lot coverage. No maximum percentage of lot coverage except that, for buildings serviced from the rear, space shall be provided either inside or outside the building for loading or unloading goods and materials. Such space shall have access to a street or other public way.
(Ord. passed 2-3-2011, § 2.18.040)
§ 155.119 HEIGHT REGULATIONS.
There shall be a maximum of five stories or 60 feet.
(Ord. passed 2-3-2011, § 2.18.050)
§ 155.120 OTHER REGULATIONS.
Development within the General Commercial District (C-1) shall be regulated in conformance with the provisions of §§ 155.175 through 155.183, 155.255 through 155.257, 155.270 through 155.280, and 155.295 through 155.304.
(Ord. passed 2-3-2011, § 2.18.060)
GI GENERAL INDUSTRIAL DISTRICT
§ 155.135 GENERAL DESCRIPTION.
The General Industrial District (GI) is established to provide areas in which the principal use of land is for light manufacturing and assembly plants, processing, storage, warehousing, wholesaling, and distribution in which operations are conducted so that noise, odor, dust, and glare are completely confined within an enclosed building.
(Ord. passed 2-3-2011, § 2.22.010)
§ 155.136 USES PERMITTED.
The following uses shall be permitted in the GI General Industrial District:
(A) Wholesale distributing companies, all commodities except live animals, explosives, and junk;
(B) Assembling and packaging, freight handling, light manufacturing, storage and warehousing, and similar operations;
(C) Factory outlet stores for the retail sale and showrooms for the display of goods manufactured on-site;
(D) Service and research and development establishments;
(E) Contractor’s shop/storage yard;
(F) Mini storage facility;
(G) Utility facility, public, and neighborhood;
(H) Signs;
(I) Motor vehicle repair, provided that all body and/or mechanical repair work shall be completed within the building area. All inoperable vehicles shall be stored within a building or within a side or rear yard which is screened with an opaque fence at least six feet in height;
(J) Carwashes;
(K) Bus garaging and equipment maintenance;
(L) Veterinary establishments and kennels;
(M) Farm and contractor implement sales, display, and service;
(N) Farm store or feed store;
(O) Manufactured home sales and services; and
(P) Accessory uses and buildings. Any accessory building shall be located on the same lot with the principal building.
(Ord. passed 2-3-2011, § 2.22.020)
§ 155.137 CONDITIONAL USES.
After the provisions of §§ 155.335 through 155.341 relating to conditional uses have been fulfilled, the Planning and Zoning Board may permit as permitted conditional uses:
(A) Stockyards/slaughtering of animals;
(B) Processing of minerals, rendering, or refining any organic or inorganic material, explosive manufacture storage, grain and forage processing and handling, alcohol or ethanol plant, or similar products or processes;
(C) Ready-mix concrete plant;
(D) Asphalt concrete plant;
(E) Solid waste transfer facility;
(F) Recycling processing facility;
(G) Junkyard or salvage yard;
(H) Landfill; and
(I) Other uses may be allowed, provided they are not found to be contrary to intended uses of the district.
All setbacks shall be measured from the owner’s property lines as follows:
(A) Front setback. Twenty five feet. Buildings with sidewalls over 20 feet shall have a 40-foot front setback;
(B) Side setback. Twenty five feet;
(C) Rear setback. Twenty five feet;
(D) Minimum lot width. One hundred feet, except in cul-de-sac areas;
(E) Minimum lot size. Fifteen thousand square feet; and
(F) Maximum lot coverage. Seventy five percent.
(Ord. passed 2-3-2011, § 2.22.040)
§ 155.139 HEIGHT REGULATIONS.
There shall be a maximum of five stories or 60 feet.
(Ord. passed 2-3-2011, § 2.22.050)
§ 155.140 PARKING AND LOADING REQUIREMENTS.
(A) No loading dock shall be constructed facing any public street unless it is constructed a minimum of 80 feet from the property line.
(B) All loading, unloading, and maneuvering operations shall be off-street. No loading or unloading shall be permitted which will interfere with ingress or egress thereto. Driveways and access roads to loading or unloading facilities shall be paved at least as far as the defined setback area.
(C) Paved surface areas are required. All parking areas and loading and unloading areas shall be hard-surfaced.
(D) All provisions of §§ 155.255 through 155.257 shall be met.
(Ord. passed 2-3-2011, § 2.22.060)
§ 155.141 SCREENING.
(A) All provisions of §§ 155.295 through 155.304 shall be met.
(B) There shall be no open storage of material, equipment, or products unless behind an opaque screen which is not less than the height necessary to completely screen the use. All fencing or screening shall be aesthetically compatible with the building design and shall be of an all-wood material, or vinyl, or masonry, or concrete in the case of walls, or all-metal construction for security fences. No security fence or screen shall be permitted to extend closer to the street than the building setback line. All fences and screening shall be maintained in good condition and, in the case of walls, shall be properly painted. Short-term storage of 48 hours or less shall be allowed in any areas adjacent to buildings. If scrap storage is necessary, the same shall be on a concrete pad and completely screened from view. No storage shall be permitted, even if conforming with the requirements of this division (B), if the same shall create a health hazard for occupants of adjacent properties or to the public.
(Ord. passed 2-3-2011, § 2.22.070)
§ 155.142 OTHER REGULATIONS.
Development within the General Industrial District (GI) shall be regulated in conformance with the provisions of §§ 155.175 through 155.183, 155.255 through 155.257, 155.270 through 155.280, and 155.295 through 155.304.
(Ord. passed 2-3-2011, § 2.22.080)
PLANNED DEVELOPMENT DISTRICT
§ 155.155 GENERAL DESCRIPTION.
(A) The purpose of the Planned Development District (PD) is to allow development of undeveloped parcels of land that, by virtue of their visually and/or environmentally unique location, lend themselves to a blend of diverse yet compatible uses, innovative layouts, or sensitive designs.
(B) Development of such parcels shall be accomplished while meeting public requirements, including preservation, promotion, and protection of open space, scenic vistas, and natural resources, by the application of extra administrative controls.
(C) All final plans in the Planned Development District shall be recommended by the Planning and Zoning Board and approved by the Board of Commissioners under the procedure set forth in § 155.159. Final approval by the Board of Commissioners is deemed to be an administrative act not subject to referendum.
(Ord. passed 2-3-2011, § 2.24.010)
§ 155.156 USES PERMITTED.
Unless expressly prohibited in § 155.157, the following uses are permitted:
(A) Any permitted and conditional use in the AG-Agricultural District;
(B) Any permitted and conditional use in the R-1 Single-Family Residential, R-2 One- and Two- Family Residential, and R-3 Multi-Family Residential Districts; and
(C) Any permitted and conditional use in the C-1 General Commercial District.
(Ord. passed 2-3-2011, § 2.24.020)
§ 155.157 USED PROHIBITED.
The following uses are prohibited:
(A) New and used vehicle or machinery sales and service;
(G) Off-premises signs unless already located on the property.
(Ord. passed 2-3-2011, § 2.24.030)
§ 155.158 MINIMUM REQUIREMENTS FOR IMPROVEMENTS AND DESIGN.
(A) General. Minimum requirements for improvements and design are not subject to modification by the procedure outlined in § 155.159. Projects that exceed the minimum requirements are encouraged.
(B) Area regulations.
(1) Front, side, and rear setbacks and lot width and size are governed by the minimum requirements for parking and open space as described per divisions (C) and (F) below.
(2) Height restrictions are as follows:
(a) Commercial uses: five stories or 60 feet;
(b) Residential uses: five stories or 60 feet; and
(c) All other uses: five stories or 60 feet.
(C) Parking. For individual uses or approved as a comprehensive parking plan for integrated uses or for the overall development.
(D) Lighting. All lighting shall be fully shielded, 85% full cut-off fixtures.
(E) Signs. As regulated for individual uses, or approved as a comprehensive signage plan for the overall development when evaluated as a whole, all illuminated signage shall be down-lighted or back-lighted;
(F) Open space.
(1) Common open space. A minimum total area of 10% of the land included in the application shall be comprised of common open space, which shall be used for amenity or active or passive recreational use. Open space containing natural features may be left unimproved. Designated amenities including parks, playgrounds, and the like shall be installed immediately or bonded.
(2) Individual lot open space. Commercial: 20%; all other uses: 30%.
(G) Landscaping.
(1) Each application shall include a comprehensive landscaping plan showing the location and species of all plant materials and an irrigation plan, meeting the minimum requirements of the §§ 155.295 through 155.304.
(2) Additional requirements in the form of berms, open yard buffer areas, landscape islands, and live and/or constructed screening are encouraged and may be imposed as conditions of landscape plan approval.
(H) Transportation system. Each application shall include a transportation plan showing points of ingress and egress, circulation pattern, and integration with the system to which it relates.
(1) All streets, sidewalks, pedestrian ways, and rights-of-way to be dedicated to the city shall conform to the minimum requirements of the regulations of the city’s ordinances, as adopted and in effect when the plan is approved.
(2) All streets, sidewalks, pedestrian ways, and rights-of-way to remain private shall be subject to approval as part of the overall development plan.
(Ord. passed 2-3-2011, § 2.24.040)
§ 155.159 PROCEDURE.
(A) Initial development plan. When a petitioner wants to request rezoning to the Planned Development District, he or she shall submit his or her request to the Planning Department, showing the information specified in § 155.160, a minimum of 20 days prior to the Planning Commission meeting at which consideration is desired. After the planned development request has been reviewed, the Planning Commission shall make a recommendation to the Board of Commissioners on the requested rezoning. The Board of Commissioners shall then act to approve or deny said request. This request for rezoning is subject to the requirements for amendment of the ordinance specified in § 155.358. No building permit shall be issued within the development until the final development plan is approved and the plat is filed.
(B) Final development plan.
(1) Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in § 155.161 below to the Planning Commission, who shall make a recommendation to the Board of Commissioners on the requested rezoning. The Board of Commissioners shall then act to approve or deny said request. This request for rezoning is subject to the requirements for amendment of § 155.358.
(2) The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.
(3) Signs shall be posted on the property for a continuous period of seven days immediately prior to any public hearing held by the Planning Commission or Board of Commissioners to consider any final development plan. Said signs shall be furnished by the city and posted by the applicant in the numbers and locations prescribed by the Administrator.
(C) Amendments.
(1) Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved with a public hearing in the same manner as provided for in § 155.357.
(2) Minor amendments.
(a) Minor amendments to the initial and/or final development plan shall be required to be approved by the Planning Commission. Notice of such hearing shall be given by the posting of not less than four signs provided by the city.
(b) Minor amendments to the initial development plan may also be made by the submission and approval of a final development plan which is changed from the approved initial development plan. Any such amendments shall be shown as a change from the initial development plan on the final development plan.
(3) Minimal amendments. Minimal amendments to the final development plan shall be submitted to the Administrator on a reproducible development plan showing the requested changes. The Planning Director may then approve such change in writing if she or he deems it appropriate.
(Ord. passed 2-3-2011, § 2.24.050)
§ 155.160 INITIAL DEVELOPMENT PLAN.
Upon application for rezoning to Planned Development District, the petitioner shall present an initial development plan to the Planning Commission for review and to the Board of Commissioners for its approval showing the following information:
(A) Project name and legal description;
(B) A preliminary subdivision plan in compliance with Chapter 151; and
(C) (1) The proposed development scheme showing the following information:
(a) The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed non-residential buildings, and their square footage;
(b) The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such densities undesirable;
(c) The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such setbacks undesirable;
(d) The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such heights undesirable;
(e) Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and
(f) Anticipated subarea development sequence.
(2) In addition, the developer shall provide an eight and one-half by 11-inch scaled rendering on Mylar of the approved initial development plan showing each of the subareas.
(Ord. passed 2-3-2011, § 2.24.060)
§ 155.161 FINAL DEVELOPMENT PLAN.
(A) Prior to construction on any lots in the Planned Development Zoning District, the petitioner shall present a final development plan to the Planning Commission for review, and to the Board of Commissioners for its approval showing the following information:
(B) (1) Final development plan approval shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the Administrator and prior to the final development plan approval expiration date, a time extension for the final development plan approval may be granted.
(2) The final development plan shall show the following information:
(a) The subdivision name, the legal description, and the individual project name (if any);
(b) Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;
(c) A subdivision plat of the subarea or subareas submitted for approval in compliance with Chapter 151; and
(d) A scale drawing showing the following information will be required:
1. Size and location of proposed structures including height and number of units;
2. Calculated floor area for each structure and a generic listing of the uses within said structure;
3. Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container;
4. Any sidewalks, bikeways, or other paths;
5. Any outdoor lighting, type, and location, except for standard street lights provided by the city;
6. Landscaping plans showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms in areas that will be sod or seeded;
7. All existing and proposed utilities, drainage ways, watercourses, and location of above ground existing utilities on adjacent property;
8. Proposed final ground contours;
9. Curb cuts and all private drives;
10. Adjacent, existing, and proposed uses;
11. First floor elevation for any structure located in a flood hazard area;
12. Accurate building elevation of all proposed structures;
13. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities, including private streets;
14. Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve;
15. Proposed parking and loading spaces which shall be in conformance with §§ 155.255 through 155.257, except where unique physical, environmental, or design characteristics make such requirements undesirable; and
16. Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example, townhouses on block X shall be developed in conformance with the requirements of the R-1 Residential District.
(Ord. passed 2-3-2011, § 2.24.070)
§ 155.162 AMENDMENTS.
(A) Major amendments. The following changes in an initial and/or final development plan are considered major amendments:
(1) Any change in the proposed land uses shall follow a rezoning process; and
(2) An increase in density above that provided for in division (B)(5) below shall follow a rezoning process.
(B) Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:
(1) Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);
(2) Any change in the number or location of curb cuts;
(3) Any decrease in the size of required open areas;
(4) A minor change in the street pattern;
(5) Any increase in density of a subarea:
(a) Less than 25% for a subarea with less than eight units;
(b) Less than 15% for a subarea with between nine and 20 units; and
(c) Less than 8% for a subarea with 21 units or more.
(6) Any change in the number of parking spaces;
(7) Any minor change to on-premises signage; and
(8) Any major change in the street pattern.
(C) Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:
(1) Any adjustment of a building within a previously established building envelope;
(2) A reduction in density and scale;
(3) Any minimal change in the street pattern;
(4) Any minimal change in the parking and loading requirements;
(5) Any minimal change to on-premises signage; and
(6) Any adjustment in the size or shape of the building envelope by reducing the building setback by one foot or less.
(Ord. passed 2-3-2011, § 2.24.080)
ADDITIONAL USE, YARD, AND HEIGHT REQUIREMENTS
§ 155.175 GENERAL PERMITTED USES REGULATIONS.
(A) (1) The uses of land, buildings, and other structures permitted in each of the districts established by this chapter are designated by listing the principal uses permitted. If a use is not specifically listed in the permitted use, said use is not a permitted use allowed in the district.
(2) In addition to such principal uses, there may be uses customarily incidental to any principal use permitted in the district know as accessory uses.
(B) In the commercial and industrial districts, more than one principal use and structure may be allowed on a lot if all of the other regulations and standards of this chapter are met. In any residential district, any single-family attached dwelling, single-family detached dwelling, and two-family dwelling shall be deemed to be the sole principal use on the lot on which it is situated. In a multi-family residential district, more than one multi-family dwelling building may be allowed if all of the other regulations and standards of this title are met and the detailed site plan is approved by the Planning and Zoning Board.
(C) (1) No recorded lot shall be divided unless such division results in the creation of lots, each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this chapter shall be permitted.
(2) There is an exception for changing the direction of interior lot lines on adjoining lots adjacent to the corner of two streets which does not result in a reduction of the square footage of either lot.
(D) Where there are existing recorded lots which do not meet the minimum lot area requirement, single-family dwellings may be constructed as long as a side yard shall be not less than four feet and the sum of the side yards shall be not less than 12 feet and as long as all other requirements, except lot size, are met.
(E) Where a permitted use of land involves no structures, such use, excluding agricultural uses, shall nonetheless comply with all yards and minimum lot area requirements applicable to the district in which located, as well as obtain any other license or permit applicable to that particular use.
(F) A building permit may be issued for a structure having access from an unimproved street, but in no case shall the structure be occupied until the street has been improved and water and sewer has been installed to city standards. Surety for said improvements shall be posted before the issuance of the building permit.
(Ord. passed 2-3-2011, § 2.26.010)
§ 155.176 GENERAL ACCESSORY USE AND STRUCTURE PROVISIONS.
Each permitted accessory use shall:
(A) Be customarily incidental to the principal use established on the same lot;
(B) Be subordinate to and serve the principal use;
(C) Be subordinate in area, extent, and purpose to the principal use; and
(D) Contribute to the comfort, convenience, or necessity of users of such principal use.
(Ord. passed 2-3-2011, § 2.26.020)
§ 155.177 PERMITTED ACCESSORY STRUCTURES.
Accessory uses shall be permitted as specified in § 155.176, and such accessory uses shall be applicable to the principal use and shall include, but not be limited to, the following:
(A) Dwellings.
(1) Private garage or carport used primarily for storage and which shall not be used for commercial purposes. The maximum cumulative allowable size of all garages or carports shall be 1,500 square feet or 30% of the size of the gross floor area of the dwelling unit(s), whichever is greater. In no event shall the size of the building footprint of the garage(s) or carport(s) exceed the footprint of the dwelling unit(s). The garage(s) or carport(s) shall be used only by persons residing on the premises. Any garage not meeting these requirements shall be allowed only as a conditional use pursuant to §§ 155.335 through 155.341;
(2) Children’s playhouse, playground equipment, and recreation equipment used on the lot;
(3) Private greenhouse, vegetable, fruit or flower garden, garden house, pergola, barbecue, or fireplace;
(4) Private tennis court, swimming pool, and bathhouse; and
(5) Shed for the storage. Any storage building larger than 200 square feet shall be considered a private garage.
(B) Church, chapel, temple, or synagogue.
(1) Parish house or residence for the clergy of the congregation; and
(2) Religious education building.
(Ord. passed 2-3-2011, § 2.26.030)
§ 155.178 HOME OCCUPATIONS.
Home occupations are those secondary uses allowed on a premises in conjunction with the following.
(A) The occupation must be conducted entirely within a dwelling unit or within a private garage.
(B) The occupation must be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes.
(C) Only members of the immediate family residing on the premises may be employed by or participate in the home occupation.
(D) The area set aside for a home occupation shall not exceed 20% of the total floor area of the residence, including garages. The permissible floor area includes that space necessary for storage of goods or products associated with the home occupation.
(E) There can be no evidence other than the nameplate referred to in division (F) below that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(F) Home occupation signs as regulated in §§ 155.270 through 155.280 are allowed on the premises.
(G) Such occupations shall not require substantial external alterations or involve construction features not customary in a dwelling.
