HomeMy WebLinkAboutOrdinance 11-1994�� � �
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ORDIHANCE H0. 11-94
AH ORDINAHCE IH REVISIOH OF ORDIHANCE NO. 715, APPENDIX A OF THE
CITY OF BBOOKIHGS, SOUTH DAKOTA.
BE IT ORDAIHED BY THE CITY OF BROOKINGS, SOUTH DAKOTA that
Appendix A of Ordinance No. 715 be revised as per attached Exhibit A.
The governing body of the City of Brookinga has adopted Ordinance
No. 11-94 which reviees Appendix A of Ordinance No. 715. Anyone
intereated in obtaining or reviering a copy of Ordinance No. 11-94 may
do so by contacting the City Finance Office at 311 Third Avenue,
Brookings, SD.
FIRST READIHG: April 12, 1994
SECOND READIRG: May 24, 1994
PUBLISHED: May 31, 1994
PUBLISHED: June 6, 1994
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y0�BROp�N Mayor
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Fin fficer
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ORDINANCES AND BESOLUTIONS 9-19-19
Zoning Ordinances. hearing, was also invalid. Dodds v. Bickle
Where original zoning ordinance was (1957)77 SD 54,85 NW 2d 284.
invalid for failure of municipality to give �
required notice and hearing, repassage of Opinions of Attorney General.
ordinance in revised ordinances of munici- Quorum necessary to pass upon ordi-
pality, again without giving notice and nance in revision,Fteport 1923-2A,p.316.
Notice of adoption of ordinance in revision—Effective
ate— blication in book form. Upon the adoption of an ordinance
in revision by the governing body the auditor or clerk shall publish
a notice of the fact of adoption of an ordinance in revision once each
week for two successive weeks in the official newspaper, and twenty
days after the completed publication of such notice, unless the refer-
endum shall have been invoked, such ordinance shall become effective
without publication in a newspaper.
The governing body may publish the same in book form.
Source: SL 1913,ch 119, §37;RC 1919, mere compilation of existing ordinances
§6249;SL 1925,ch 247;SDC 1939,§45.1007. which revision constituted new enactment
Manner of Publicatioa. made subject to referendum.City of Rapid
City v.Rensch(1958)77 SD 242,90 NW 2d
Ordinance in revision need not be pub- 380. �
lished in manner prescribed for ordinances
' generally and it is sufficient if notice of �n1n80rdinancee.
adoption of ordinance in revision be given Where original zoning ordinance was
as required b}•authorizing statute.City of invalid for failure of municipalit�� to give
Rapid City c. Rensch (1958) 77 SD 242,90 required notice and hearing, repassage of
NW 2d 380. ordinance in revised ordinances of munici- ;;
Recordation in Ordinance Book. pality, again without giving notice and li >-
- Fact that original ordinance had not hearing was aiso invalid. Dodds ��. Bickle ik ��
been recorded in ordinance book as �1957)77 SD 54,85 NW 2d 284. ,
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required b5� statute did not render subse- Opiniona of Attorney General. '
quent reenactment of ordinance invalid �'• .
-- where reenactment was part of complete Publication of ordinance in revision, r
revision of city's ordinances rather than fteport 1929-30,p.56.
k
' 9-19-18. Evidence of ordinances and resolutions. An original C
� ordinance or resolution, the record or a certified copy thereof, or any
� compilation or revision of ordinances purporting to be printed under
� the authorit5- of the municipality are admissible in evidence without
� further proof.
;� Source: Po1C 1877,ch 24,§57;CL 1887, was city auditor and as such had possession
§1094; SL 1890, ch 37, art IV, §16; APo1C of city ordinance book which he produced
- 1903, §§1213, 1470; RC 1919, §6247; SDC at trial.Whaley v.Vidal(1911)27 SD 627,
1939,§45.0113. 132 NW 242.
��`,. Ordinance Book as Admissible. Collateral R.eferences.
Pertinent pages of ordinance book were Judicial notice of municipal ordinances
admissibie to prove existence of particular where action originates in a municipal
ordinance where witness testified that he court,lll ALR 959.