(H) Merchandise offered for sale shall be clearly incidental to the home occupation.
(I) No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material shall be stored on site.
(J) Any process which will cause odor, dust, glare, noise, heat, or vibration which would have a negative effect on adjacent properties would not be allowed. No mechanical equipment other than that ordinarily utilized within a dwelling unit for household or hobby purposes shall be permissible.
(K) No visible evidence of the conduct of such home occupation shall be visible from any public way or neighboring property except for one commercial vehicle associated with the home occupation may be park on the premises.
(L) (1) Public access to the home occupation shall be by invitation only and there shall ordinarily be no more than one vehicle not owned by the occupants on or adjacent to the property for business purposes except that appointments may overlap for time period not exceeding 30 minutes.
(2) Occasional parties, meetings, or classes associated with home occupations are permissible.
(3) The parties, meetings, or classes shall in no case be held more than four times monthly and vehicles shall in no way impede the safety and flow of traffic within the neighborhood. If the home occupation is the type in which classes are held or instructions given, there shall be no more than four students on the premises at any one time.
(M) Home occupations shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.
(N) Any proposed home occupation which does not meet the criteria as established in this section may be allowed as a conditional use and must follow the requirements of §§ 155.335 through 155.341.
(Ord. passed 2-3-2011, § 2.26.040)
§ 155.179 TEMPORARY USES.
The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located.
(A) In any non-residential zoning district, a temporary use permit may be issued for a seasonal greenhouse or garden shop, but such permit shall be issued for a period of not longer than 90 days. Seasonal greenhouses and garden shops are exempt from any maximum floor area requirement. Seasonal greenhouses or garden shops shall conform to the clear sight triangle, setback, and parking requirements this chapter.
(B) In any district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a period of time commencing no earlier than November 1 and ending prior to January 5 of the following year.
(C) In any district, a temporary use permit may be issued for a contractor’s temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for the duration of the construction period. Such office or shed shall be removed upon completion of the construction of the structure(s).
(D) A carnival, circus, or similar event is a temporary use. In any non-residential district, a temporary use permit may be issued for a carnival, circus, or tent but such permit shall be issued for a period not longer than 14 days.
(E) A farmer’s market, as defined in § 155.009, may be conducted in any non-residential zoning district, subject to such conditions and limitations as the Board of Commissioners may direct in designating such farmer’s market as a community activity.
(F) In any non-residential zoning district, a temporary use permit may be issued to the operator of a ten-day temporary business in accordance with the following provisions:
(1) A temporary use or structure may occupy a development lot for not more than ten days and shall vacate the lot for a period of 180 days;
(2) All temporary structures shall contain approved toilet facilities or shall have contracted with the owners of permanent toilet facilities within 300 feet for employee access to the facilities. Operations that include prepared foods or beverages shall provide or have contracted for access to approved toilet facilities by customers of the business;
(3) All temporary structures and displays shall be located outside of clear sight triangles at streets, alleys, and driveways as per § 155.182;
(4) All temporary structures and displays shall be located outside of the front yard setbacks;
(5) All temporary business operators shall provide a minimum of two off-street parking spaces not associated with any other use; and
(6) Each temporary business may display one sign to advertise the business. The sign shall be no larger than 25 square feet.
(Ord. passed 2-3-2011, § 2.26.050)
§ 155.180 FENCES.
Regulations regarding fences shall be as follows.
(A) The regulation of fences is intended to protect the public safety and welfare while maintaining the integrity of the community; providing privacy; buffering noise; and allowing adequate air, light, and vision.
(B) A building permit is required for all fences except for fences located in the Agricultural District.
(C) Fences not more than four feet in height may be located on any part of the lot except that such a fence may not be more than 30% solid where it is located within 30 feet of a street intersection, measuring along the property lines and connecting these two points by a straight line.
(D) (1) Fences not more than six feet in height may be erected on any part of a lot other than in the required front yard except for fences located in the Agricultural District which are exempt from the fence height requirements.
(2) The following are exceptions.
(a) On double frontage and corner lots used residentially, fences not more than six feet in height may be placed in one of the front yards, provided that the fence is placed from the rear building line to rear property line or portion thereof.
(b) The maximum fence height for golf courses, public swimming pools, school track and field areas, parks, and ballparks shall be eight feet on any portion of the lot. Fences associated with these uses shall not be more than 30% solid.
(c) The maximum fence height for public tennis courts or basketball courts shall be 12 feet and shall not be more than 30% solid on any portion of the lot.
(d) In all commercial and industrial zoning districts, fences not more than eight feet in height may be located on any part of a lot other than the required front yard setback, except when such lot is adjacent to a residential use.
(E) All boundary line fences shall be located entirely upon the private property of the person, firm, or corporation constructing or causing the construction of such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The Building Inspector or City Planner may require any applicant for a fence permit to cause to establish the boundary lines of her or his property by a survey thereof to be made by a registered land surveyor.
(F) (1) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.
(2) Any such fence which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance, the Building Inspector is authorized to commence prior proceedings in the municipal court for the abatement thereof.
(3) Link fences, wherever permitted, shall be constructed in such a manner that the barbed end is at the bottom of the fence and the knuckle end is at the top thereof.
(A) The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in this chapter.
(B) No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
(1) Overhanging roofs, eaves, gutters, cornices, decks, carports, or any other architectural features up to three feet from the side property line;
(2) Non-enclosed driveways and parking spaces, curbs, sidewalks, steps, and terraces;
(3) Open porches and decks may encroach ten feet into the front yard setback, and 16 feet into the rear yard setback;
(4) Fences, walls, and hedges, subject to the regulations as set forth in this section;
(5) Flagpoles and light poles;
(6) Garbage disposal equipment, non-permanent;
(7) Landscape features, planting boxes, mailboxes, and recreational equipment;
(8) Parking spaces subject to the regulations set forth in §§ 155.255 through 155.257;
(9) Signs, subject to the regulations set forth in §§ 155.270 through 155.280;
(10) Trees, shrubs, flowers, and other plants subject to the sight obstruction requirements in this section;
(11) Lots platted prior to adoption of this chapter may be developed without a variance for minimum lot width at the front building line if all other requirements are met;
(12) Buildings existing at the adoption of this chapter may, without a variance, be extended along existing exterior lines so long as setback requirements in the direction of the extension are met;
(13) Temporary, non-habitable buildings for uses incidental to construction work, immediately adjacent to the work and which shall be removed upon completion or abandonment of the work. Motor homes or campers are not permitted; and
(14) Lots having frontage on more than one street shall provide the required front yards along those streets.
(Ord. passed 2-3-2011, § 2.26.070)
§ 155.182 SIGHT TRIANGLES.
(A) Definitions. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
PEDESTRIAN SIGHT TRIANGLE. The area of visibility to allow for the safe passage of a pedestrian.
SIGHT TRIANGLE. The area of visibility required on a corner to allow for the safe operation of vehicles, trains, pedestrians, and cyclists in the proximity of intersecting streets, rail lines, sidewalks, and bicycle paths.
SIGNALIZED INTERSECTION. An intersection with traffic controlled by an automated traffic signal.
STOP-CONTROLLED INTERSECTION. An intersection with traffic control stop signs. The intersections of alleys, private roads, and driveways are considered STOP-CONTROLLED INTERSECTIONS for the purpose of sight triangle requirements.
UNCONTROLLED INTERSECTION. An intersection with no traffic control signs including driveways.
YIELD CONTROLLED INTERSECTION. An intersection with traffic control yield signs.
(B) Restrictions.
(1) No obstructions to vision shall be allowed within the applicable sight triangle(s). Any object shall be deemed as an obstruction if it is located within any applicable sight triangle and the object is between two and one-half feet and ten feet above the edge of the roadway except in the C-1 Zoning District where the Public Works Director may waive these requirements.
(2) When more than one sight triangle applies to the same corner, all applicable sight triangle requirements must be satisfied.
(3) Setback requirements found elsewhere in this code shall not be decreased by this section.
(C) Point of measurement. All distance herein shall be measured from the curb or, where there is no curb, from the end of the pavement or gravel, unless otherwise specified.
(D) Uncontrolled intersections. Each uncontrolled intersection shall have a sight triangle of 70 feet on each leg except the intersection of two alleys may have a sight triangle of 25 feet on each leg.
(E) Stop-controlled intersections. Each stop-controlled intersection shall have a sight triangle based on the speed limits of the adjoining accessways. These distances are shown in the table in division (H)(1) below.
(F) Yield-controlled intersections. Each yield-controlled intersection shall have a sight triangle of 70 feet on each leg.
(G) Signalized intersections. Signalized intersections should be considered as stop-controlled for the purpose of sight triangle requirements.
(H) Pedestrian sight triangle.
(1) At intersecting sidewalks or bicycle paths, and at any intersection of a sidewalk or bicycle path with a street, alley, or driveway, a ten-foot pedestrian sight triangle shall be maintained. Pedestrian sight triangle legs are to be measured from the intersecting edges of sidewalks or bicycle paths, and the paved or unpaved edge of a street, alley, or driveway.
Operating Speed (mph)
25
30
35
40
45
50
Distance (feet)
Residential
300
375
470
580
700
840
Commercial/Industrial
490
645
820
1,020
1,340
1,710
(2) Stop-controlled intersections shall be measured from 20 feet back of the intersecting street (curb line or edge of pavement) on the centerline of the drive lane to centerline of the drive lane in either direction.
(3) Modifications to these requirements may be made base on the current standards of the American Association of State Highway and Transportation Officials (AASHTO).
(I) Infrastructure design criteria. See the city’s infrastructure design criteria in §§ 155.075 through 155.080.
(C) Radio and television antennas and towers, observation towers, power transmission towers, and cellular communication towers;
(D) Water tanks and standpipes; and
(E) Other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located; provided that they are not used for human occupancy.
(Ord. passed 2-3-2011, § 2.26.090)
OUTDOOR LIGHTING REQUIREMENTS
§ 155.195 INTENT.
(A) (1) The intent of this subchapter is to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. Exterior lighting shall be evaluated in the planned development process to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties or neighborhoods.
(2) The degree to which exterior night lighting affects a property owner or neighborhood will be examined considering the light source, level of illumination, hours of illumination, and need for illumination in relation to the effects of the lighting on adjacent property owners and the neighborhood.
(B) The purpose is to create standards for outdoor light so that its use does not unreasonably interfere with the reasonable use and enjoyment of property within the jurisdiction. It is the intent of this subchapter to encourage, through regulation of types, kinds, construction, installation, and uses of outdoor electrically powered illuminating devices, lighting practices and systems which will conserve energy without decreasing nighttime safety, utility, security, and productivity, while enhancing nighttime enjoyment of property within the incorporated areas of the city.
(C) The intent of this section is to:
(1) Eliminate glare into neighboring property or street rights-of-way;
(2) Limit light trespass over a property line onto residential property;
(3) Limit the maximum light level for buildings;
(4) Assure that lighting standards will be complied with prior to building permit issuance; and
(5) Encourage community lighting practices that will promote personal safety and crime prevention.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.196 CONFORMANCE WITH APPLICABLE CODES.
All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this chapter, the State Electrical Code, and the city as applicable and under appropriate permit and inspection.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.197 APPLICABILITY.
Whenever a person is required to obtain a zoning permit, electrical permit for outdoor lighting or signage, a conditional use permit, subdivision approval, or development plan approval by the city including all city projects, or whenever a person requests a rezoning, the applicant shall, as part of said application, submit sufficient information to enable the Zoning Administrator to determine whether the proposed lighting will comply with this section.
(A) The application shall include the following:
(1) A site plan indicating the proposed location of all outdoor lighting fixtures and signs;
(2) A description of each illumination device, fixture, lamp, support, and shield. This description may include, but is not limited to, manufacturer’s catalog cut-sheets and drawings (including sections where required), lamp types, and lumen outputs;
(3) Photometric data, such as that furnished by manufacturers or similar, showing the angle of cut-off of light emissions for the proposed luminaire(s); and
(4) Such other information as the Zoning Administrator may determine is necessary to ensure compliance with this chapter.
(B) If the Zoning Administrator determines that the proposed lighting does not comply with this chapter, the permit shall not be issued or the plan approved.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.198 APPROVED MATERIALS AND METHODS OF CONSTRUCTION OR INSTALLATION/OPERATION.
(A) The provisions of this subchapter are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this chapter, provided any such alternate has been approved.
(B) The Building Official may approve any such proposed alternate providing if found that it:
(1) Provides at least approximate equivalence to the applicable specific requirements of this code;
(2) Is satisfactory and complies with the intent of this chapter; or
(3) Has been designed or approved by a registered professional engineer and its content and function promotes the intent of this chapter.
(a) The maximum light level shall be no greater than three foot candles field measured at the property line (ground level) for all non-residential/multi-family properties located adjacent to residentially used or zoned property.
(b) The maximum height of light luminaire when located within 150 feet of residentially used or zoned property shall be 25 feet above the parking surface. All other light luminaires shall have a maximum height of 30 feet above parking surface.
(c) Maximum on-site lighting levels shall not exceed ten foot candles, except for loading and unloading platforms where the maximum lighting levels shall be 20 foot candles.
(d) Canopy luminaires shall include a 90-degree cut-off type, deflector, refractor, or forward throw light fixture. The maximum number of canopy luminaires shall be determined by the following industry standard:
Canopy length (in feet) x canopy width (in feet) x 3 = Maximum No. Lamp Wattage of Canopy Luminaires
(e) On-site lighting, other than canopy luminaires, shall consist of well shielded luminaires. A 90-degree cut-off type, deflector, refractor, or forward throw light fixture is required when luminaires are greater than 2,000 lumens where located within 150 feet of residentially used or zoned property or street right-of way.
(f) Submittal of photometric plans shall be required with all site plan checks for building permits with a lighted canopy, or on property with lighting parking lots.
(g) Site lighting that may be confused with warning, emergency, or traffic signals is prohibited.
(h) The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized (or otherwise coated) to minimize glare from the light source.
(4) (a) With the exception of lighting for public streets and private streets, all other project lighting used to illuminate buildings, parking lots, walkways, plazas, or the landscape shall be evaluated during the planned development process.
(b) The following table gives minimum and, for under-canopy fueling areas, maximum lighting levels for outdoor facilities used at night:
Table 1: Area/Activity**
Foot candle
Table 1: Area/Activity**
Foot candle
Building surrounds (non-residential)
1.0
Bikeways along roadside
Commercial areas
0.9
Intermediate areas
0.6
Residential areas
0.2
Walkways along roadside
Commercial areas
0.9
Intermediate areas
0.6
Residential areas
0.5
Park walkways
0.5
Pedestrian stairways
0.3
Loading and unloading platforms
5.0
Parking areas
1.0
Playgrounds
5.0
Under-canopy area (average maintained maximum)
20.0
Under-canopy area (initial installation maximum)
26.0
**Illuminating Engineering Society (IES) Lighting Handbook
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.199 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
FIXTURE. The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
FOOT CANDLE. A unit of measure for luminance. A unit of luminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
FULL-CUTOFF (FCO). A light fixture which cuts off all upward transmission of light.
GLARE. Discomfort experienced by an observer with a direct line of sight to a light source which often results in visual impairment.
HID LIGHTING (HIGH INTENSITY DISCHARGE LIGHTING.) A family of bulb type including mercury vapor, metal halide, or high pressure or low pressure sodium, which glow when an electric current is passed through a gas mixture inside the bulb.
HORIZONTAL (OR VERTICAL) FOOT CANDLES. The amount of light striking a vertical or horizontal plane.
INVENTORY OF LIGHTING. A list of lamps indicating the bulb type, bulb wattage, and manufacturer through which the rated lumens can be determined.
LIGHT SOURCE. The bulb and lens, diffuser, or reflective enclosure.
LIGHT TRESPASS. Light projected onto a property from a fixture not located on that property.
LUMEN. Measure of brightness of the illumination exiting a bulb, provided by fixture manufacturer.
LUMINAIRE. The complete lighting unit, including the lamp, the fixture, and other parts.
NON-CUTOFF. A light fixture which does not cut off all upward transmission of light.
PHOTOMETRIC PLAN. A plan used for an approval process or construction indicating the number, location, type of luminaire, and manufacturer’s specification data, on proposed site lighting, both pole- and building-mounted.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.200 SHIELDING.
(A) All non-exempt outdoor lighting fixtures shall have shielding as required by the table below in this division (A).
FULLY SHIELDED. Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.
PARTIALLY SHIELDED. Outdoor light fixtures shielded or constructed so that no more than 10% of the light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.
Table 2: Shielding Requirements
Fixture Lamp Type
Shielding
Table 2: Shielding Requirements
Fixture Lamp Type
Shielding
Low pressure sodium
Partially
High pressure sodium
Fully
Metal halide
Fully 1, 5
Fluorescent
Fully 2, 4
Quartz
Fully 3
Incandescent greater than 160 watts
Fully
Incandescent 160 watt or less
None
Any light source of 50 watt or less
None
Glass tubes filled with neon, argon, or krypton
None
Other source
As approved by the Building Official
(B) (1) Metal halide lighting, used primarily for display purposes, shall not be used for security lighting after 11:00 p.m. or after closing hours if before 11:00 p.m. Metal halide lamps shall be installed only in enclosed luminaries.
(2) (a) Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.
(b) Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects.
(c) Unless conforming to the above dark background preference, total lamp wattage per property shall be less than 160 watts.
(3) For the purposes of this subchapter, quartz lamps shall not be considered an incandescent light source.
(4) Warm white and natural lamps are preferred, to minimize detrimental effects.
(5) For filtering requirements for metal halide fixture lamp types, see Section 7.
(C) Existing outdoor lighting shall be brought into conformance with this chapter within two years from the date of adoption of the ordinance codified herein.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.201 FILTRATION.
Metal halide fixture lamp types shall be filtered. FILTERED means any outdoor light fixtures which has a glass, acrylic, or translucent enclosure of the light source.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.202 OUTDOOR ADVERTISING SIGNS.
(A) Top mounted fixtures required. Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure or lighted internally. All such fixtures shall comply with the shielding requirements.
(B) Prohibitions.
(1) Searchlights. The operation of searchlights for advertising purposes is prohibited between 10:00 p.m. and sunrise the following morning.
(2) Recreational facilities. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a specific recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m.
(C) Compliance limit. Existing outdoor advertising structures shall be brought into conformance with this chapter within two years from the date of adoption of the ordinance codified herein.
(D) Outdoor display lots. Outdoor display lots for vehicle sales and leasing shall comply with the requirements of this chapter. In addition, display fixture illumination shall be reduced within 30 minutes after closing so that the remaining illumination levels are sufficient for security purposes only; provided, however, that any illumination used after 11:00 p.m. shall be reduced to levels sufficient for security purposes only.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.203 TEMPORARY EXEMPTIONS.
(A) Request renewal information required.
(1) Any person may submit a written request, on a form provided by the Zoning Administrator, for a temporary exemption request.
(2) A temporary exemption shall contain the following information:
(a) Specific exemption or exemptions requested;
(b) Type and use of outdoor fixture involved;
(c) Duration of time requested exemption;
(d) Type of lamp and calculated lumens;
(e) Total wattage of lamp or lamps;
(f) Proposed location on premises of the outdoor light fixture(s);
(g) Previous temporary exemptions, if any, and addresses of premises there under;
(h) Physical size of outdoor light fixture(s) and type of shielding provided; and
(i) Such other data and information as may be required by the Zoning Administrator.
(B) Approval; duration. The Zoning Administrator shall have 30 days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than 60 days from the date of issuance of the approval.
(C) Disapproval; appeal. If the request for temporary exemption is disapproval, the person making the request will have the appeal rights provided in §§ 155.195 through 155.204.
(Ord. passed 2-3-2011, § 2.26.100)
§ 155.204 OTHER EXEMPTIONS.
The following structures or uses are exempt from these lighting standards: public recreation facilities, parks, pedestrian walkways, airport runways, telecommunication towers, broadcast towers, and historic period lighting.
(A) Nonconformance.
(1) Mercury vapor lamps shall not be used.
(2) Bottom mounted outdoor advertising sign lighting shall not be used.
(3) All other outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified in this chapter are exempt from all requirements of this chapter except those regulated. There shall be no change in use or lamp type, or any replacement or structural alteration made, without conforming to all applicable requirements of this chapter.
(B) Fossil fuel light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this chapter.
(C) State and federal facilities. Outdoor light fixtures installed on, in and in connection with those facilities on land owned or operated by the federal government or the state, or any department, division, agency, or instrumentality thereof, are exempt from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is encouraged.
(Ord. passed 2-3-2011, § 2.26.100)
WIND ENERGY CONVERSION SYSTEMS
§ 155.215 GENERAL.
(A) Any wind energy conversion system shall be located on parcel that has a minimum lot size of three acres.
(B) Wind energy conversion systems shall be allowed as accessory structures as conditional uses in certain zoning districts.
(C) In addition to the standards set forth in §§ 155.335 through 155.341 regarding all conditional use, all wind energy conversion systems shall also meet all the following requirements.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.216 COMMERCIAL SALE OF POWER PROHIBITED.
Any wind energy conversion system shall be used only for the purpose of generating power for the property on which the wind energy conversion system is located or for the purpose of transmitting power to the electrical grid of an electric utility company through an approved interconnection.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.217 UTILITY INTERCONNECTIONS.
Any wind energy conversion system shall be constructed and operated and any interconnection between a wind energy conversion system and an electric utility company shall be allowed only in accordance with all local, state, and federal regulations including regulations issued by the Public Utilities Commission and the Federal Aviation Administration. Additionally, electrical interconnections shall be allowed only in accordance with the applicable standards of the electric utility company.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.218 REQUIRED SETBACKS.
A minimum setback of one and one-half times the height of the wind energy conversion system shall be maintained between the wind energy conversion system and any property line, structure intended for human occupation, overhead utility line, or other tower support base.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.219 TOWER HEIGHT.
In no event shall the height of a wind energy conversion system exceed 90 feet as measured from the ground to the rotor hub. Further, there shall be no less than 30 feet between the lowest arc of the rotors of a wind energy conversion system and the ground, any portion of a structure, or any tree.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.220 ROTOR SIZE/OPERATION.
The maximum size of the rotors of a wind energy conversion system shall be reviewed upon application for a conditional use. In determining the appropriate size for the rotors, the city shall consider such factors as noise, proximity to surrounding residences, safety, and aesthetic issues. All systems shall be equipped with appropriate braking devices or similar protective devices to slow down or stop the rotors if the wind exceeds the capacity of the system.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.221 NOISE.
No wind energy conversion system shall produce more than 60 decibels of sound measured at the closest point on the closest property line from the base of the system. Information from the manufacturer of the wind energy conversion system shall be submitted at the time of the submittal of the conditional use, ensuring that this requirement can be met once the system is operational.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.222 ELECTROMAGNETIC INTERFERENCE.
(A) No wind energy conversion system shall produce electromagnetic interference so as to disrupt transmissions such as those from radio, television, or microwave towers.
(B) At the time of application for the conditional use, the petitioner must submit information from the manufacturer indicating that, once operational, the wind energy conversion system will not adversely affect the transmissions.
(C) If necessary, generators and alternators shall be filtered, shielded, or both so as to prevent the emission of radio and television signals.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.223 TOWER ACCESS.
(A) Appropriate safety measures must be undertaken to discourage unauthorized climbing of a wind energy conversion system tower.
(B) Appropriate measures shall include either:
(1) The construction of a six-foot tall chain link fence with locking gate around the tower;
(2) The tower shall be constructed so that the lowest climbing access shall be at least 12 feet above the ground; or
(3) A locked anti-climb device shall be installed on the tower.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.224 WARNING INFORMATION.
Information related to the maximum power output, nominal voltage, and maximum current, and emergency shut-down procedures for the wind energy conversion system, shall be posted near the base of the tower in a visible location.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.225 LIGHTING.
Unless required by a more restrictive regulation, no lighting shall be installed on a wind energy conversion system.
(Ord. passed 2-3-2011, § 2.26.110) Penalty, see § 155.999
§ 155.226 TOWER DESIGN.
In reviewing the conditional use for a wind energy conversion system, the city shall consider the design and color of the tower to ensure that no significant adverse impacts are occurring to neighboring property owners, including, but not limited to, infringement into natural and urban viewsheds, historic property, major community entryways, parks, schools, churches, playgrounds, or similar public and recreational uses.
(A) Upon application for a conditional use for a wind energy conversion system, the petitioner shall submit a manufacturer’s statement documenting that the system has been successfully and safely operated in atmospheric conditions that are similar to conditions in the city.
(B) Further, the petitioner shall provide a copy of the manufacturer’s warranty indicating that the system is warranted against any system failures reasonably expected during severe weather conditions.
(C) Further, the petitioner shall submit system specifications including maximum power output and a maintenance schedule for the system.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.228 CONSTRUCTION STANDARDS.
Any wind energy conversion system shall be constructed in accordance with all applicable life, safety, building, and fire codes, including but not limited to the following.
(A) An applicant for a building permit for a wind energy conversion system shall submit plans and specifications stamped by a registered engineer.
(B) Any wind energy conversion system shall have appropriate lightning protection to sufficiently protect all connected and adjacent equipment and structures from damage. The lightning protection system shall effectively discharge lightning energy from the structure to the ground through the application of shielding, lightning arresters, and deep earth grounding.
(Ord. passed 2-3-2011, § 2.26.110)
§ 155.229 ABANDONMENT/REMOVAL.
(A) (1) Any wind energy conversion system which has not been used for a period of six months or more shall be declared abandoned. Upon abandonment of the system, the city shall revoke the conditional use and the system shall be removed at the expense of the property owner.
(2) The city shall determine that a wind energy conversion system has not been used if the following criteria apply:
(a) The wind energy conversion system has not been operating for a substantial period of time and the owner of the system is unable to provide documentation demonstrating that the system has produced a minimum of 25% of the power output as stated in the system specifications over the past six months;
(b) The wind energy conversion system has fallen into obvious disrepair and/or has been condemned by the city; and
(c) The wind energy conversion system has become violative of some other local, state, or federal law and the owner of the system has not taken appropriate actions to remedy the problem.
(B) If deemed appropriate, the city may stipulate, through the conditional use, that the wind energy conversion system shall be removed at the owner’s expense upon the rezoning of the subject property to a zoning district classification in which wind energy conversion systems are not allowed as either a permitted use or conditional use.
(Ord. passed 2-3-2011, § 2.26.110)
DEVELOPMENT STANDARDS FOR CERTAIN CONDITIONAL USES
§ 155.240 PURPOSE.
In order to accomplish the general purpose of this chapter, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, and are potentially incompatible with existing development.
(Ord. passed 2-3-2011, § 2.26.120)
§ 155.241 MANUFACTURE HOME PARK/SUBDIVISIONS.
The following development standards shall apply for all manufactured home parks, which shall be approved as a development permitted on review.
(A) Minimum area. No park shall be allowed to open on less than ten acres.
(B) Manufactured homes only. Only manufactured homes shall be permitted, except for additions and accessory structures which may be constructed on site.
(C) Minimum lot size. This minimum lot size is 5,000 square feet, exclusive of public street rights-of-way and private street easements.
(D) Street standards.
(1) Public streets shall meet minimum standards of Chapter 151 or, in the case of private streets, standards established by the Board of Commissioners in the approval process.
(2) Cul-de-sac roads shall have a maximum length of 500 feet and a minimum turnaround of 40-foot radius.
(3) They must be accessible at all times to Fire Department, ambulance, police, sanitation, and utility vehicles.
(E) Street lighting. The developer shall furnish and install street lights in accordance with city standards. On private streets, lights shall be operated and maintained by the developer.
(F) Fencing and screening. The developer shall install screening, opaque fencing, or plantings on the front, side, and rear perimeters of the manufactured home park, according to site plans approved by the Planning and Zoning Board.
(G) Shade trees. The developer shall plant shade trees on the property. One tree with a minimum trunk diameter of not less than one inch shall be planted on each manufactured home lot. Trees shall be of varieties recommended by the city’s Parks and Recreation Department.
(H) Drainage and storm sewers. Drainage and storm sewers are as regulated by this chapter.
(I) Water/sewer facilities. Water/sewer facilities are as regulated by this chapter.
(J) Utilities. Utilities are as regulated by this chapter.
(K) Recreation areas. A park and recreation area shall be provided having a minimum of 150 square feet for each manufactured home site, consolidated into usable space. This requirement may be waived by the Planning and Zoning Board if the manufactured home park has minimum lot sizes of 6,000 square feet.
(M) Accessory buildings. Accessory buildings shall meet minimum setbacks in accordance with division (P)(4) below.
(N) Lot width. The lot width shall be a minimum 60 feet.
(O) Perimeter setbacks. Perimeter setbacks are as follows:
(1) Twenty five-foot perimeter setback from all public rights-of-way;
(2) Any perimeter yard abutting a residential district shall maintain a 15-foot setback; and
(3) All perimeter setbacks shall be maintained and landscape.
(P) Lot setbacks. Lot setbacks are as follows:
(1) Front yard. Front yard requirements shall be 15 feet from all road rights-of-way within the manufactured home park.
(2) Rear yard. Rear yard requirements are ten feet.
(3) Side yard. Side yard requirements are eight feet.
(4) Accessory structures. Accessory structure requirements are five feet, side and rear.
(Q) Off-street parking. There shall be a minimum of two paved, off-street parking spaces on each manufactured home lot, which shall be located in the side yard.
(R) Storage space. The manufactured home park shall provide a paved storage area for boats, campers, RVs, and the like, for use only by tenants. The number of spaces within this area shall be equal to one space for every five manufactured homes sites. Each space shall be ten feet by 20 feet.
(S) Securing and skirting. All manufactured homes and accessory structures shall be securely anchored to the ground, at intervals approved by the Building Official. Manufactured homes, once in their permanent location upon the lot, shall be fully skirted prior to occupancy.
(T) Additions to manufactured homes.
(1) Building permits shall be required for all additions, which shall meet all setback requirements.
(2) No additions or structures erected shall have a height greater than the height of the manufactured home to which it is attached; and shall be supported by a foundation approved by the Building Official.
(U) Signs.
(1) The developer shall install, in accordance with standards of the city, all road and street name signs.
(2) Each manufactured home park shall be permitted to display, on each frontage, one identifying sign of maximum size of 25 square feet.
(V) Guarantees to include improvements. Guarantees may be required, in an amount determined by the Planning and Zoning Board and approved by the Board of Commissioners, to assure completion of all requirements within this section.
(W) General provisions.
(1) Sidewalks from the paved driveway to the main entry of the manufactured home shall be a minimum of 48 inches in width.
(2) Each manufactured home shall have an address of three-inch high letters mounted on the side fronting the street.
(3) Each manufactured home space shall be clearly defined by permanent markers.
(4) Each manufactured home space shall be serviced by the public water and sewer system. Manufactured homes that cannot be connected to the public water and sewer system shall not be permitted.
(5) Manufactured homes shall not be used for commercial, industrial, or other non-residential uses.
(X) Application requirements. The application shall be accompanied by three copies of the plot plan drawn to scale and prepared by a licensed engineer or architect. The following information shall be shown:
(1) The location and legal description of the proposed manufactured home park;
(2) Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the manufactured home park;
(3) The proposed use of buildings shown on the site;
(4) The location and size of all manufactured home spaces;
(5) The location of all points of ingress and egress and internal traffic circulation pattern;
(6) A landscaping plan;
(7) The location of all lighting standards to be provided;
(8) The location of all walls and fences, the indication of their height, and the materials of their construction;
(9) The name and address of the applicant;
(10) Such other architectural and engineering data as may be required to permit the Zoning Administrator and Board of Commissioners to determine if the provisions of this chapter are being complied with; and
(11) An estimated time table for project development.
(Y) Mobile homes and manufactured homes. Mobile homes and manufactured homes older than ten years from date of manufacture are not allowed to be placed in any mobile home park or manufactured home park that is subject to this chapter.
§ 155.242 CAMPGROUNDS, RECREATION VEHICLE PARK, AND TRAVEL PARKS STANDARDS.
Campgrounds may be established in specific districts with the following standards.
(A) All campgrounds, recreational vehicle parks, or travel parks shall have an area of not less than 45,000 square feet.
(B) All camping units/spaces, cabins, and/or service structures shall be set back from all property lines a minimum of 25 feet.
(C) All campgrounds, recreational vehicle parks, or travel parks shall provide the following minimum facilities.
(1) Each recreational vehicle space shall include one water connection. For every three tent spaces or sleeping cabins, one water connection shall be provided. All water installations shall conform to the State Plumbing Code and current Building Codes adopted by the city.
(2) A minimum of 25% of the all recreational vehicle spaces shall be provided with sewer hookups. Such sewer hookups shall be installed pursuant to the requirements of the State Plumbing Code and the current Building Codes as adopted by the city.
(3) One refuse container of approximately 90 gallons in size shall be provided for every ten spaces.
(4) Toilet and bathing facilities shall be provided per state requirements.
(D) There shall be not less than 1,500 square feet of lot area for each space provided in the travel park; provided, however, that, maximum density shall not exceed 20 spaces per acre within the travel park.
(E) Every space shall be clearly marked to facilitate location by emergency vehicles.
(F) All internal streets shall be paved with asphalt or portland cement concrete and no parking shall be allowed on any internal street. Each space shall have two off-street parking spaces. One space may be for the recreational vehicle. In case of a trailer camper, the pull vehicle shall be counted as part of the recreational vehicle.
(G) (1) The applicant shall provide a documentation of compliance with all state and local regulations relating to health, plumbing, and electrical standards.
(2) Prior to issuance of a certificate of occupancy, the applicant shall provide a copy of the all final inspections reports and/or licenses from the Department of Health and Plumbing and Electrical Commissions.
(Ord. passed 2-3-2011, § 2.26.120)
PARKING, LOADING, AND STACKING REQUIREMENTS
§ 155.255 PURPOSE.
(A) No land shall be used or occupied; no structure shall be erected, altered, used, or occupied; and no use shall be operated unless off-street parking facilities, in at least the amount required, are provided or available and maintained in the manner set forth.
(B) Uses existing on the effective date of the ordinance codified herein shall not be reduced below the requirements of this section.
(C) Off-street parking facilities shall be provided and maintained as required in this section for any addition to or the extension or enlargement of a use of land or building which existed on the effective date of the ordinance codified herein.
(D) The provisions and maintenance of the off-street parking facilities required shall be the joint and several responsibility of the operator and owner of the use and the operator or owner of the land on which, or the structure in which they are located.
(Ord. passed 2-3-2011, § 2.28.010)
§ 155.256 MINIMUM REQUIREMENTS.
(A) Standards.
(1)
Each off-street parking space shall be an area of not less than 171 square feet, exclusive of access or maneuvering area, ramps, and other appurtenances as per the following standards.
Required Minimum Off-street Parking Dimensions
Parking Angle (Degrees)
Stall Length (Feet)
Stall Width (Feet)
Aisle Width, One-Way (Feet)
Aisle Width, Two-Way (Feet)
90
19
9
25
25
60
19
9
18.5
20
45
19
9
13.5
20
30
19
9
1
20
0 (parallel)
21
9
12
20
(2) Off-street parking facilities shall be located on the site on which the use or structure for which they are provided is located except as otherwise permitted under a special plan for location or sharing of facilities.
(B) Maintenance. Off-street parking facilities shall be constructed, maintained, and operated in accordance with the following specifications.
(1) Drainage and surfacing. They shall be properly graded for drainage, surfaced with concrete or asphalt, and maintained in good condition, free of weeds, dust, trash, and debris.
(2) Protective barriers. They shall be provided with barriers of such dimensions those occupants of adjacent structures are not unreasonably disturbed, either by day or night, by the movement of vehicles.
(3) Outdoor lighting. When provided, outdoor light shall comply with §§ 155.195 through 155.204.
(4) Entrances and exits. They shall be provided with designated entrances and exits so located as to minimize traffic congestion.
(5) Prohibition of other uses. They shall not be used for the sale, storage, repair, or dismantling of any vehicles, equipment, materials, or supplies.
(6) Permanent barrier.
(a) In the event they are designed such that the facility abuts a public sidewalk and vehicle parking is diagonal or perpendicular to the sidewalk, a permanent barrier shall be installed three feet from the interior edge of the sidewalk to prevent vehicle encroachment over the sidewalk.
(b) If the facility abuts and faces a street and there is no sidewalk, permanent barriers shall be installed seven feet from the curb to provide for a pedestrian way and to prevent vehicle encroachment.
(7) Compliance. All parking facilities shall comply with § 155.182.
(8) Parking space design. In residential districts, parking spaces accessed by local roads and required by this chapter shall be located and designed with a minimum of 23 feet or sufficient depth from the back of the sidewalk so that there will be no vehicle encroachment over the public sidewalk.
(9) Access. If a parking facility accesses a collector street, major arterial, or minor arterial as designated by the major street plan map that functionally classifies streets in the city, or, if by reasons of topography as determined by the Planning and Zoning Board, the facility shall have a controlled access with a designated entrance and exit, and sufficient maneuvering space on the interior of the lot to preclude the necessity of vehicles backing onto the street.
(C) Minimum amounts of off-street parking facilities required. The following minimum amounts of off-street parking facilities shall be provided. The classification of uses shall be deemed to include and apply to all uses, and if the classification is not readily determinable, it shall be fixed by the Zoning Administrator.