� 9-19-19. Ordinances and resolutions presumed valid unless con-
troverted. In any action or proceeding instituted by an acting munici-
� pality it shall not be required to show compliance with the provisions
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C 50
1�E 1994 REVI,SED ZONING ORDINANCE
OF 1�IE CITY OF BROOKINGS, SOUTH DAKOTA
ARTICLE I. TITLE AND PURPOSE
Section 50. 01. 010 - Title
Section 50. 01. 020 - Purpose
ARTICLE II. DEFINITIONS
Sections 50. 02 . 000 -
ARTICLE III. DISTRICTS AND BOUNDARIES
Section 50.03 . 000 - Districts and Boundaries
Section 50. 03 . 010 - Districts Designated
Section 50. 03 . 020 - Documents Referenced
Section 50. 03 . 030 - Boundaries of Districts
Section 50.03 . 040 - Rules for Interpretation of Boundaries
Section 50. 03 . 050 - Vacation of Streets and Alleys
Section 50. 03 . 060 - Classification of Land Coming Within the
� Zoning Jurisdiction of the City
Section 50. 03 . 070 - Classification of Annexed Territory
ARTICLE IV. FLOODPLAIN, AGRICULTURAL AND RESIDENTIAL DISTRICTS
Section 50. 04. 000 - Floodway FW District
Section 50. 04. 010 - Intent
Section 50. 04. 020 - Scope of Regulations
Section 50. 04 . 030 - Permitted Uses !
Section 50. 04. 040 - Permitted Special Uses ;
Section 50. 04 . 050 - Conditional Uses
Section 50. 05. 000 - Agricultural A District !
Section 50. 05. 010 - Intent
Section 50. 05. 020 - Scope of Regulations
Section 50. 05. 030 - Permitted Uses
Section 50. 05 . 040 - Permitted Special Uses
Section 50. 05 . 050 - Conditional Uses
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Section 50. 05.060 - Density, Area, Yard and Height Regulations
Section 50. 05. 070 - Accessory Uses
Section 50. 05. 080 - Parking Regulations
Section 50. 05. 090 - Sign Regulations
Section 50. 05. 100 - Other Regulations
Section 50. 06. 000 - Residence R-1 Rural Estate District
Section 50. 06. 010 - Intent ,
Section 50. 06. 020 - Scope of Regulations
Section 50. 06. 030 - Permitted Uses
Section 50. 06. 040 - Permitted Special Uses
Section 50. 06.050 - Conditional Uses
Section 50. 06. 060 - Density, Area, Yard and Height Regulations
Section 50. 06. 070 - Accessory Uses
Section 50.06.080 - Parking Regulations
Section 50.06.090 - Sign Regulations
Section 50. 06. 100 - Other Regulations
Section 50. 07.000 - Residence R-lA Single Family
Section 50. 07. 010 - Intent
-_ Section 50. 07. 020 - Scope of Regulations
Section 50.07. 030 - Permitted Uses
Section 50. 07. 040 - Permitted Special Uses
Section 50. 07. 050 - Conditional Uses
Section 50. 07. 060 - Density, Area, Yard and Height Regulations
Section 50. 07. 070 - Accessory Uses
Section 50. 07. 080 - Parking Regulations
Section 50. 07. 090 - Sign Regulations
Section 50. 07. 100 - Other Regulations
Section 50. 08. 000 - Residence R-1B Single Family
Section 50. 08. 010 - Intent
Section 50. 08. 020 - Scope of Regulations
Section 50. 08. 030 - Permitted Uses
Section 50. 08 . 040 - Permitted Special Uses
Section 50. 08 . 050 - Conditional Uses
Section 50.08.060 - Density, Area, Yard and Height Regulations
Section 50. 08. 070 - Accessory Uses
Section 50. 08. 080 - Parking Regulations
Section 50.08. 090 - Sign Regulations
Section 50. 08 . 100 - Other Regulations
Section 50. 09. 000 - Residence R-2 Two Family
Section 50. 09. 010 - Intent
Section 50. 09. 020 - Scope of Regulations
Section 50. 09. 030 - Permitted Uses
Section 50. 09. 040 - Permitted Special Uses
Section 50. 09 . 050 - Conditional Uses
Section 50. 09. 060 - Density, Area, Yard and Height Regulations
Section 50. 09. 070 - Accessory Uses
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Section 50. 09. 080 - Parking Requlations
Section 50. 09. 090 - Sign Regulations
Section 50. 09. 100 - Other Regulations
Section 50. 10. 000 - Residence R-3 Apartments
Section 50. 10. 010 - Intent