Table of Parking Spaces Required*
(SFGFA: Square Feet Gross Floor Area)**
Land Use Building Type
Parking Spaces Required
Table of Parking Spaces Required*
(SFGFA: Square Feet Gross Floor Area)**
Land Use Building Type
Parking Spaces Required
Dwellings, One-Family and Two-Family
2 spaces per dwelling unit
Dwellings, Multi-Family
2.25 spaces per dwelling unit
Group Care Homes/Assisted Living and Congregate Care Facilities
0.50 per bedroom or suite
Hotels, Motels, Rooming Houses, Bed and Breakfast Establishments
1 space per guest room
Manufactured Home Parks
2 spaces per manufactured home
Nursing, Long-term Care Facilities
1 space per 4 beds
Theaters, Auditoriums, Gymnasiums
1 space per 3 seats or 18 inches of linear bench
Convention Facilities, Assembly or Banquet Hall
1 space per 15 square feet of assembly area
Place of Worship
1 space per 4 seats or 24 inches of linear bench
Funeral Homes
One space per 600 SFGFA
Schools, Elementary
2 spaces per classroom
Schools, Secondary
10 spaces per classroom
Restaurants, On-sale Liquor Establishments
1 space per 100 SFGFA plus 5 per drive-through lanes
Private & Public Utility Substations
No parking requirements except that all areas of ingress/egress and loading/unloading/storage shall be hard surfaced
Commercial Storage or Mini Storage Units
30 feet of circulation aisle width immediately adjacent to area of building(s)
Medical Clinic/Office
1 per 250 SFGFA
Industrial and Manufacturing Establishments
1 space per 400 SFGFA
Warehouses
1 parking space per 1,000 SFGFA
Offices, Commercial and Personal Service Establishments
1 space per 200
Retail Trade
1 space per 300 SFGFA
Drive-up Windows
3 per drive through lane***
Sports & Recreation Facilities
Bowling Alley
4 spaces per lane
Golf Course
6 spaces per hole
Baseball/Softball/Soccer
36 spaces per field
Tennis Court
4 spaces per court
Miniature Golf
2 per hole
Recreation Center/Swimming Pool/Water Park
1 per 250 SFGFA
Roller/Ice Skating Rink
1 per 250 SFGFA
Sports Club/Health Spa
1 per 250 SFGFA
Fire /Ambulance Facilities
4 spaces per bay
New & Used Vehicle and Equipment Sales
1 per 600 SFGFA**** and all areas used for storage and display shall be paved
Auto Repair, Auto Towing, Body Repair and Painting
1 per 250 SFGFA*****
Day Care Center
1 per full-time equivalent staff plus 0.1 per child licensed
Furniture, appliance or home improvement products (i.e., carpet, paint, wallpaper, and the like)
1 per 600 SFGFA
Hardware Store/Home Center/Lumberyard
1 per 600 SFGFA
Hospital
2 per bed
Shopping Center/Strip Center - Buildings designed for 3 or more tenants
1 per 200 SFGFA******
All non-residential buildings, except those specified above
1 per 300 SFGFA
NOTES TO TABLE:
*Numbers include spaces required for employee and staff parking.
**Square footage shall be the total square footage of the combined usable floors as measured by outside building dimensions.
***Stacking in drive-through lanes shall count as 1 space per 23 linear feet of striped stacking lane.
****Parking spaces used for customer and employee parking exclusive of automobile display area.
*****Automotive repair business indoor and outdoor vehicle storage or repair areas that are not accessible to the public are exempt from the aisle width and access requirements of this chapter. Proposed vehicle storage or repair areas must be designated on the site plan and building floor plan and shall be completely screened from the public.
******No more than 1/3 of the units shall be a On-Sale Liquor Establishment or Restaurant. If more than 1/3 of the units are either a On-Sale Liquor Establishment or Restaurant, parking shall be each individual use.
(D) Combined facilities. The off-street parking facilities required of two or more uses located on the same building site or an immediate proximity may be combined and used jointly, provided that the facilities shall provide the sum total of the facilities required.
(E) Maximum amounts of off-street parking facilities. For commercial uses, excluding new and used vehicle sales, minimum amounts of off-street parking facilities may be exceeded by only 20%. Parking in excess of this maximum may be approved by the Board of Commissioners upon justification of need.
(F) Special plan for location or sharing of facilities. Off-street parking facilities may be located on another site or shared under the following procedure:
(1) Application for approval of special plan. An application for approval of a special plan shall be filed with the Planning and Zoning Board by the owner(s) of the entire land area to be included within the special plan. It shall include the owner(s) of all structures existing on the land and all encumbrances of the land and structures. The application shall contain such information required by this chapter or deemed necessary by the Zoning Administrator and shall include plans showing the location of the uses or structures for which off-street parking facilities are required and the location of the proposed off-street parking.
(2) Review of application. Applications shall be reviewed by the Planning and Zoning Board and either approved or disapproved by the Board of Commissioners within 90 days of the date of the receipt of the application, except that the applicant may request a continuance.
(3) Recording of special plan. A copy of the plan shall be recorded as a restrictive covenant against the property.
(4) Amendment or withdrawal of special plan. A plan may only be amended or withdrawn pursuant to the same procedure as for approval.
(G) Parking for persons with disabilities. It is the responsibility of the owner to follow all provisions of the Americans With Disabilities Act, being 42 U.S.C. §§ 12101 et seq. The following are basic requirements for accessible spaces and are not a complete reiteration of the Americans With Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
(1) (a) The following number of off-street parking spaces, based on the total required parking, are to be reserved for exclusive use by persons with disabilities. One in every eight accessible spaces, but always at least one space, must be van-accessible. Parking spaces for persons with disabilities may be counted toward the total number of parking spaces required for the use.
Required Number of Accessible Spaces
Total Parking in Lot
Required Minimum Number of Accessible Spaces
Required Number of Accessible Spaces
Total Parking in Lot
Required Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total spaces
1,001 and over
20 plus 1 for each 100 over 1,000
(b) 1. The required number of accessible spaces for out-patient medical facilities shall be 10% of the total number of parking spaces.
2. The required number of accessible spaces for facilities that specialize in treatment or services for persons with mobility impairments shall be 20% of the total number of parking spaces.
(2) Accessible parking spaces must be a minimum of 96 inches in width. Parking access aisles shall be part of an accessible route to the building or facility entrance. Two accessible parking spaces may share a common access aisle. Access aisles adjacent to accessible spaces shall be a minimum of 60 inches in width. Van-accessible spaces shall be a minimum of 96 inches wide and shall be served by an access aisle a minimum of 96 inches wide. All accessible parking spaces shall be a minimum of 20 feet in length.
(3) An alternative to the provision of separate van-accessible spaces is the provision of universal parking. Universal parking spaces shall be 132 inches wide with a 60-inch wide access aisle.
(H) Design. Parking lots shall be designed and paved in conformity to the above standards unless otherwise first approved by the Board of Commissioners during the review of the preliminary plat application. If the Board of Commissioners allows a gravel parking lot, the following minimum standards shall be met.
(1) The parking lot site shall be graded to remove vegetation and to create a subbase with a minimum slope of at least 1% to provide for adequate site drainage.
(2) The subbase shall be compacted.
(3) A minimum of six inches of gravel (three-quarters of an inch) shall be applied over the subbase and compacted.
(4) Periodic maintenance of the gravel parking lot shall be required.
§ 155.257 OFF-STREET LOADING AND UNLOADING REQUIREMENTS.
(A) In all districts, and on the same premises with every structure involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided adequate space for standing, loading and unloading in order to avoid undue interference with public use of the streets or alleys.
(B) Off-street loading and unloading spaces shall be provided as follows.
(1) One off-street loading and unloading space shall be provided for buildings up to and including 20,000 square feet of floor area, plus one additional off-street loading and unloading space for each additional 20,000 square feet of floor area up to and including 100,000 square feet.
(2) There shall be provided an additional off-street loading and unloading space for each additional 40,000 square feet of floor area in excess of over 100,000 square feet.
(3) Where trailer trucks are involved, such loading and unloading space shall be designed with appropriate means of truck access to a street or alley as well as adequate maneuvering area.
(4) All areas devoted to permanent off-street loading and unloading as required under this section shall be of asphalt or concrete construction.
(Ord. passed 2-3-2011, § 2.28.030)
§ 155.258 STORAGE AND PARKING OF TRAILERS, RECREATIONAL VEHICLES, AND COMMERCIAL VEHICLES.
(A) For the purpose of this chapter, the following definition applies unless the context clearly indicates or requires a different meaning.
RECREATIONAL VEHICLE. Any vehicle that is equipped for sleeping is considered a recreational vehicle, including, but not limited to, any motor home, travel trailer, fifth-wheel trailer, camper not mounted on a truck, or any other vehicle or object which the officer deems to be a large RECREATIONAL VEHICLE. This includes, but is not limited to, boats, snowmobiles, or jet skis (or trailers to carry them). It also includes, but is not limited to, small utility trailers, camper van conversions, tent trailers, or campers mounted in trucks.
(B) Commercial vehicles may be parked on the driveway of a residence provided that the vehicle is parked five feet back from the interior edge of the sidewalk or the curb if there is no sidewalk, and must follow § 155.256(B)(1) for parking surface. Commercial vehicles loaded with live animals or any hazardous material as defined by U.S. Department of Transportation regulations will not be permitted.
(C) Trailers or recreational vehicles on roadways or on public places cannot be occupied on a regular basis with respect to using them as a temporary dwelling.
(Ord. passed 2-3-2011, § 2.28.040; Ord TSO 2011-01, passed 6-16-2011) Penalty, see § 155.999
SIGN REGULATIONS
§ 155.270 AUTHORITY.
The city’s authority to regulate signs, billboards, and other advertising structures is specified in SDCL Ch. 31-29.
(Ord. passed 2-3-2011, § 2.30.010)
§ 155.271 INTENT.
The purpose of this subchapter shall be to establish effective local regulation of outdoor advertising so as to promote the health, safety, and general welfare of those persons using and residing adjacent to public rights-of-way. The following regulations are intended to promote and preserve the natural aesthetics of the city while providing for the convenience of the traveling public, for the promotion of locally available facilities, goods, and services, and to minimize negative impacts on property adjacent to public rights-of-way. It is, therefore, the intent of these regulations to achieve the following:
(A) Safety. To promote the safety of persons and property by requiring that signs:
(1) Do not create a hazard due to collapse, fire, collision, decay or abandonment; and
(2) Do not create traffic hazards by distracting or confusing motorists, impairing a driver’s ability to see pedestrians, obstacles, or other vehicles or to see and interpret any official traffic sign, signal, or device.
(B) Communication. To promote the efficient transfer of information by providing that:
(1) Business and services may identify themselves;
(2) Customers and other persons may locate a business or service; and
(3) No business, service, person or group is arbitrarily denied the use of sight lines on a public right-of-way for communication purposes.
(C) Preservation of the natural landscape. To protect the public welfare and to maintain and enhance the appearance and economic value of the landscape by providing that signs:
(1) Do not create a nuisance to persons using the public right-of-way;
(2) Do not constitute a nuisance to the occupancy or use of adjacent property as a result of their size, height, brightness, or movement; and
(3) Are constructed and installed in a manner which is in harmony with buildings, neighborhoods, or other signs in the area.
(Ord. passed 2-3-2011, § 2.30.020)
§ 155.272 COMPLIANCE AND APPLICABILITY.
(A) In any zoning district where signs are allowed, a sign permit shall be required unless otherwise stated.
(B) In addition to all applicable state and federal regulations, any sign erected within the city shall be required to conform to the following regulations:
(1) To require a permit for certain types of signs subject to the standards and procedures of this section;
(2) To allow certain signs that are small, unobtrusive, and incidental to the principal use of the parcel on which they are located, subject to the requirements of this chapter but without a requirement for a permit;
(3) To provide for temporary signs in limited circumstances; and
(4) To prohibit all signs not expressly permitted by this chapter.
(Ord. passed 2-3-2011, § 2.30.030)
§ 155.273 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign or sign structure that is blank, obliterated, or displays obsolete advertising material for a period in excess of 90 days. The 90-day period for determining if a sign is ABANDONED commences upon notification of violation to the offender.
BACK-TO-BACK SIGN. An off-premises or on-premises sign consisting of two sign facings oriented in the opposite direction with not more than one face per side.
BANNER SIGN. An on-premises sign which is composed of lightweight material, either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. For the purpose of this subchapter, a BANNER SIGN can only be used as a wall sign.
DIRECTIONAL SIGN. A sign erected for the convenience of the public, such as directing traffic movement, parking, or identifying restrooms, public telephones, walkways and other similar features, or facilities and bearing no advertising in the message.
DOUBLE-FACED SIGN. An off-premises or on-premises sign with two adjacent faces oriented in the same direction and not more than ten feet apart at the nearest point between the two faces.
FREESTANDING SIGN. A sign on a frame, pole, or other support structure not attached to any building.
HIGHWAY. Every way or place of whatever nature open to the public, as a matter of right, for purposes of vehicular travel, is a HIGHWAY. The term HIGHWAY shall also include private access easements and roadways.
OFF-PREMISES SIGN. A sign/billboard that advertises goods or services not available at the location of the billboard or advertising sign.
ON-PREMISES SIGN. A sign identifying an establishment’s activities, products, or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located.
SIGNS. Any sign defined in this subchapter which displays or conveys any identification, description, illustration, or device illuminated or non-illuminated, which directs attention to a product, service, business activity, institution, business, or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information, with the exception of window displays.
SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as upright, aprons, poles, beams, or standards. In the case of lettering on an awning or other undefined structure or space, a perimeter shall be determined by adding two inches around the whole of the lettering, using unbroken parallel lines. Logos shall not be included in square footage, but must be subordinate to the sign. A logo that consists only of words with or without a symbol shall be included in the sign square footage. Logos attached to walls shall not exceed 20 square feet.
SIGN FACING. The portion of a sign structure upon which advertising is affixed or painted and visible in one direction at one time.
SIGN STRUCTURE. The sign face and support members that are permanently affixed to the ground or attached to a structure. SIGN STRUCTURE does not include the sign frame.
SIGN TYPES. Sign types are canopy, ground/pole, projecting wall, roof, wall, and wall/roof. SIGN TYPE pertains to the location of a sign on a property or structure, and the method of support or attachment.
(1) CANOPY SIGN. This includes awnings and marquees. An overhead covering projecting from and attached to a building, and the attachments thereto.
(2) GROUND/POLE SIGN. A sign that is structurally self-supporting and not attached to any other structure.
(3) PROJECTION WALL SIGN. A sign attached to and supported by a building, projecting more than 12 inches from the wall to which it is attached. A PROJECTING WALL SIGN shall not extend above the roof line.
(4) ROOF SIGN. A sign attached to roof of a building.
(5) WALL SIGN. A sign affixed to an exterior wall of a building and which projects 12 or fewer inches from the wall.
(6) WALL/ROOF SIGN. A projecting wall sign which projects above the roof line of a building and which is wholly supported by the building.
SIGN USE. This refers to the way in which a sign is used based on the function of the sign and/or its relationship to the property on which it is located.
(1) AREA IDENTIFICATION SIGN. A sign erected to identify a group of five or more commercial or industrial activities located either within a single structure by identifying the structure or the area. The structure or area must be identifiable as a unit through common ownership or management of the building, utilities, and/or common facilities (i.e., parking, open space, mall, and the like).
(2) BUSINESS SIGN. An on-premises sign or signs used to identify a commercial or industrial activity.
(3) CONSTRUCTION SIGN. A temporary sign erected to identify the contractors, designers, and/or financial institutions involved in a major construction project.
(4) HOME OCCUPATION SIGN. A sign erected to identify a home occupation.
(5) INSTITUTIONAL SIGN. A sign erected to identify an institutional activity.
(6) RESIDENTIAL IDENTIFICATION SIGN. A sign that is showing the address and/or name of the occupant(s) of a residential building.
(7) RESIDENTIAL DEVELOPMENT SIGN. A sign identifying an unique development or apartment complex being actively developed as evidenced by buildings under construction or constructed and/or streets opened.
SPECIALTY SIGNS. Specialty signs possess unique characteristics that require special treatment or control. The following are included in the kinds of specialty signs.
(1) PAINTED WALL SIGN. An on-premises sign painted directly upon a wall or similar structure.
(2) PARASITIC SIGN. A sign affixed to a permanent supporting structure that is in addition to signs specifically designed for said supporting structure.
(3) TEMPORARY/PORTABLE SIGN. A sign not affixed to a permanent supporting structure but which is designed to be moved from location to location.
(4) MURAL. A pictorial representation not identifying goods or services offered by a business.
(5) CHANGEABLE COPY SIGN/READER BOARD.
(a) A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the surface of the sign.
(b) A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this subchapter.
(c) A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a changeable copy sign for purposes of this subchapter.
(6) ANIMATED SIGN. Any sign that uses movement, electric message, or change of lighting, either natural or artificial, to depict action or create a special effect or scene.
(7) PENNANT/BANNER SIGN. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a pole or lighting standard, usually in series, that promotes the community or a community event.
(Ord. passed 2-3-2011, § 2.30.040)
§ 155.274 EXEMPTIONS.
The following signs shall be exempt from regulation under this chapter:
(A) Exemptions.
(1) Changing the sign face or the copy or message on signs specifically designed for the use of replaceable copy;
(2) Painting, repainting, cleaning, or minor maintenance of a sign provided no structural alteration is made; and
(3) Window signs, real estate signs, and like signs of a temporary nature.
(B) Exempted signs.
(1) Governmental regulatory, directional, informational, and warning signs; governmental agency flags, emblems, and insignia; and temporary signs placed for the purpose of public safety;
(2) Commemorative plaques placed by recognized historical agencies and commissions;
(3) Signs which can be viewed only from within the confines of a structure or other clearly defined space;
(4) Instructional or identification signs less than two square feet, such as parking information; and
(5) Political election signs not exceeding six square feet and removed within one week after the election.
(C) Prohibited signs.
(1) All signs not expressly permitted under this chapter are prohibited in the city. The following signs shall not be permitted, erected, or maintained in any district, notwithstanding anything else contained in this chapter.
(2) Signs in section shall be removed or brought into conformity with the provisions of this chapter within 30 days after receiving written notice from the city.
(3) Such signs include, but are not limited to:
(a) Signs attached or applied to trees, utility poles, vending machines, boxes, benches, and other unapproved supporting structures;
(b) Signs encroaching on a public right-of-way or extending beyond a property line unless specifically authorized;
(c) Illuminated signs containing flashing, intermitting, or moving light that interfere with the traveled way of streets or obscure traffic signs or devices;
(d) Wall or protruding signs that project above the wall upon which they are attached;
(e) Signs that constitute pedestrian or vehicular traffic hazards or which could be confused with any governmental regulatory, directional, or warning sign;
(f) Moving signs;
(g) Off-premises advertising signs painted on building structures;
(h) Tethered, airborne devices advertising a business, product, or service;
(i) Signs not complying with § 155.275;
(j) Searchlights, pennants, spinners, and streamers except for occasions such as grand openings. Use shall be limited to a 15-day period;
(k) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said signs; and
(l) Flags displaying an advertising message, except flags of any nation, state, political subdivision, or corporate flag.
(Ord. passed 2-3-2011, § 2.30.050)
§ 155.275 NEW SIGNS.
A sign permit shall be required for any new on-premises or off-premises sign installation, including temporary signs. At the time of installation, the new sign must conform to all requirements of this subchapter at the time of installation.
(A) General provisions.
(1) All signs shall be placed or erected in conformity with all applicable side and rear yard setback requirements for structures. The minimum front yard setback requirement for signs shall be five feet from any property line.
(2) No sign, including political signs, are allowed to be located in any public right-of-way or public or private access easement. All signs issued by the city for public notice of proposed land use changes are exempt from this requirement.
(3) There shall be a 250-foot separation between a new ground/pole on-premises sign and an existing ground/pole on-premises sign.
(4) All sign structures shall be painted and maintained in muted colors as to blend into the natural surroundings. Colors shall include, but not be limited to, brown, black, or tan. Wood sign structures may remain unpainted and be allowed to have a natural patina. At no time shall bright or neon colors be used for either wood or metal sign structures.
(5) No debris, including but not necessarily limited to, wood material, posts, metal, paper, plastic, cardboard, or other materials from the construction or maintenance of a sign shall be left at the location or vicinity of a sign. Any violation of this section is hereby declared a nuisance and subject to abatement.
(6) No sign shall be constructed which resembles any official marker erected by a governmental entity or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device, sign, or marker.
(7) No sign shall exceed two sides. Signs shall have no more than one frontal face (front) and one back face (back) as viewed from one static position.
(8) Sign and sign structure design shall be reviewed and inspected by the Building Official for compliance with the following:
(a) Building Code, as adopted; and
(b) Electric Code, as adopted.
(B) Off-premises sign requirements. All off-premises signs shall require a conditional use permit and shall meet all the provisions of §§ 155.335 through 155.341. In addition, due consideration shall be given to the relationship between the sign(s) and the natural horizon/view shed in the area of the proposed sign location. In addition to the general provisions of this chapter, the following regulations shall apply to all off-premises signs.
(1) No off-premises sign shall be erected or placed closer than 500 feet from any residential district and/or dwelling unit.
(2) Off-premises signs shall be located no closer than 1,500 feet from all other off-premises signs.
(3) No illuminated sign shall be permitted within 1,500 feet of any dwelling unit or residential district without an approved conditional use permit. All illuminated signs shall be installed and maintained in accordance with §§ 155.195 through 155.204 so as to minimize spillage of light outside of the sign face.
(4) Off-premises signs shall not exceed a height of 40 feet. Height shall be measured from grade level directly below the face of the sign to the highest part of the sign.
(5) The maximum display area of any off-premises sign located adjacent to a two or more-lane street or highway shall not exceed 250 square feet on each face. The maximum display area of any off-premises sign located on the interstate shall not exceed 400 square feet on each face.
(6) All off-premises signs shall be placed or erected in conformity with all applicable side and rear yard setback requirements for structures. The minimum front yard setback requirement for on-premises or off-premises signs shall be five feet from any property line.
(7) A vehicle or trailer of any form or type, whether licensed or not, or in working condition or not, intended to be used as or in conjunction with an on-premises or off-premises sign, shall not be located adjacent to any public right-of-way or on private or public property so as to be visible from the public right-of-way. Vehicles or trailers whose primary use is other than outdoor advertising shall be exempt from this section.
(C) On-premises sign requirements.
(1) Number of signs per premises. Notwithstanding anything else in this section, no more than two signs may be erected or maintained on any one premises at any one time, except that when a premises is located on a corner lot and has public entrances on two or more public ways, or that a building has both a front and rear public entrance, one additional sign may be erected and maintained. In calculating the total number of signs on a premises, both permanent and temporary signs shall be combined in the total. A multi-faced sign shall count as a single sign. Signs enumerated in § 155.274 shall not be counted in calculating the total.
(2) Sign area. Notwithstanding anything else in this section, the total sign area per premises, including both permanent and temporary signs, shall not exceed the following:
(a) Wall, roof, canopy, and projecting signs. The total square feet of all walls, roof, and/or projecting signs shall be a sign area of two square feet for each one linear foot of street frontage shall be allowed not to exceed 50 square feet. Every premises shall be allowed a minimum of 50 square feet of sign area. Allowable sign area is not transferable from one frontage to another. An additional 50 square feet of sign area shall be allowed for every 100 feet of street frontage over first 250 feet of street frontage. On corner lots, each frontage shall be considered unique and separate in calculation sign area. Multi-faced signs shall be computed as one sign if the signs are parallel and are part of the same sign structure.
(b) Ground/pole signs. The total square feet of all ground/pole signs shall be a sign area of one square foot for each one linear foot of street frontage shall be allowed not to exceed 250 square feet. Every premises shall be allowed a minimum of 50 square feet of sign area. Allowable sign area is not transferable from one frontage to another. On corner lots, each frontage shall be considered unique and separate in calculation sign area. Multi-faced signs shall be computed as one sign if the signs are parallel and are part of the same sign structure.
(3) Sign height. Ground/pole signs shall not exceed a height of 30 feet. Height shall be measured from grade level directly below the face of the sign to the highest part of the sign.
(4) Projecting signs. In addition to the other provisions of this chapter, the following regulations shall apply to all projecting signs.
(a) No projecting sign shall project more than seven feet beyond the property line in the direction of the street. No portion of any projecting sign shall be closer than three feet to the face of the street curb or curb line as measured by a horizontal line from the curb or curb line to a vertical line parallel to the most projected portion of the sign. In the Central Commercial District (C-1), signs may project over the state highway and in all other zoning district, no signs shall project over state highway rights-of-way unless written permission is given by the appropriate state agency.
(b) No portion of any projecting sign shall be less than 14 feet above grade level if it is projecting over public a right-of way.
(c) No single face of a projecting sign shall exceed 32 square feet in area.
(d) No projecting sign shall have a vertical dimension greater than six feet.
(e) There shall be no more than one projecting sign for any premises unless the premises is located on a corner lot and has public entrances on two or more public streets, in which case one projecting sign may be erected and maintained for and toward each public way.
(5) Wall signs. In addition to the other provisions of this chapter, the following regulations shall apply to all wall signs.
(a) No wall sign shall extend above the top of the wall upon which it is placed.
(b) No wall sign, or any part thereof, shall project more than 12 inches from the wall upon which it is mounted.
(c) No wall sign shall extend beyond the vertical extremities of the wall to which it is attached.
(d) Refer to § 155.275(C)(2) for limits on sign area.
(e) A banner sign shall be considered as wall sign. An annual permit shall be obtained for each banner sign. The banner may be changed as long it does not exceed the square footage of the approved sign permit.
(6) Roof signs. In addition to the other provisions of this subchapter, the following regulations shall apply to all roof signs.
(a) No more than one roof sign may be erected or maintained on a single premises.
(b) All roof signs must be set back a distance of at least four feet from all the outside walls of the building on or over which they are located. It is the intention of this provision to provide a clear passageway around the sign.
(7) Ground/pole signs. In addition to the other provisions of this chapter, the following regulations shall apply to all ground/pole signs. Ground/pole signs shall be limited to one per street frontage except that businesses on frontages of 250 feet or more may erect two ground/pole signs with a minimum of 250 foot spacing between signs. However, the total sign area of both signs may not exceed that allowed for the street frontage.
(D) Miscellaneous signs.
(1) In addition to the other provisions of this chapter, the following regulations shall apply to all miscellaneous signs.
(a) In any commercial or industrial district, an area identification sign may be placed and shall not apply to the limits set forth in division (C)(2) above. All other provision of this chapter shall apply to any area identification sign.
(b) In any commercial or industrial district, a parasitic sign may be on a sign structure. The use of a parasitic sign shall be limited to 30 days. A parasitic sign may not be an off-premises sign.
(c) In any commercial or industrial zoning district, portable signs may only be displayed for 15 permit days per calendar year at any one business location. A separate permit shall be required for each sign. Permits for no more than two portable signs may be issued at a particular business location if the permits are of equal duration and run concurrently. Portable signs shall be secured against overturning.
(d) Each subdivision that has been approved in accordance with the regulations of Chapter 151 shall be allowed one on-premises sign per entrance, not exceeding 75 square feet in area, advertising the name of such subdivision. The subdivision sign shall be set back at least five feet from the property line. The signs should be aesthetically pleasing and blend into the surroundings.
(e) Approved temporary signs related to a community event are only allowed to be erected 30 days prior to the event and must be removed within ten days of the conclusion of the event. Temporary signs shall be approved by the Planning Official for size and location and must substantially conform to the regulations of this chapter. All non-event temporary sign permits are issued for 30 days, renewable twice for a maximum of 90 days. The temporary sign must be removed following the expiration of the temporary sign permit.
(f) Home occupation signs shall not exceed six square feet in area, and shall be limited to one such sign per approved home occupation. A home occupation shall be allowed to have one wall sign or one freestanding sign. The freestanding sign shall be located at least five feet from the property line and have a maximum height of five feet.
(2) The following signs shall be allowed without a permit but must comply with the criteria set forth below.
(a) Real estate sale, political campaign, and other noncommercial speech signs that do not exceed nine square feet in total and, if freestanding, five feet in height. No more than one such sign per street frontage. Political campaign signs may be erected 60 days prior to the scheduled date of the primary election and must be removed not later than seven days after the candidate is unsuccessful, withdraw, or the general election, whichever comes first.
(b) Businesses working at a residentially zoned lot, such as landscapers or window treatment installers, may post an identifying sign only when they are physically at the residence, and the sign shall be removed immediately when the working party leaves the property. Such sign shall not exceed nine square feet in total area and, if freestanding, shall not exceed five feet in height. No more than one such sign per street frontage per lot is allowed.
(c) For each permitted or required parking area that has a capacity of more than four cars, one sign not exceeding four square feet in area may be allowed at each entrance to or exit from such parking area. In addition, one sign not exceeding nine square feet in area is allowed for identifying or designating the conditions of use of such parking area.
(d) Not more than one non-illuminated “for sale” or “for rent” sign is allowed for the purpose of advertising the sale, rental, or lease of the premises on which the sign is located. Such sign shall not exceed nine square feet in size, shall be no more than five feet high and shall be at least five feet from the property line.
(e) For construction on or development of lots, not more than three “under construction” signs with a combined total area of 70 square feet, stating the names of contractors, engineers, or architects, is allowed during the time that construction or development is actively under way.
(f) Residential locator or E-911 signs are required for “emergency 911” signs.
(g) Directional signs shall not exceed 20 square feet.
(Ord. passed 2-3-2011, § 2.30.060) Penalty, see § 155.999
§ 155.276 APPLICATIONS AND PERMITTING.
(A) Every sign permit issued by the Zoning Administrator or designee shall expire by limitation, and become null and void, if the construction does not commence within 60 days from date of permit, and shall expire by limitation in 120 days from the date of permit. For good cause, the Director may extend the time limitations for another 120 days. Any extension granted shall be accompanied by a fee equal to one-half of the original permit fee paid to the city. Applications for a sign permit shall be made in writing upon forms furnished by the city.
(B) At a minimum, the following complete information shall be provided before an application is considered:
(1) Name and address of the sign owner and the contractor;
(2) Name and address of the property owner where the sign is to be located;
(3) The legal description of the proposed sign location;
(4) Clear and legible drawing of the proposed sign to scale with description of the sign showing construction type and lighting;
(5) Site plan showing the location and setbacks on the property where the sign is to be located;
(6) The property owner’s signature; and
(7) Other such data and information deemed necessary by the Zoning Administrator or her or his designee.
(Ord. passed 2-3-2011, § 2.30.070)
§ 155.277 OUTDOOR LIGHTING FOR OUTDOOR ADVERTISING.
(A) All lighted outdoor advertising signs/billboards shall meet or exceed the requirements outlined in §§ 155.195 through 155.204.
(B) Signs may be illuminated subject to the following restrictions.
(1) Signs that contain, include, or are illuminated by any flashing, intermittent (less than six seconds) moving light(s) are prohibited.
(2) Electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable message signs which function in the same manner as multi-faced signs are permitted, provided such signs do not interfere with traffic safety, do not change messages less than every six seconds and do not resemble or simulate traffic control or safety devices or signs.
(3) Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.
(Ord. passed 2-3-2011, § 2.30.080)
§ 155.278 SIGN MAINTENANCE.
(A) Any sign existing on the date of adoption of the ordinance codified herein which does not conform with the provisions of this code, is eligible for characterization as a “legal nonconforming sign” and is permitted to remain except as follows.
(1) The sign has been removed, relocated, or destroyed.
(2) The sign has been brought into compliance with this chapter.
(3) The sign is abandoned.
(4) The sign may be repaired if the expense of ordinary and customary maintenance does not exceed 50% of the depreciated value of the sign or if the same has not been damaged beyond 50% of its depreciated value by an act of God unless special circumstances warrant a variance by the Board of Adjustment, such as, but not necessarily limited to acts of vandalism or an accident.
(B) (1) Signs shall be maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of said signs.
(2) Signs requiring basic maintenance as deemed by the Planning Official shall be brought into compliance within 30 days upon written notice.
(C) (1) Signs deemed to be unsafe by the Planning Official shall be removed or brought into compliance within 24 hours upon written notice.
(2) Prior to the Planning Official deeming a sign unsafe, he or she shall obtain a professional opinion from an engineer licensed in the state stating that, in the best interest of public safety, said sign ought to be removed or otherwise brought into compliance.
(Ord. passed 2-3-2011, § 2.30.090)
§ 155.279 ENFORCEMENT OF SIGN ORDINANCE.
(A) In addition to any and all remedies allowed under the laws of the state and this chapter, a violation of any requirement of this chapter shall also be subject to the penalties as outlined in §§ 155.390 through 155.407 and § 155.999.
(B) (1) Whenever it shall be determined by the Zoning Administrator that any sign or sign structure has been constructed or erected or is being maintained in violation of the terms of this chapter or has been abandoned, said sign or sign structure is hereby declared to be unlawful.
(2) Any sign or sign structure found to be unlawful shall be made to conform to all applicable laws and regulations or shall be removed at the expense of the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(C) (1) The Zoning Administrator may cause to be removed any unlawful sign or sign structure. The city shall prepare a written notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation or condition is not corrected within 30 calendar days from the date of the notice, the sign shall be removed in accordance with the provision of this chapter at the expense to the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(2) Service of the notice shall be made upon the sign owner and landowner by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. If service is made upon the landowner, service shall be to the landowner at their address as it appears on the last equalized assessment role of the county.
(3) Any person receiving notice may challenge the determination of the Zoning Administrator. The person(s) receiving the initial notice will have 14 days to file a written notice of appeal to the Board of Adjustments. Failure by any person to appeal the notice within that time period shall constitute a waiver of right to an administrative hearing.
(4) The sign owner or landowner, if the sign owner is unknown, shall have 90 days to remove advertisements for establishments that are no longer in business.
(Ord. passed 2-3-2011, § 2.30.100)
§ 155.280 PERMITS AND FEES.
Upon making application for a sign permit, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. passed 2-3-2011, § 2.30.110)
LANDSCAPING AND BUFFERING REQUIREMENTS
§ 155.295 PURPOSE.
(A) The purpose of these regulations is to provide for the orderly, safe, healthful, and aesthetic development of the city and to promote the health, safety, and general welfare of the community.
(B) The objectives of these regulations are as follows:
(1) To aid in regulating and controlling vehicular and pedestrian circulation in parking areas;
(2) To enhance the environmental and aesthetic conditions of the community;
(3) To protect and enhance the value of property and to provide wildlife habitat; and
(4) To reduce heat and noise, wind and air turbulence, and the glare of sunlight and vehicle lights, erosion, and air pollution.
(Ord. passed 2-3-2011, § 2.32.010)
§ 155.296 LANDSCAPING REQUIRED.
Landscaping conforming to the standards set forth in this section shall be required in the following districts:
(A) All residential districts;
(B) All commercial districts;
(C) All industrial districts; and
(D) All planned developments.
(Ord. passed 2-3-2011, § 2.32.020)
§ 155.297 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BERM. An earthen mound designed to provide visual interest, screen undesirable views, and /or decrease noise.
CALIPER. Diameter of a tree trunk. The term CALIPER is used for trees less than 12 inches in diameter. For trees less than four inches in diameter, it is measured six inches from the ground. For trees between four inches and 12 inches in diameter, it is measured 12 inches from the ground.
CITY DEPARTMENT. Any and all departments of the city.
DBH (DIAMETER AT BREAST HEIGHT). The term DBH is used for trees with a diameter greater than 12 inches and is measured four and one-half feet above the ground.
DECIDUOUS. A plant with foliage that is shed annually.
DEVELOPED AREA.
(1) The area of a lot that is disturbed for the purpose of developing structures, parking facilities, loading or storage areas, paved access to off-street parking or loading areas or other areas paved with an all-weather material, or landscaped areas.
(2) For the purpose of calculating landscape points, it may be submitted in the form of the legal description of the property, or a scaled, dimensioned, and well defined area of development that is referenced on the site plan.
DEVELOPER. The legal or beneficial owner of a lot or parcel or any land proposed for development and/or inclusion in a development, including the owner of an option, contract to purchase or lease.
EVERGREEN. A plant with foliage that persists and remains green year-round.
GROUNDCOVER. An evergreen or deciduous planting less than 24 inches in height. Turf grass is excluded.
IRRIGATION SYSTEM. A permanent underground piping and sprinkler head system designed using industry standard methods to provide uniform irrigation coverage over a landscaped area.
LANDSCAPE ARCHITECT.
(1) A person registered to practice landscape architecture as provided by the State Board of Technical Professions.
(2) LANDSCAPE ARCHITECTURE means the performance of professional services such as planning, design, preparation of construction drawings and specifications, including the design and layout of roadways, service areas, parking areas, walkways, steps, ramps, pools, the location of buildings and other structures, and the grading of land, surface, and subsoil drainage, erosion control, planting reforestation, and the preservation of the natural landscape, in accordance with accepted professional standards.
LANDSCAPE BUFFER. A combination of living vegetation, such as trees, shrubs, grasses, or ground cover material planted or transplanted and maintained.
LANDSCAPE DESIGNER. Any person submitting a landscape plan who is not a licensed landscape architect, architect, or engineer, shall be “limited to consultation and preparation of plans and specification with respect to choosing types of plants and planning the location thereof.”
LANDSCAPE PLAN. The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural and human-made features such as plantings, ground and water forms, circulation, walks, structures, and other features to comply with the provisions of this chapter.