Section 50. 10. 020 - Scope of Regulations
Section 50. 10. 030 - Permitted Uses
Section 50. 10.040 - Permitted Special Uses
Section 50. 10.050 - Conditional Uses
Section 50. 10. 060 - Density, Area, Yard and Height Regulations
Section 50. 10. 070 - Accessory Uses
Section 50. 10. 080 - Parking Regulations
Section 50. 10. 090 - Sign Regulations
Section 50. 10. 100 - Other Regulations
Section 50. 11.000 - Residence R-3A Apartments/Mobile Homes/
Manufactured Housing
Section 50. 11. 010 - Intent
Section 50. 11. 020 - Scope of Regulations
- Section 50. 11. 030 - Permitted Uses
Section 50. 11. 040 - Permitted Special Uses
Section 50. 11. 050 - Conditional Uses
Section 50. 11. 060 - Density, Area, Yard and Height Regulations
Section 50. 11. 070 - Accessory Uses
Section 50. 11. 080 - Parking Regulations
Section 50. 11. 090 - Sign Regulations
Section 50. 11. 100 - Other Regulations
ARTICLE V. BUSINESS DISTRICTS
Section 50.20. 000 - RB-4 Neighborhood Business District
Section 50. 20. 010 - Intent
Section 50.20. 020 - Scope of Regulations
Section 50.20. 030 - Permitted Uses
Section 50.20. 040 - Permitted Special Uses
Section 50.20. 050 - Conditional Uses
Section 50.20. 060 - Density, Area, Yard and Height Regulations
Section 50.20. 070 - Accessory Uses
Section 50.20. 080 - Parking Regulations
Section 50.20. 090 - Sign Regulations
Section 50. 20. 100 - Other Regulations
Section 50.21. 000 - Rusiness B-1 Central
Section 50. 21. 010 - intar.t
Section 50.21. 020 - Scope of Regulations
Section 50.21. 030 - Permitted Uses
Section 50.21. 040 - Permitted Special Uses
Section 50. 21. 050 - Conditional Uses
Section 50.21. 060 - Density, Area, Yard and Height Regulations
Section 50.21. 070 - Accessory Uses
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Section 50. 21. 080 - Parking Regulations
Section 50.21.090 - Sign Regulations
Section 50.21. 100 - Other Regulations
Section 50.22. 000 - Business B-2
Section 50.22 . 010 - Intent
Section 50.22 . 020 - Scope of Regulations
Section 50.22 .030 - Permitted Uses
Section 50.22. 040 - Permitted Special Uses
Section 50.22.050 - Conditional Uses
Section 50.22 . 060 - Density, Area, Yard and Height Regulations
Section 50.22. 070 - Accessory Uses
Section 50.22.080 - Parking Regulations
Section 50. 22 . 090 - Sign Regulations
Section 50.22. 100 - Other Regulations
Section 50.23 . 000 - Business B-2A Office
Section 50.23 .010 - Intent
Section 50.23 . 020 - Scope of Regulations
Section 50.23 . 030 - Permitted Uses
_ Section 50.23 . 040 - Permitted Special Uses
Section 50.23 . 050 - Conditional Uses
Section 50.23 . 060 - Density, Area, Yard and Height Regulations
Section 50. 23 . 070 - Accessory Uses
Section 50.23 . 080 - Parking Regulations
Section 50.23 . 090 - Sign Regulations
Section 50. 23 . 100 - Other Regulations
Section 50.24 . 000 - Business B-3 Heavy
Section 50.24. 010 - Intent
Section 50.24 . 020 - Scope of Regulations
Section 50.24 . 030 - Permitted Uses
Section 50.24. 040 - Permitted Special Uses
Section 50.24. 050 - Conditional Uses
Section 50.24. 060 - Density, Area, Yard and Height Regulations
Section 50. 24 . 070 - Accessory Uses
Section 50.24 . 080 - Parking Regulations
Section 50.24. 090 - Sign Regulations
Section 50.24. 100 - Other Regulations
Section 50.25. 000 - Business B-4 Highway
Section 50.25. 010 - Intent
Section 50.25. 020 - Scope of Regulations
Section 50.25. 030 - Permitted Uses
Section 50.25. 040 - Permitted Special Uses
Section 50. 25. 050 - Conditional Uses
Section 50. 25. 060 - Density, Area, Yard and Height Regulations
Section 50.25. 070 - Accessory Uses
Section 50. 25. 080 - Parking Regulations
Section 50. 25. 090 - Sign Regulations
Section 50. 25. 100 - Other Regulations
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ARTICLE VI. INDUSTRIAL DISTRICTS
Section 50. 30. 000 - Industrial I-1 Light
Section 50.30. 010 - Intent
Section 50. 30. 020 - Scope of Regulations
Section 50. 30. 030 - Permitted Uses
Section 50. 30. 040 - Permitted Special Uses ,
Section 50.30. 050 - Conditional Uses
Section 50.30. 060 - Density, Area, Yard and Height Regulations
Section 50. 30. 070 - Accessory Uses
Section 50.30.080 - Parking Regulations
Section 50. 30.090 - Sign Regulations
Section 50. 30. 100 - Other Regulations
Section 50.31. 000 - Industrial I-1R Restricted
Section 50. 31. 010 - Intent
Section 50.31.020 - Scope of Regulations
Section 50. 31.030 - Permitted Uses
Section 50. 31. 040 - Permitted Special Uses
Section 50. 31.050 - Conditional Uses
Section 50. 31. 060 - Density, Area, Yard and Height Regulations
Section 50. 31. 070 - Accessory Uses
Section 50.31.080 - Parking Regulations
Section 50. 31. 090 - Sign Regulations
Section 50. 31. 100 - Other Regulations
Section 50. 32 . 000 - Industrial I-2 Heavy
Section 50. 32.010 - Intent
Section 50. 32.020 - Scope of Regulations
Section 50. 32 .030 - Permitted Uses
Section 50.32. 040 - Permitted Special Uses
Section 50. 32 .050 - Conditional Uses
Section 50. 32. 060 - Density, Area, Yard and Height Regulations
Section 50.32.070 - Accessory Uses
Section 50. 32. 080 - Parking Regulations
Section 50. 32. 090 - �ign Regulations
Section 50. 32. 100 - Other Regulations
Section 50.40. 000 - Planned Development District
Section 50. 40. 010 - Intent
Section 50.40.020 - Scope
Section 50.40. 030 - Compliance with the Master Plan
Section 50.40. 040 - Application Procedure
Section 50. 50. 000 - Brookings Airport Zoning Ordinance
Section 50. 50. 010 - Purpose and Authority
Section 50. 50. 020 - Definitions
Section 50. 50. 030 - Airspace Obstruction Zones and Height
Limitations ,
Section 50. 50. 040 - Safety Zones I
Section 50.50. 050 - Land Use Restrictions
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Section 50. 60.000 - Large Scale Residential Development
Regulations
ARTICLE VII. GENERAL REGULATIONS
Section 50.70. 000 - General Regulations
Section 50.70. 100 - Nonconforming and Nonstandard Uses, Buildings
and Structures �
Section 50.70. 110 - Intent
Section 50.70. 120 - Scope of Regulations
Section 50.70. 130 - Continuation of Nonconforming Use
Section 50.70. 140 - Discontinuance of Nonconforming Use
Section 50.70.150 - Nonconforming Uses in General
Section 50.70. 160 - Nonstandard Uses
Section 50.70. 170 - Effect on Use Which is Illegal Under Prior Law
Section 50.70 200 - Additional Use Regulations
Section 50.70.210 - Scope of Regulations
Section 50.70.220 - Home Occupations
_. Section 50.70.230 - Quarrying/Material Extraction
Section 50. 70. 240 - Mobile Homes/Manufactured Housing
Section 50.70.250 - Accessory Buildings and Uses
Section 50.70.260 - Fuel Dispensing and Vehicle Repair Operations
Section 50.70. 300 - Additional Yard Regulations
Section 50.70. 304 - Scope of Regulations
Section 50.70.308 - More Than One Main Building
Section 50.70. 312 - Unit Group of Buildings
Section 50.70. 316 - Accessory Building Location
Section 50.70.320 - Projection of Porches, Decks and Platforms
Section 50.70. 324 - Communication Towers
Section 50.70. 328 - Satellite Dish
Section 50.70. 332 - Fences, Walls and Hedges
Section 50.70. 336 - Landscaping
Section 50.70. 340 - Interior Trees '
Section 50.70. 344 - Planting Areas
Section 50.70.348 - Ground Cover
Section 50.70. 352 - Hardsurfaced Parking
Section 50.70. 356 - Screened Parking
Section 50.70. 360 - Adjustment to Front Yard Requirements
Section 50.70. 364 - Adjustment to Side Yard Requirements
Section 50.70. 368 - Landscaping of Front Yards
Section 50.70. 372 - The Manner of Ownership or Property
Section 50.70. 376 - Reduction of Lot Area
Section 50.70. 380 - Intersection Safety Zone
Section 50.70. 400 - Additional Height Regulations