LANDSCAPED AREA. Any area that contains trees, shrubs, and/or groundcover that have been claimed for point credits.
MULCH. An organic material such as seed hulls, pine needles, or tree bark used to control weed growth, reduce soil erosion, and reduce water loss.
PARKING LOT. Any off-street, unenclosed ground level facility used for the purpose of temporary storage of motor vehicles. Enclosed parking facilities, such as single or multi-story garages or parking facilities constructed within the confines of a larger building or structure, or parking facilities associated with single-family and duplex residential development are not included within this definition.
PARKING LOT PLANTING. Plantings of hardy trees, shrubs, and/or ground cover required due to the construction of impervious surface parking to be planted within and/or around the perimeter of the parking lot area, excluding parking garages, decks, and covered parking.
PARKING LOT ISLAND. A planting island contained completely within the confines of a parking lot.
PARKING PENINSULA. A planting island that extends out into the parking area and is bounded on at least one side by the outer edge of the paving or a building.
PLANTING PLAN. The preparation of graphic and written criteria of plant placement, plant specification of type, size, and spacing, and other features to comply with the provisions of this chapter.
PLANTING SEASON. The most favorable time to plant trees in the city.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such RIGHT-OF-WAY and not included within the dimensions or areas of such lots or parcels.
SIGHT-PROOF FENCE. A solid opaque fence or wall that is a minimum of six feet in height and is made of wood, masonry, decorative metal, or other suitable material in compliance with the Building Code.
SIGNIFICANT TREE. Any existing tree with a caliper of six inches or greater that is determined to be in good health by a qualified professional (i.e., Urban Forester, Certified Arborist) following guidelines established by the International Society of Arboriculture.
SHRUB. A living self-supporting woody deciduous or evergreen species no less than eight inches in height, and no greater than 15 feet in height, which will remain full and attractive throughout the year.
SPECIMEN TREE. A particularly special example of a species because of its size, age, habit, or any trait that either epitomizes the character of species or makes the tree an unusual example of its species.
TREE. A living self-supporting woody or evergreen plant that normally grows to a minimum height of 15 feet, and which has one or several self-supporting stems or trunks and numerous branches.
TREE CLASSIFICATION TERMS. The terms “small tree,” “medium tree,” and “large tree,” which refer to the size of a tree at the time it is installed or retained (as outlined in § 155.300(A)(3)), regardless of its species.
TURF GRASS. Existing or installed grass that has been sodded, seeded, or hydro-mulched. TURF GRASS eligible for point credits must be located within the property lines of a development. The maximum credit for turf is 25% of the total landscape points required for any site. All TURF credited for points shall completely cover all exposed areas of soil after one full growing season.
XERISCAPE. A method of landscaping that emphasizes water conservation, accomplished by following sound horticultural and landscaping practices, such as planning and design, soil improvement, limited turf areas, use of mulches, use of low-water demand plants, efficient irrigation practices, and appropriate maintenance.
(Ord. passed 2-3-2011, § 2.32.030)
§ 155.298 GENERAL REGULATIONS.
All rules, regulations, conditions, and requirements set forth in this section are applicable as follows:
(A) Any development or construction with required yards in all zoning are subject to these regulations;
(B) A final landscape plan shall not be required for single-family or duplex development;
(C) Any alteration to existing building(s), development(s), or construction that alters the amount of gross floor area of the structure or building shall be required to come into compliance with landscaping requirements as follows:
(1) Any alteration to existing building(s), development(s), or construction that alters the amount of gross floor area of the structure or building shall require a minimum of ten points of landscaping be installed, plus two points of landscaping for every additional parking space provided for the building addition;
(2) The entire property shall come into compliance with the landscape code when the size of the building addition exceeds 100% of the size of the existing structure or building;
(3) If the site (including proposed building addition and parking areas) meets or exceeds current landscape standards, additional landscaping shall not be required; and
(4) If the site has insufficient green space to provide required landscaping, up to 10% of the number of parking spaces required for a building addition may be used for landscaping, however point values increase from two to ten points for each substituted parking space.
(D) The property owner, manager, or property owners’ association is responsible, in perpetuity, for maintaining all landscaping by keeping lawns mowed, all plants properly groomed and maintained as disease-free, and planting beds groomed, except in naturally occurring dense growths of underbrush or shrubs;
(E) An inspection of all plantings to ensure compliance with the submitted landscape plan is required prior to the issuance of a certificate of occupancy;
(F) (1) Nothing herein shall affect in any way the rights of, or exercise by, any public utility or city department of its present and future acquired rights to clear trees and other growth from lands used by the public utility or city department.
(2) The utility or city department shall cooperate and coordinate with the city when clearing or pruning in the rights-of-way.
(G) Landscaping within rights-of-way;
(1) Up to 25% of the required landscaping may be placed in the street right-of-way. The type and location of vegetation shall not interfere with utilities and the safe and efficient flow of street traffic. Approval by the appropriate city departments responsible for street and utilities shall be required; and
(2) No trees or shrubs shall be placed in the sight triangle for street intersection or street and driveway intersections as required in the § 155.182.
(H) Nothing herein shall reduce the lines of sight and traffic visibility standards adopted in this chapter. Plantings within 25 feet of an intersection shall not exceed a height of 18 inches;
(I) All pervious surface areas of public and private parks, playgrounds, playing fields, and other outdoor recreation facilities shall be excluded from the calculation of site points as required by these regulations;
(J) Property owners in all zoning districts shall be responsible for landscaping the area between the street rights-of-way line and the curb-line. In addition, this area shall not be hard-surfaced, other than a permitted driveway or sidewalk, and it shall not be used for parking;
(K) Any plant material shall meet the size requirements in § 155.300(A)(3);
(L) Turf grass shall be planted in such a manner as to completely cover all exposed areas of soil after one full growing season;
(M) No disturbed ground shall be left exposed. Grass and other approved and appropriate ground covers or mulch shall cover all non-paved and non-built developed area; and
(N) The homeowner, property owner, manager, property owners’ association, or homeowners’ association shall:
(1) Maintain the landscaping by keeping lawns mowed, all plants properly groomed and maintained as disease-free, and planting beds groomed, except in naturally occurring dense growths of shrubs or undergrowth; and
(2) Replace any required planting(s), which have been removed, are diseased, or no longer living within one year or the first planting season, whichever occurs first, except those in naturally occurring dense growths of shrubs or undergrowth.
Calculate Points. Determine the number of Site Points required for development, based on the size of the Developed Area, and the number of Parking Lot Points based on the number of parking spaces.
STEP 2
Determine Plant Requirements. Determine the quantity, type, and size of plant materials needed to meet point requirements.
STEP 3
Determine Additional Requirements. Determine whether Residential, Subdivision or other buffers apply to the development.
STEP 4
Develop a landscape plan. Develop a landscape or planting plan with plantings that meet point requirements, including any applicable buffer(s).
(Ord. passed 2-3-2011, § 2.32.050)
§ 155.300 LANDSCAPE REQUIREMENTS.
(A) Planting requirements/point system.
(1) The developer may use any combination of plantings to obtain the necessary number of points required for the development. Different lots and landscapes will lend themselves to different types of plantings. These regulations attempt to encourage creativity and diversity in landscaping.
(2) Landscaping within any developed area must equal or exceed a minimum number of points in order to obtain approval. Site points are determined by the size of the developed area, and parking lot points are determined by the number of parking spaces.
(a) Number of points required for the developed area are as follows.
Size of Developed Area
Number of Points Required
1 to 5,000 square feet
Site Points = 25
Parking Lot Points = Two points per required parking space and one point for each proposed additional parking space
More than 5,000 square feet
Site Points = 25, plus one point for each additional 200 square feet of developed area
Parking Lot Points = Two points per required parking space and one point for each proposed additional parking space
(b) Exemptions from site points for the developed area include:
1. Industrial use units, and transportation facilities: the number of required points shall be derived from the parking space calculation only (three points per each required parking space).;
2. Single-Family and Duplex Residential; and
3. Developments within C-1.
(c) When only a portion of a large tract is developed (e.g., one acre of a ten-acre tract), only the developed area shall be considered when determining the number of points required.
(d) Examples of retail development are as follows.
Description of Property
Developed Area = 20,000 square feet
Required Parking Spaces = 20
Proposed Parking Spaces = 30
Requirements
Site Points for sites over 5,000 square feet require 25 points plus one point for each additional 200 square feet.
Parking Lot Plantings require two points for each required parking space and one point for each additional parking space.
Calculation of Points
Site Points for 5,000 square feet
25
Additional 15,000 square feet (÷ by 200)
+ 75
Site Points
= 100
Two points x 20 required parking spaces
40
One point x 10 additional parking spaces
+ 10
Parking Lot Points
= 50
Total Points Required (100 Site Points + 50 Parking Lot Points)
150
(3) Landscaping point values are as follows.
Type of Plant Material
Minimum Size (at time of planting)
Point Value
Type of Plant Material
Minimum Size (at time of planting)
Point Value
Large Tree
8-inch or greater caliper
26
7-inch caliper
24
6-inch caliper
22
5-inch caliper
20
4-inch caliper
11-12 feet height
18
3-inch caliper
9-10 feet height
15
Medium Tree
2-inch caliper
7-8 feet height
12
Small Tree or Ornamental Tree
Single trunk: 1-inch caliper
5-6 feet height
9
Multiple Trunk (minimum 3 trunks): 6-foot height, and the smallest trunk 1-inch caliper minimum
9
Large Shrub
5 gallon, 24-inch height at planting
3
Medium Shrub
3 gallon, 12-inch height at planting
2
Small Shrub
2 gallon, 8-inch height at planting
1
Ornamental Grasses
1 gallon
1/2
Groundcover
1 gallon
1/4
4-inch pots
1/2
Existing Significant Tree
6-inch caliper (see 7-42)
22 to 50
Landscaped Berm
30-inch height; 10-foot length, 3:1 slope
1 per 5 linear foot
Turf Grass
N/A
1/4 per square yard
(4) A minimum of 60% of required points shall be used for landscaping in the front and side yards;
(5) A minimum of 25% of required points shall be used for evergreen plantings; and
(6) A maximum of 25% of required points may be used for turf grass.
(B) Landscaping requirements for single-family residential and manufactured home residential use units in the following districts: R-1, R-2, R-3.
(1) All required perimeter yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas (e.g., woods or thickets).
(2) Within the perimeter yards, there shall be at least one medium tree planted and/or maintained for every 75 feet, or fraction thereof, of frontage with a minimum of one tree per lot.
(C) All non-residential and commercial use units in the following districts: R-1, R-2, R-3, C-1, GI, and PD.
(1) All required front, side, and rear yards shall be landscaped, except walkways, parking, pertinent equipment, drainage utilities, and other accessory structures permitted by this subchapter. The landscaping of these yards shall consist of a combination of living vegetation, such as trees, shrubs, grasses, or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas (e.g., woods or thickets).
(2) All trees and shrubs shall be planted, maintained, or transplanted in accordance with the standards of the American Standard for Nursery Stock (a copy of which is on file in the city office). All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance.
(D) Required landscaping for industrial use units, and transportation facilities in the following districts: C-1, GI, and PD.
(1) (a) For each required parking space, three points shall be used to plant parking lot plantings.
(b) If the parking lot is located in the rear of the building, up to 50% of the parking lot points may be used along public frontage or around the building.
(2) For industrial development abutting a street designated as a freeway or expressway by the street plan, landscaping shall be provided according to the following:
(a) For each 20 linear feet, or fraction thereof, of that portion of the developed area abutting a freeway/expressway right-of-way, at least one medium tree shall be planted on the developed area. The tree shall be planted within 20 feet of the right-of-way.
(b) A vegetative buffer consisting of trees, shrubs, and/or berms shall be provided around all parking lots and outside storage areas not screened by buildings from the freeway/expressway. The vegetative buffer shall be at least three feet in height and shall be placed along the freeway/expressway frontage of the parking lots and outside storage areas.
(3) (a) For industrial development abutting a street other than a freeway or expressway, landscaping shall be provided according to the following:
(b) For each 40 linear feet or fraction thereof, of that portion of the developed area abutting a street right-of-way, at least one medium tree shall be planted on the developed area. The tree shall be planted within 20 feet of the right-of-way.
(4) Uses within the ILR or IH District, when located across any street from any use other than industrial, shall provide a continuous five-foot minimum landscape buffer on the outside of any required fence.
(E) Automotive parking lot landscape requirements for the following districts: R-1, R-2, R-3, C-1, GI, and PD.
(1) The purpose of parking lot islands and/or parking lot peninsulas is to help reduce glare and heat buildup; to promote interior islands for pedestrian safety and traffic separation; to visually break up large expanses of pavement; and to reduce surface runoff.
(2) All non-covered, street-level parking facilities established and governed by this subchapter shall be landscaped in accordance with the following requirements.
(a) In addition to the number of site points required, two additional points are added to the site for each required parking space. Any proposed parking space in excess of the number of required spaces shall require one point of landscaping. These points must be used to plant parking lot plantings. The plantings may be located:
1. Around the perimeter of the lot to provide a uniform and attractive design; and/or
2. Within parking lot islands, peninsulas, and/or landscaped areas within the developed parking lot.
(b) Each parking lot island and/or peninsula shall be a minimum of 171 square feet (the minimum area of a single parking space) with a minimum average width of five feet.
(c) Each parking lot island and/or peninsula shall contain a minimum of one tree.
(d) The distance between any parking space and a landscaped area shall be no more than 75 feet.
(e) Required parking lot plantings shall be in-ground and not placed upon a paved surface.
(f) All parking lot planting areas shall be protected with concrete curbs, or equivalent barriers. Bumper blocks shall not be used for boundaries around the landscaped area.
(g) Each tree shall be planted a minimum of two feet away from the outside of any permanent barrier of a landscaped area or edge of the parking area.
(h) Ground cover or grasses shall be planted to cover each parking lot planting area within three years from the date of issuance of the certificate of occupancy. All ground cover shall have a mature height of not more than 24 inches. Loose rock, gravel, decorative rock or stone, or mulch shall not exceed 20% of the parking lot planting area.
(i) Space devoted to required parking lot planting areas shall be in addition to any required front, side, and rear yard buffer requirements.
(j) Stand-alone parking lots shall require two points of landscaping for each parking space.
(F) Exceptions to automotive parking lot landscaping requirements. The requirements of this section shall not apply to:
(1) Parking garages or parking decks;
(2) Display areas for uses in the following use units:
(a) Automotive sales and rentals;
(b) Automotive and equipment: sales and rentals, light equipment; and
(c) Automotive and equipment: sales and rentals, farm and heavy equipment.
(3) Parking lots of existing developments, legally established prior to the adoption of these regulations, unless there is additional square footage added to the parking area, in which case, one point worth of landscaping shall be added for each additional proposed parking space.
(G) Sight-proof screening and security fences.
(1) For properties located in multi-family, office, or commercial or industrial districts, a sight-proof fence on the front property line and/or side property line(s) abutting a street may be erected, provided a five-foot wide landscape buffer shall be required on the outside of the fence.
(2) A security fence in the front yard, not to exceed a height of eight feet, may be erected when permitted in industrial zoned districts and neighborhood and public utility facilities. Such security fences may be topped with strands of barbed wire when the height of the barbed wire is over six feet from grade. When located on a property across any street from residential, office, and commercial zoned districts, a five-foot wide landscape buffer located on the outside of the fence shall be required.
(3) When property within an industrial zoned district, or neighborhood and public utility facilities is separated by a local residential, collector, or arterial street from a residential district or use, no industrial use shall be made of the property until the owner/developer has erected sight-proof fence along a side or rear property line or along the front building or property line. In such cases, a five-foot wide landscape buffer, located on the outside of the fence shall be required on the front and side property lines. If there is any outdoor work, sales, display, and/or storage areas in the required front yard, a sight-proof fence and a five-foot wide landscape buffer, located on the outside of the fence, shall be required along the front property line.
(4) Sight-proof screening or fencing required for any landscape buffer may be credited with two landscape points per every 20 linear feet if constructed of upgraded building materials, such as masonry (limited to brick, split-face concrete block, stone, or cultured stone), decorative pre-cast concrete fence systems, or decorative iron.
(H) Residential buffers.
(1) On any office, commercial, industrial, planned development, or multi-family development (three or more units) adjacent to a single-family or duplex residential district or use, a landscaped buffer along the property line(s) of the developing property is required. The buffer shall run the entire length of the abutting lot line(s).
(2) The type of buffer may consist of any or all of the following:
(a) A solid fence not less than six feet in height, with either:
1. A landscape buffer, minimum five feet in width, located on the inside of the fence; or
2. Trees spaced 25 feet on center.
(b) A landscaped buffer no less than six feet in width, planted with a series of evergreen plantings at least six feet in height and spaced in a manner to provide an impervious visual barrier; or
(c) A natural, undisturbed wooded area at least 20 feet in width.
(I) Subdivision buffers. All residential developments adjacent to arterial streets shall provide a landscaped buffer, located on the outside of any subdivision fence, consisting of any combination of trees, shrubs, groundcovers, earthen berms, and/or rock or stone accents, arranged in a manner to achieve visual continuity.
(1) The buffer shall contain a minimum of four points for every 20 feet of frontage.
(2) If the buffer is provided within the right-of-way, it shall be located within ten feet of the property line along the entire adjacent public street frontage, exclusive of driveways and accessways at points of ingress and egress.
(3) No trees, shrubs, fences, berms, or other landscape improvements that would impede visibility shall be located in sight triangles.
(4) The type and location of plantings within the public rights-of-way shall not interfere with utilities. Plantings whose mature height exceeds 15 feet shall not be planted beneath overhead utility lines. Approval by the appropriate city departments responsible for street and utilities shall be required.
(Ord. passed 2-3-2011, § 2.32.060)
§ 155.301 LANDSCAPE PLANS.
At the time of submission for a building permit, and also at the time of application for all planned developments and conditional use permits, a landscape plan, separate and apart from other required plans, shall be submitted and made a part of the file. No landscape plans are required for single-family or two-family residential developments.
(A) Landscape plans may be prepared by any of the following:
(1) A planting plan may be submitted by any person, provided the plan is limited to plant specification and placement only;
(2) A landscape architect registered in the state; and
(3) A licensed architect or professional engineer licensed in the state, provided the services are incidental to the performance of his or her normal practice as an architect or engineer.
(B) All landscape plans shall include the following information:
(1) North arrow and scale;
(2) The location of existing property lines and dimensions of the tract, accurately drawn to scale;
(3) Exact locations and outline of all rights-of-way (both existing and proposed by the street plan of streets);
(4) The location of all existing and proposed buildings and parking areas, including the exact number of parking spaces provided;
(5) The location and size of any permanent fixture or structure, including but not limited to sidewalks, walls, fences, trash enclosures, project storage, lighting fixtures, signs, and benches which are relevant to the landscape plan;
(6) (a) The location, size, and type of all above-ground and underground public utilities with notation, where appropriate, as to any safety hazards to avoid during installation of landscaping; and
(b) Alternatively, a letter of no objection provided by the utility company may be provided.