Section 50.70. 410 - Scope of Regulations
Section 50.70.420 - Mechanical Appurtenances
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Section 50.70.500 - Parking, Stacking and Loading Requirements
Section 50. 70. 510 - Location of Parking Spaces
Section 50.70. 520 - Computation of Parking Spaces
Section 50.70. 530 - Off-Street Parking Requirements
Section 50.70.540 - Stacking
Section 50.70. 600 - Access Drives
Section 50.80. 000 - Sign Regulations
Section 50.90. 000 - Conditional Use Standards
Section 50.90. 010 - Procedure
Section 50.90. 020 - Application
Section 50.90. 030 - Fees
Section 50.90.040 - Information on Site Plan
Section 50.90.050 - Planning Commission Hearing
Section 50.90. 060 - Planning Commission Report
Section 50.90. 070 - City Commission Hearing
Section 50.90. 100 - Additional Conditional Use Regulations
_ Section 50. 90. 110 - Amendments
Section 50. 90. 120 - Expiration
Section 50. 90. 130 - Preexisting Uses
Section 50.90. 140 - Reapplication
Section 50. 90. 150 - Conditional Use Standards
ARTICLE VIII. CHANGE OF ZONE
Section 50. 100. 000 - Change of Zoning
Section 50. 100. 010 - Application for Zoning Change
Section 50. 100. 020 - Application Requirements
Section 50. 100. 030 - Fees
Section 50. 100. 040 - Planning Commission Hearing
Section 50. 100. 050 - Planning Commission Report
Section 50. 100. 060 - City Commission Hearing
Section 50. 100. 070 - Change of District Regulation
Section 50.100. 080 - Reapplication
ARTICLE IX. ADMINISTRATION AND ENFORCEMENT
Section 50. 110. 000 - Administration and Enforcement
Section 50. 110. 100 - Board of Adjustment
Section 50. 110. 105 - Creation
Section 50. 110. 110 - Membership
Section 50. 110. 115 - Officers
Section 50. 110. 120 - Rules ;
Section 50. 110. 125 - Meetings !
Section 50. 100. 130 - Powers of the Board
Section 50. 110. 135 - Stays
Section 50. 110. 140 - Public Notice
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Section 50.110.145 - Decisions of Board
Section 50.110. 150 - Limitations
Section 50.110.155 - Court Review
Section 50. 110.200 - Inspections
Section 50.110.220 - Right of Entry
Section 50.110.230 - Stop Order
Section 50. 110.240 - Occupancy Violation
Section 50.110.300 - Permits
Section 50.110.310 - Zoning and Use Registration Permits
Section 50.110.400 - General Provisions
Section 50.110.410 - General Regulations
Section 50.110.420 - Fractions
Section 50.110.430 - Violation and Penalty
Section 50. 110.440 - Conflict, Validity and Interpretation
ARTICLE X. ADOPTION DATE
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C 50 ZONIlVG
ARTICLE I. TITLE �ND PURPOSE
8ection 50.01.000. Title and Purpose
50. 01.010
TITLE
This ordinance shall be known as the 1994 Revised Zoning
Ordinance of the City of Brookings.
50.01. 020
PIIRPOSE
The zoning regulations and districts set forth in this
ordinance are based upon the Comprehensive Plan of the City of
Brookings, South Dakota, adopted October 3, 1�6, as amended.
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These zoning regulations are designed to implement the goals
and objectives of the Comprehensive Plan, to lessen congestion in
the streets, secure safety from fire and other dangers, promote
health and the general welfare of the community, provide adequate
light and air, prevent the overcrowding of land or buildings, and
to facilitate transportation, the provision of water, disposal of
waste water, and further the optimal use of schools, parks, and
public property, and the provision of public necessities.
The regulations have been made with reasonable consideration
of the character and intensity of particular uses within each
district. They are intended to preserve and protect existing
property uses and values from adverse or disharmonious adjacent
uses.