(7) The location, size, type, spacing (on center), and quantity of all proposed plant materials and existing plant materials credited for points shall be graphically represented and referenced on the plan by a common name and an appropriate key of all plant species;
(8) Detailed sprinkler diagram or irrigation plan showing coverage. If an automatic irrigation system is not proposed, the location of all required hose connections and other watering sources shall be noted;
(9) All screening required by these regulations; and
(10) A table listing the square footage of the developed area, number of proposed parking spaces, and all plant materials by common name, size, type, quantity, and point value and totals.
(C) Consideration should be given to the location of trees so that when they reach mature height, they do not interfere with utility wires. In addition, as required in other sections of this code, property owners shall keep vegetation trimmed so that it does not obstruct the free, convenient, and safe travel over and along streets and sidewalks.
(D) A certificate of occupancy, for any use, shall not be issued until the required landscaping has been installed in accordance with the landscape plan, and it shall be illegal for any person, firm, or corporation to occupy or operate a business in any new structure or building addition for which landscaping, as shown by the plans, is not provided; except that, if a structure and all site improvements are complete except for the required landscaping, and it is not the planting season (May through September), temporary occupancy may be permitted for a period of six months, or until the next planting season, whichever comes first. If the required landscaping has not been completed by the required time, the property owner shall be in violation of this chapter and subject to the penalties set forth herein.
(Ord. passed 2-3-2011, § 2.32.070) Penalty, see § 155.999
§ 155.302 LANDSCAPE IRRIGATION REQUIREMENTS.
(A) The property owner shall be responsible for the irrigation of all required landscape areas and plant materials, with exception of natural areas and xeriscape plantings, utilizing one or a combination of the following methods:
(1) An automatic or manual underground irrigation system (conventional spray, bubbler, and the like), equipped with a rain and freeze sensors;
(2) An automatic water-saving irrigation system (drip, porous pipe, leaky pipes, and the like) equipped with a rain and freeze sensors; and
(3) A hose attachment within 100 feet of all required landscape areas and plant materials.
(B) The irrigation method used shall be in place and operational at the time of the landscape inspection for certificate of occupancy; and shall be maintained and kept operational at all times to provide for efficient water distribution.
(C) Landscape areas utilizing xeriscape plants and installation techniques may use a temporary and above-ground system and shall be required to provide irrigation for the first three years only.
(D) Landscape plans shall indicate, by a detail, a drawing or, by specification in a note on the site plan, the type and location of irrigation that will be used. Plans should be specific enough to show that adequate irrigation would be provided to all required landscape areas and plant materials.
(E) No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.
(Ord. passed 2-3-2011, § 2.32.080)
§ 155.303 EXISTING TREE CREDIT.
In order to encourage the preservation of the city’s older trees, credits toward required points may be given in the event existing trees are preserved.
(A) Landscape points shall be applied for each existing significant tree of the following sizes.
Size of Existing Significant Tree
Landscape Points Applied
Size of Existing Significant Tree
Landscape Points Applied
6-inch caliper
22
7-inch caliper
24
8-inch to 10-inch caliper
26
10.1-inch caliper to 15-inch DBH
30
15.1-inch to 20-inch DBH
35
20.1-inch to 25-inch DBH
40
Over 25-inch DBH
50
(B) Trees for which an owner/developer wishes to receive credit must be in the developed area; however, no more than 25% of the total points may be located within the public rights-of-way.
(C) Any significant tree claimed for points that dies during construction, or as a result of construction, shall be replaced with a tree (or trees) to equal or exceed the point of value of the lost tree.
(Ord. passed 2-3-2011, § 2.32.090)
§ 155.304 HEALTH, SAFETY, AND AESTHETIC BARRIERS.
(A) (1) Whenever property in one zoning category abuts property of a more restrictive zoning category and the property in the less restrictive category is being developed, the Zoning Administrator may require, as a condition of the building permit, such barriers be constructed by the developer as are deemed necessary and appropriate for the protection of the more restrictive area.
(2) The zoning from most restrictive to least restrictive is as follows: AG, R-1, R-2, R-3, C-1, and GI and in any planned development with similar uses. Such devices may include fences, hedges, traffic controls and patterns, or any other device reasonably necessary to attain the goals sought.
(3) For purposes of this section, PROPERTY OF ONE ZONING CATEGORY shall be deemed to abut another zoning category whenever two properties directly abut.
(B) The division (A) above shall not apply to of an R-2 property abutting an R-1 district.
(C) In commercial and industrial districts, outside storage of goods or materials shall be prohibited in any area on the street frontage of a building.
(Ord. passed 2-3-2011, § 2.32.100)
NONCONFORMING USES
§ 155.315 PURPOSE AND INTENT.
The purpose of this subchapter 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.
(Ord. passed 2-3-2011, § 2.34.010)
§ 155.316 CONTINUATION OF NONCONFORMING USES.
Subject to the provisions of this subchapter, the lawful use of a premises or a building or structure existing immediately prior to the effective date of the ordinance codified herein or any amendment thereto may be continued although such use does not conform to the provisions hereof except as otherwise provided in this subchapter.
(Ord. passed 2-3-2011, § 2.34.020)
§ 155.317 CHANGE OF NONCONFORMING USE.
(A) (1) If no structural alterations or additions are made, a nonconforming use may be changed to another nonconforming permitted use of the same or a more restrictive classification.
(2) For the purposes of this chapter, each of the following classifications shall be considered to be MORE RESTRICTIVE:
(a) Agricultural;
(b) Single-Family Residential;
(c) One- and Two-Family Residential;
(d) Multi-Family Residential;
(e) General Commercial; and
(f) General Industrial.
(B) 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.
(Ord. passed 2-3-2011, § 2.34.030)
§ 155.318 EXTENSION OR ENLARGEMENT.
(A) Definition. 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 premises is located or required to do so by law or order.
(B) Exception. However, if a building or structure is legally conforming as to use, but legally nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to, provided that the enlargement or addition complies with the off-street parking requirements of the district in which the building or structure is located and further does not encroach into any required setback beyond the building line established by the existing building or structure.
(C) Restrictions.
(1) No legally nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.
(2) Nothing in this section shall prohibit the expansion of the legal nonconforming use if the property is for a single-family dwelling and any expanded use complies with yard, height, lot coverage, and use requirements for R-1 Zoning.
(Ord. passed 2-3-2011, § 2.34.040)
§ 155.319 RESTORATION AFTER DAMAGE.
(A) When the use of a building is nonconforming as defined by this title and such a building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than 50% 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.
(B) When damaged by less than 50% of its value, a legal nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
(Ord. passed 2-3-2011, § 2.34.050)
§ 155.320 DISCONTINUATION OF NONCONFORMING USES.
In the event that a nonconforming use is discontinued for more than one year, the Board of Commissioners may adopt, after notice by certified mail to the property owners, an amortization schedule to bring about the gradual elimination of such nonconforming use.
(Ord. passed 2-3-2011, § 2.34.060)
§ 155.321 EFFECT ON USE WHICH IS ILLEGAL UNDER PRIOR LAW.
Nothing in this chapter 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 the ordinance codified herein or any amendment thereto.
(Ord. passed 2-3-2011, § 2.34.070)
§ 155.322 EXISTING SMALL LOTS.
Where an individual lot is held in separate ownership and complies with all applicable zoning and subdivision requirements, except for the minimum lot size requirement of the zoning district in which it is located, such lot may be developed for any permitted uses or conditional uses specified in that zoning district except for duplex or multi-family development.
(Ord. passed 2-3-2011, § 2.34.080)
AUTHORIZING CONDITIONAL USES
§ 155.335 GENERAL.
(A) The city recognizes that diversity and the blending of compatible uses is essential to a healthy and dynamic community.
(B) Toward that end, the following procedure is established to properly integrate conditional uses with permitted uses in the district.
(C) The Planning and Zoning Board may authorize by conditional use permit the uses designated in this chapter when located in a zoning district allowing such use.
(D) The Planning and Zoning Board shall impose such conditions as are appropriate and necessary to ensure compliance with the Comprehensive Plan and protect the health, safety, and general welfare in the issuance of such conditional use permit.
(Ord. passed 2-3-2011, § 2.36.010)
§ 155.336 APPLICATION PROCEDURE.
(A) A property owner or a designated representative may apply to the city for a conditional use, using forms available from the Zoning Administrator. If the request is by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application fees.
(B) (1) An applicant shall submit a preliminary development/redevelopment plan to the Planning and Zoning Board.
(2) The plan shall include, but not be limited to:
(a) The location and legal description of the property;
(b) Position, size, and use of all structures, improvements, and facilities to be constructed/reconstructed;
(c) Location of all points of ingress and egress and internal traffic circulation pattern;
(d) If applicable, landscape, lighting, and drainage plan;
(e) Parking plan; and
(f) Such other architectural and engineering data as may be required by the Planning and Zoning Board.
(C) The city shall set a date for public hearing on the request. Said date for the public hearing shall be a day when the Planning and Zoning Board is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the Planning and Zoning Board for holding public hearings on such requests, or the Planning and Zoning Board may designate a special meeting at which to hear a requested conditional use application. The Planning and Zoning Board shall act on all applications within 90 days of submission of the application, or the application shall automatically be approved; provided, however, that, the applicant may waive this requirement in writing and consent to the extension of the period.
(D) Notification of surrounding property owners, tenants, and interested parties shall be accomplished by the following.
(1) A sign noting the fact that a conditional use permit request is pending shall be posted on the site not less than ten calendar days before the public hearing before the Planning and Zoning Board. The sign shall be maintained on the site until the final action has taken action on the request or the petition is withdrawn. Approved signs shall be secured from the city who shall require a reasonable deposit sufficient to cover the cost of replacement of the sign or signs and who shall determine the number and location of the sign or signs to be posted on the site addressed in the petition for conditional use permit.
(2) The petitioner shall submit postal receipts to demonstrate a good faith attempt to notify by certified letter with return receipt all property owners within 250 feet, inclusive of public right-of-way, of the site measured from the perimeter of the lot or lots which contain the buildings and area dedicated to the proposed use. The certified mailings shall include the date set for the hearing before the Planning and Zoning Board and contemplated uses, and shall be on a form provided by the city. The property owners listing shall be prepared by the city and based on the County Director of Equalization office records of ownership and addresses. Notices are to be sent by the applicant to all parties on the aforementioned list by certified mail with return receipt requested no less than ten calendar days prior to the public hearing on the request held by the Planning and Zoning Board.
(3) The Planning and Zoning Board shall hold its public hearing, having given ten days notice of the date, place, and time of the hearing in the city’s designated legal newspaper.
(E) The Planning and Zoning Board may impose such conditions regarding the location, character, or other features of the proposed use or buildings as it may deem advisable in the furtherance of the general purposes of this chapter. The Planning and Zoning Board shall makes its decision, fully setting forth its findings and conditions, if any, for approval. Any decision to grant a conditional uses shall be based upon and accompanied by a statement regarding:
(1) The objectives of the Comprehensive Plan;
(2) The purpose of this chapter and its relevant zoning districts when making a decision to approve or disapprove a conditional use permit; and
(3) The following conditional use standards:
(a) The location, character, and natural features of the property;
(b) The location, character, and design of adjacent buildings;
(c) Proposed fencing, screening, and landscaping;
(d) Proposed vegetation, topography, and natural drainage;
(e) Proposed pedestrian and vehicular access, circulation, and parking, including that related to bicycles and other unpowered vehicles and provisions for handicapped persons;
(f) Existing traffic and traffic to be generated by the proposed use;
(g) Proposed signs and lighting;
(h) The availability of public utilities and services;
(i) The objectives of the adopted Comprehensive Plan and the purpose of the ordinance codified herein;
(j) The overall density, yard height, and other requirements of the zone in which it is located;
(k) The effects of noise, odor, smoke, dust, air, and water pollution and the degree of control through the use of clarifiers, screening, setbacks, and orientation; and
(l) The degree to which conditions imposed will mitigate any probable adverse impacts of the proposed use on existing adjacent uses.
(Ord. passed 2-3-2011, § 2.36.020)
§ 155.337 APPEALS.
(A) (1) The decision rendered by the Planning and Zoning Board on a conditional use permit may be appealed to the Board of Commissioners. Any person or party has the right to appeal the decision of the Planning and Zoning Board regarding any conditional use permit.
(2) Appeals must be made in writing and filed with the city by close of business on the fifth working day from the Planning Commission’s decision. When an official appeal has been filed, the Board of Commissioners shall conduct a public hearing to act on all applications which have been appealed to them for public hearing as provided in this section.
(B) Upon the filing of any appeal of the Planning Commission’s decision of a conditional use permit with the Planning Department, the applicant shall pay to the city an administration fee of $100.
(C) Upon the filing of any appeal of a Planning and Zoning Board decision of a conditional use permit, the city shall set a date for public hearing on the request. Said date for the public hearing shall within 30 days of the appeal and shall be a day when the Board of Commissioners is regularly scheduled to meet.
(D) The city shall mail a notification of the appeal to all land owners as identified in the original mailing as required in § 155.336(D)(2). Notices are to be sent by the city to all parties on the aforementioned list by first class mail no less than ten calendar days prior to the public hearing on the request held by the Board of Commissioners.
(E) (1) The Board of Commissioners shall review the decisions and recommendations of the Planning and Zoning Board of all applications coming before the Board of Commissioners as provided in this chapter.
(2) The Board of Commissioners, in making its determination of such applications, may make changes in accordance with or in rejection or modification of the recommendation of the Planning and Zoning Board. Any modification to the Planning and Zoning Board decision shall be in compliance to the conditional use permit criteria stated in § 155.336(E) inclusively.
(Ord. passed 2-3-2011, § 2.36.030)
§ 155.338 GOVERNING BODY PERCENTAGE OF VOTE REQUIRED FOR APPROVAL OF CONDITIONAL USE PERMIT.
Whenever a vote of the Planning and Zoning Board as set forth in this chapter is necessary for the approval of a conditional use permit, such approval shall be obtained by receiving the affirmative vote of not less than a majority (51%) of the Planning and Zoning Board members in attendance and voting. Whenever a vote of the Board of Commissioners is required under this chapter pursuant to an appeal of a conditional use permit matter, any decision approving the conditional use permit application on appeal, with modifications or otherwise, shall be obtained by receiving the affirmative vote of a majority (51%) of the Board of Commissioners in attendance and voting.
(A) Approved plans shall not be changed, modified, or altered without authorization from the Planning and Zoning Board giving final approval, and all work shall be completed and enforced in accordance with the approved plans. The conditions of approval of a conditional use permit may be amended.
(B) Amendments are considered major or minimal and are addressed in the following manner.
(1) Major amendments shall be processed in the same manner as required for a separate conditional use permit. A major amendment is required when:
(a) A change to specific stipulations addressed in the initial approval or a subsequent amendment;
(b) The structure and/or occupied site is substantially enlarged. A structure is considered to be substantially enlarged when the gross square footage increases by 20% or 2,000 square feet, whichever is less. The land or site which supports the use is considered to be substantially enlarged when the gross square footage of the occupied site increases by 10% or 10,000 square feet, whichever is less; and
(c) The Zoning Administrator determines that the proposed change is major and requires public hearing review.
(2) (a) Minimal amendments must be reviewed and approved by the Zoning Administrator. A minimal amendment involves a change to the site plan affecting any or all of the following: parking, circulation, landscaping, and lot coverage by buildings or building setbacks.
(b) The Director shall determine that the proposed modification to the site will not have a significant adverse impact on neighboring properties, the street network, or the appearance of the property in approving a minimal amendment.
(c) The Director shall consider the criteria outlined in § 155.336(E) inclusively to determine if the proposed modifications still meet the requirements of a conditional use permit.
(d) The Zoning Administrator shall file a memorandum explaining the changes with the original conditional use permit file or major amendment file.
(Ord. passed 2-3-2011, § 2.36.040)
§ 155.340 EXPIRATION AND RENOVATIONS.
(A) A conditional use permit approved shall expire if the primary use proposed under the conditional use permit has not been undertaken and completed according to the terms and conditions of the conditional use permit within two years of the approval of the conditional use permit. A conditional use permit is considered approved upon the effective date of the Planning and Zoning Board or Board of Commissioners’ action, resolution, or ordinance relating thereto.
(B) A conditional use permit approved shall expire one year after the use discontinues on the premises.
(C) The use is changed to another permitted use in the underlying district.
(D) Upon written request to the Director and prior to the conditional use permit expiration date, the Director shall place the extension request on the next regular scheduled Planning Commission meeting. The Planning and Zoning Board may extend the period of the conditional use permit where it is warranted in light of the relevant circumstances, including, but not limited to the size and phasing of the development, economic cycles, and market conditions. The Planning and Zoning Board may grant one two-year extension to the original conditional use permit or major amendment. If a longer extension is requested, the extension shall be processed as a major amendment and shall follow all procedures required in § 155.339(B)(1).
(E) (1) A conditional use permit may be revoked only for cause consisting of failure to maintain the standards required for the conditional use permit.
(2) A notice of intent to revoke a conditional use permit shall be given in writing 30 days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the city may have imposed.
(3) If, during that period, proof of compliance is made by the holder of the conditional use permit, the conditional use permit shall be continued in force.
(4) If a hearing has been requested following receipt of notice of intent to revoke, the Planning and Zoning Board shall hold a public hearing on the matter and make a final determination on the revocation.
(Ord. passed 2-3-2011, § 2.36.050)
§ 155.341 DENIAL OF REQUEST.
In the event the request for a conditional use permit is denied by the Planning and Zoning Board or the Board of Commissioners, re-application shall not be permitted for a period of one year, unless the Zoning Administrator determines that the request has substantially changed.
(Ord. passed 2-3-2011, § 2.36.060)
AMENDMENTS
§ 155.355 STANDARDS FOR AMENDMENTS.
A proposed amendment shall be considered on its own merits using the following criteria as a guide.
(A) Text or map amendments. Proposed amendments shall:
(1) Be necessary because of substantially changed or changing conditions of the area and district affected, or in this chapter generally;
(2) Be consistent with the intent and purposes of this chapter;
(3) Not directly or indirectly adversely affect any other part of this chapter; and
(4) Be consistent with and not in conflict with the Comprehensive Plan.
(B) Errors or oversights as may be found in this chapter as originally adopted shall be corrected under the normal amendment procedure.
(Ord. passed 2-3-2011, § 2.38.010)
§ 155.356 TEXT AMENDMENTS.
Text amendment requests shall be filed with the Zoning Administrator. Requests may be initiated by the Planning and Zoning Board or Board of Commissioners.
(A) Proposed amendment. The proposed amendment shall be presented at a regularly scheduled meeting of the Planning and Zoning Board, at which time the Board may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.
(B) Hearing by the Planning and Zoning Board. The Planning and Zoning Board shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning and Zoning Board shall forward its recommendation to the Board of Commissioners.
(C) Hearing by Board of Commissioners. The Board of Commissioners shall publish legal notice not less than ten days prior to the public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Planning and Zoning Board, the Board of Commissioners shall make a final determination within 30 days from the date of the hearing.
(Ord. passed 2-3-2011, § 2.38.020)
§ 155.357 REZONING REQUESTS.
An application for a rezoning shall be filed with the Zoning Administrator. Rezoning requests may be initiated by either the property owner or a designated representative or by an appropriate governmental agency. If by a designated representative, the designation shall be in writing, signed by the property owner, and filed with the application.
(A) Appearance. The applicant shall appear before the Planning and Zoning Board to present the application, at which time the Planning and Zoning Board may initiate a study of the request. If in the opinion of the Planning and Zoning Board a study is not required, a public hearing shall be set.
(B) Notification procedure. The applicant shall notify by certified letter, at least ten days in advance of the public hearing, the owners of equity of all property in the city limits within 250 feet, inclusive of streets and alleys, from any part of the property subject to the rezoning, of the date, place, and time of the public hearing. Such notification shall fully set forth a description of the development plan for the property, if any, in the event the rezoning request is approved.
(C) Hearing by the Planning and Zoning Board. The Planning and Zoning Board shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning and Zoning Board shall forward its recommendation to the Board of Commissioners.
(D) Hearing by Board of Commissioners. The Board of Commissioners shall publish legal notice not less than ten days prior to the public hearing. After taking into account all pertinent information and the recommendation of the Planning and Zoning Board, the Board of Commissioners shall make a final determination within 30 days of the date of the hearing.
(Ord. passed 2-3-2011, § 2.38.030)
§ 155.358 PROTEST.
(A) Approval or denial of any application for a zoning district classification shall be by a majority of all members of the Board of Commissioners. After publication of the Board of Commissioners’ approval as provide for in SDCL § 9-19-7, the zoning district classification change shall take effect unless the referendum be invoked, or unless a written protest be filed with the City Clerk, signed by at least 40% of the owners of equity in the lots included in any proposed district and the lands within 250 feet from any part of such proposed district.
(B) A CORPORATION shall be construed to be a sole owner and, when parcels of land are in the name of more than one person, owner representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners.
(C) If a protest is filed, the ordinance does not become effective unless the ordinance is approved by a resolution by two-thirds of the Board of Commissioners at its next regularly scheduled meeting. The protest provisions of this section do not apply to any ordinance regulating or establishing floodplain areas.
(Ord. passed 2-3-2011, § 2.38.040)
BOARD OF ADJUSTMENTS
§ 155.370 VARIANCES.
(A) The purpose of the variance is to modify the strict application of the specific requirements set out in each zoning district in conditions where such strict application would result in practical difficulty or unnecessary hardship depriving an owner of the reasonable use of his land.
(B) The variance shall be used only where necessary to overcome some condition which prevents an owner from using his or her lot as this chapter intended.
(Ord. passed 2-3-2011, § 2.40.010)
§ 155.371 BOARD ESTABLISHED.
There is hereby established a Board of Adjustment which may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances, hear appeals, or make special exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with the general or specific rules herein contained.
(Ord. passed 2-3-2011, § 2.40.020)
§ 155.372 MEMBERSHIP.
(A) If neither the Planning and Zoning Board or the Board of Commissioners are designated as the Board of Adjustments, then the Board of Adjustments shall consist of five persons to be appointed by the Mayor. The terms of all members shall be for three years each and so arranged that the term of at least one member will expire each year. Members of the Board shall be removable for cause by the mayor upon written charges and after a public hearing.
(B) Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Mayor shall also appoint a first alternate and a second alternate for a term of three years each. If a member is unable to attend a meeting, the first alternate or second alternate, in turn, shall serve in that person’s place.
(Ord. passed 2-3-2011, § 2.40.030)
§ 155.373 RULES.
The Board shall organize and adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with the city’s ordinances, the Comprehensive Plan, or state or federal law.
(Ord. passed 2-3-2011, § 2.40.040)
§ 155.374 MEETINGS.
(A) All meetings of the Board shall be open to the public and held as the Board may determine.
(B) The Chairperson or, in her or his absence, the acting Chairperson may administer oaths, and the Board may compel the attendance of witnesses. All business of the Board shall be transacted at such meetings.
(C) The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(Ord. passed 2-3-2011, § 2.40.050)
§ 155.375 APPEAL PROCEDURE.
(A) Any person aggrieved by any decision of the Administrator may make an appeal to the Board. The petitioner shall file an application for a variance, in writing, on a form furnished by the city. Every application shall contain the following information:
(1) Legal description of the land on which such variance is requested, together with local street address;
(2) Name and address of each owner of the property;
(3) Name, address, phone number, and signature of the applicant;
(4) Zoning district classification under which the property is regulated at the time of such application;
(5) The specific standard, regulation, or decisions which is being appealed;
(6) The specific remedy that is being requested; and
(7) Any drawings, plans, and other documentation requested by the Board.
(B) Upon the filing of any application for a variance with the Planning Department, the applicant shall pay to the city the appropriate fee as designated in § 155.400.
(C) Notification of surrounding property owners, tenants, and interested parties shall be accomplished by posting a sign on the property and/or by mailing notices of public hearing to neighboring property owners. Legal notice is the general circulation paper.
(1) (a) A sign noting the fact that a variance request is pending shall be posted on the site not less than ten calendar days before the public hearing before the Zoning Board of Adjustments. The sign shall be maintained on the site until the final action has taken action on the request or the petition is withdrawn.
(b) Approved signs shall be secured from the city who shall require a reasonable deposit sufficient to cover the cost of replacement of the sign or signs and who shall determine the number and location of the sign or signs to be posted on the site addressed in the petition for the variance.
(2) The petitioner shall submit postal receipts to demonstrate a good faith attempt to notify by certified letter with return receipt all property owners within 250 feet, inclusive of public right-of-way, of the site measured from the perimeter of the lot or lots which contain the buildings and area dedicated to the proposed use.
(3) The certified mailings shall include the date set for the hearing before the Zoning Board of Adjustments and variance requested, and shall be on a form provided by the Planning Department.
(4) The property owners listed shall be prepared by the city and based on the County Director of Equalization office records of ownership and addresses. Notices are to be sent by the applicant to all parties on the aforementioned list by certified mail with return receipt requested no less than ten calendar days prior to the public hearing on the request held by the Zoning Board of Adjustments.
(D) Upon the filing of an application for a variance, the city shall set a date for public hearing on the request. Said date for the public hearing shall be a day when the Zoning Board of Adjustments is regularly scheduled to meet as determined by the rules, policies, and regulations as adopted or which may hereafter be adopted by the Zoning Board of Adjustments for holding public hearings on such requests. The Zoning Board of Adjustments shall consider and decide the applications for variances within 30 days of the public hearing and in accordance with the following standards.
(1) Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting), fully described in the finding of the Board, do not apply generally in the district.
(2) Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
(3) For reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of his or her land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.
(4) Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.
(5) The granting of any variance is in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the Comprehensive Plan for development.
(E) Before the Board shall have the authority to grant a variance, the person claiming the variance has the burden of showing that:
(1) The granting of the variance will not be contrary to the public interest;
(2) The literal enforcement of this chapter will result in unnecessary hardship;
(3) By granting the variance contrary to the provisions of this chapter, the spirit of this chapter will be observed; and
(4) By granting the permit, substantial justice will be done.
(F) Every decision by the Board shall be accompanied by a written finding of fact based on testimony and other evidence, specifying the reason for granting or denying the variation. The concurring vote of three-fourths of the Members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to grant any variance.
(Ord. passed 2-3-2011, § 2.40.060)
§ 155.376 SIGNS.
The sign posting requirement as required by § 155.370, pertaining to variance applications, shall be satisfied provided the sign noting the fact that a variance request is pending is no smaller than 18 inches by 18 inches in size.
Any order of the Board of Adjustment granting a variance shall be invalid unless substantially completed within two years from the date of such order, and such order shall expire without notice. For good cause, the Board may extend this.
(Ord. passed 2-3-2011, § 2.40.070)
§ 155.378 COURT REVIEW.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the city, may petition a court of record within 30 days after the filing of the Board’s decision, as provided by SDCL § 11-4-25.
(Ord. passed 2-3-2011, § 2.40.080)
ADMINISTRATION AND ENFORCEMENT
§ 155.390 ADMINISTRATIVE OFFICER.
The provisions of this subchapter shall be administered by the Zoning Administrator, who shall:
(A) Maintain and keep current zoning maps and records of amendments, variances, and conditional use permits;
(B) Conduct inspections as prescribed by this subchapter;
(C) Interpret the provisions of this subchapter;
(D) Issue all building permits and make and maintain records thereof;
(E) Issue all certificates of occupancy and make and maintain records thereof; and
(F) Issue and renew where applicable all temporary use permits and make and maintain records thereof.
(Ord. passed 2-3-2011, § 2.42.010)
§ 155.391 PLANNING AND ZONING BOARD.
The Planning and Zoning Board shall:
(A) Establish rules of procedure that are necessary to the performance of its function under this chapter;
(B) Review and decide all applications for conditional uses in accordance with §§ 155.335 through 155.341;
(C) Review and make recommendation to the Board of Commissioners on all applications brought forth by the public in accordance with this subchapter, or as required by state statutes not specifically identified herein and further, to review annually this subchapter and on the basis of the review, suggest amendments thereto; and
(D) Until such time that a Board of Adjustment has been appointed, the Planning and Zoning Board shall have full power to function as a Board in its jurisdiction.
(Ord. passed 2-3-2011, § 2.42.020)
§ 155.392 BOARD OF COMMISSIONERS.
The Board of Commissioners shall:
(A) Establish rules of procedure that is necessary to the performance of its functions under this subchapter; and
(B) Review and decide all applications and amendments brought forth by the public in accordance with this subchapter.
(Ord. passed 2-3-2011, § 2.42.030)
§ 155.393 RIGHT OF ENTRY.
(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Administrator or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises an ordinance violation, the Administrator or his or her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrator by this chapter, provided that if such building or premises be occupied, he or she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Administrator or his or her authorized representative shall have recourse to every remedy provided by law to secure entry.
(B) When the Administrator or his or her authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Administrator or his or her authorized representative for the purpose of inspection and examination pursuant to this subchapter.
(Ord. passed 2-3-2011, § 2.42.040)
§ 155.394 STOP ORDER.
Whenever any work is being done contrary to the provisions of this chapter, the Administrator may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done; and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work.
(Ord. passed 2-3-2011, § 2.42.050)
§ 155.395 OCCUPANCY VIOLATION.
Whenever any building or structure regulated by this chapter is being used contrary to the provisions of this chapter, the Administrator may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such persons shall discontinue the use within the time prescribed after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this chapter.
(Ord. passed 2-3-2011, § 2.42.060)
§ 155.396 CERTIFICATE OF OCCUPANCY.
No new building shall be occupied and no change in occupancy of a building or part of a building shall be made until after the Administrator shall have issued a certificate of occupancy therefor as regulated in the current Building Codes adopted by the city. After final inspection, if it is found that the building, structure, or land complies with the provisions of this chapter and other laws of this jurisdiction, the Administrator shall issue a certificate of occupancy.
(Ord. passed 2-3-2011, § 2.42.070)
§ 155.397 COOPERATION OF OTHER OFFICIALS AND OFFICERS.
The Administrator may request and shall receive so far as is required, in the discharge of her or his duties, the assistance and cooperation of other officials of this jurisdiction.
(Ord. passed 2-3-2011, § 2.42.080)
§ 155.398 VIOLATION AND PENALTY.
Violations of this chapter 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 this chapter has been committed or shall exist; 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 in, 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 violation of a city ordinance. Each and every day that such violation continues after notification may constitute a separate offense.
(B) 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 this chapter, the appropriate authorities of the city, 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; to correct or abate such violation; or to prevent the occupancy of said building, structure, or land.
(Ord. passed 2-3-2011, § 2.42.090) Penalty, see § 155.999
§ 155.399 APPEALS.
Within 30 days of the Zoning Administrator’s decision, a person may appeal, in writing, to the Zoning Board of Adjustments. The appeal shall be accompanied by fees as required for a variance. Upon receipt of an appeal and fee, the Zoning Board of Adjustments shall consider and decide within 30 days.
(Ord. passed 2-3-2011, § 2.42.100)
§ 155.400 FEES.
Upon making application for filing of appeals and applications for amendments to this chapter, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. passed 2-3-2011, § 2.42.110)
§ 155.401 PENDING ORDINANCE RULE.
An applicant may be denied a permit, plat, replat, rezone, variance, conditional use permit, or other use of property for a use allowed by this subchapter if, at the time of application, an amendment is pending which, if adopted, would proscribe the proposed use.
(Ord. passed 2-3-2011, § 2.42.120)
§ 155.402 COMPLAINTS REGARDING VIOLATIONS.
Any person directly affected may file a written complaint alleging a violation of this subchapter. The complaint shall state the basis for the violation, how the complainant is affected, and be filed with the Zoning Administrator, who shall timely investigate and take appropriate action as provided by this subchapter.
(Ord. passed 2-3-2011, § 2.42.130)
§ 155.403 INTERPRETATION, ABROGATION, AND SEVERABILITY.
In interpreting and applying the provisions of this chapter, these provisions 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 of this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, the city shall only enforce the provisions of this chapter. All other ordinances inconsistent with this chapter are hereby repealed to the extent of this inconsistency only. If any section, sentence, clause, phrase, or other portion of this title is held unconstitutional or invalid by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this chapter.
(Ord. passed 2-3-2011, § 2.42.150)
§ 155.404 MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this chapter require a greater width or size of yards, courts, or other spaces; require a lower height of building or lesser number of stories; require in any other percentage of lot to be left unoccupied; or impose other higher standards than are required in any other ordinance, the provisions of this chapter shall govern. Wherever the provisions of any other ordinance require a greater width or size of yards, courts, or other open spaces; require a lower height of building or a lesser number of stories; require a greater percentage of lot to be left unoccupied; or impose other higher standards than are required by the provisions of this chapter, the provisions of such ordinance shall govern.
(Ord. passed 2-3-2011, § 2.42.160)
§ 155.405 CONFLICT WITH PUBLIC AND PRIVATE PROVISIONS.
Where any provision of these regulations imposes restrictions different from those imposed by any other provisions of these regulations, or any other ordinance, rule, regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction. Restrictive covenants may be taken into consideration by the city in the issuance of building permits. As a rule of law, the city may not enforce covenants.
(Ord. passed 2-3-2011, § 2.42.170)
§ 155.406 REPEALER.
All ordinances of a general and permanent nature enacted on or before February 3, 2011 not included, recognized, and continued in force by reference therein by the city’s ordinances are repealed.
(Ord. passed 2-3-2011, § 2.42.180)
§ 155.407 CONSTRUCTION OF REPEALER.
The repeal provided for in § 155.406 shall not be construed to revise any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this subchapter.
(Ord. passed 2-3-2011, § 2.42.190)
§ 155.999 PENALTY.
(A) Unless another penalty is expressly provided, every person convicted of a violation of any provision of this chapter, rule, or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $500. Each violation and each day upon which any violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section herein, whether or not such penalty is reenacted in an amendatory ordinance.
(B) In addition to the penalty described above, the city may pursue other remedies, including, but not limited to, abatement of nuisances, injunctive relief, and revocation of licenses or permits. The owner or owners of real estate within the district affected by the regulation of this chapter may also pursue such remedies by filing a complaint through the Planning and Zoning Board.
(Ord. passed 2-3-2011, § 2.42.140)
TABLE OF SPECIAL ORDINANCES
Table
I. FRANCHISE AGREEMENTS
II. ZONING AND LAND USE CHANGES
TABLE I: FRANCHISE AGREEMENTS
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
3.2
- -
Grants Midcontinent Communications, G.P. the non- exclusive right to erect, maintain, and operate in the city
#3.1
1-5-2006
Grants Montana-Dakota Utilities Co. the non- exclusive right to erect, maintain, and operate in the city
3.3
12-7-2006
Grants Prairiewave Black Hills, L.L.C. the non- exclusive right to erect, maintain, and operate in the city
14
6-18-2009
Grants placement, construction, and modification of wireless telecommunication facilities
1177
5-6-2013
Grants Knology of the Black Hills, L.L.C. the non-exclusive right to erect, maintain, and operate in the city
2013-
5-6-2013
Grants Wow of the Black Hills, L.L.C. the non- exclusive right to erect, maintain, and operate in the city
3.4
2-20-2014
Grants Midcontinent Communications the nonexclusive right to erect, maintain, and operate in the city
3.5
2-20-2014
Grants Knology of the Black Hills, L.L.C., D/B/A WOW! Internet, Cable, and Phone the non-exclusive right to erect, maintain, and operate in the city
TABLE II: ZONING AND LAND USE CHANGES
Ord. No.
Date Passed
Description
Ord. No.
Date Passed
Description
2.01B
12-4-2014
(A) Rezoning 48 tracts of land as C-1 (General Commercial)
(B) Rezoning 12 tracts of land as R-1 (Single-Family Residential)
2.01D
- -2017
(A) Rezoning 16 tracts of land of the Infinity Business Park Subdivision as C-1 (General Commercial)
(B) Rezoning tract 2, Richardson Subdivision, from AG (Agricultural District) to PDD (Planned Development District)
TSO 2018-01
3-2-2018
Rezoning 2 tracts of land of the Sun Valley Estates Subdivision and of Section 14 from AG (Agricultural District) to R-1 (Single Family Residential District)
TSO 2018-02
7-19-2018
Rezoning 3 tracts of land of the Sun Valley Estates Subdivision, Section 14 and Section 23 from AG (Agricultural District) to R-1 (Single Family Residential District)
TSO 2019-01
12-5-2019
Rezoning 2 tracts of land of the Shadowland Ranch Subdivision to R-1 (Single Family Residential District)
TSO 2021-01
11-18-2021
Rezoning 7 tracts of land of the Summerset Subdivision, Section 31, Township 3 North, Range 7 East, Black Hills Meridian from PD (Planned Development District) to R-1 (Single Family Residential District)
TSO 2022-04
2-17-2022
Rezoning Summerset Subdivision Lots AR, BR, and C of Lot 1, Block 9, Section 36, Township 3 North, Range 6 East, Black Hills Meridian, City of Summerset, Meade County, South Dakota from PD (Planned Development District) to C1 (General Commercial District)