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ARTICLE II. DEFINI'I'IONS
Section 50.02.000. DEFINITIONS.
For the purpose of interpreting this ordinance, the rules and
definitions contained in this section shall be observed and
applied, except when the context clearly indicates otherwise.
Words used in the present tense shall include the past and future.
Words used in the singular number shall include the plural number,
and the usage shall include the singular. The word "shall" is
mandatory. Any word not herein defined shall be as defined in any
recognized standard English dictionary. Definitions may be cited
in the following form: "Section 50. 02 . 001". Some section numbers
have been reserved for future expansion.
. 003
Accessory Building - A detached subordinate building, the use of
which is customarily incidental to that of the main
building or to the main use of the land and which
is located on the same lot with the main building
or use. An "accessory building" does not include
dwelling units or living quarters.
. 006
Accessory Use - A use which is subordinate to the main use of
land or a building on a lot and customarily
incident thereto.
.009
Agriculture - The production, keeping, or maintenance, for sale,
lease or personal use, of useful plants and animals
including but not limited to: 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 or 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 a soil
conservation or forestry management program. This
definition shall not include intensive agricultural
activities such as feedlot operations, chicken or
turkey farms, and agribusiness activities.
.012
Airport - A place where aircraft can land and take off,
usually equipped with hangars, facilities for
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refueling and repair, and various accommodations
for passengers, including heliports.
. 015
Alcohol Plant- A plant which manufactures various compounds analo-
gous to ethyl alcohol.
.018
Alley - A public right-of-way which is used primarily for
vehicular service access to the back or side of
properties which are otherwise abutting on a
street.
. 021
Alterations, Structural - Any change in the load-bearing members of
a building, such as bearing walls, partitions,
column size or height of a building shall be
construed to be a structural alteration.
. 024
Animal Hospital - A place where animals, especially domestic
animals, are treated for injuries and diseases.
This includes the temporary indoor kenneling of
recovering animals.
. 027
Apartment - A room or suite of rooms with toilet and culinary
accommodations used or designed for use as a
residence by a family (see definition of "family"
in this section ) or any four (4) or more people
' located in a building containing three (3) or more
such rooms or suites or located in a building
devoted primarily to uses other than residential.
. 030
Asphalt Plant- A plant which manufactures asphalt through the
refining of petroleum.
. 033
Assembling/Packaging Operation - An operation where manufactured
parts are assembled into a complete machine, struc-
ture or unit and packaged for shipment
. 036
Automobile Sales - The use of any building, land area, or their
premises for the display and sale of new or used
automobiles, and including any warranty repair work
and other repair service conducted as an accessory
use (see outdoor sales) .
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.039
Automobile Service Station - Shall mean any building or premises
which provides for the retail sale of gasoline,
oil, tires, batteries, and accessories for motor
vehicles and for certain motor vehicle services,
including washing, tire changing, repair service,
battery service, radiator service, lubrication or
brake service. No rebuilding of engines, spray
paint operations or body repair is permitted.
. 042
Automobile Storage Yard - The temporary storage or impoundment in
an unroofed area of licensed and operable vehicles.
. 045
Automobile Wrecking Junkyard - An open area where waste or scrap
materials are bought, sold, exchanged, stored,
baled, packed, disassembled or handled, including
but not limited to, scrap iron and other metals,
paper, rags, rubber tires, and bottles. This use
includes an automobile wrecking or dismantling
yard, but does not include uses established
entirely within enclosed buildings.
.048
Awning/Canopy - A roof-like cover that projects from the exterior
wall of a building.
.051
Basement - Any floor level below the first story in a
building, except that a floor level in a building
having only one levei shall be classified as a
basement if any portion of the floor is more than 4
feet below grade at any point.
.054
Bed and Breakfast Establishment - A single family residence which
is used to provide limited meals and temporary
accommodations for a charge to the public.
.057
Board of Adjustment - A public and quasi-judicial agency charged
with the duty of hearing and determining appeals
concerning the zoning ordinance.
.060
Boardinghouse - A building or place, other than a fraternity or
sorority house, where lodging and/or boarding is
provided by prearrangement for definite periods of
time for compensation for four (4) or more persons
not related by blood or law but no more than eight
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(8) persons not related by blood or law and is not
open to transient guests.
. 063
Boat Sales - The use of any building or land area for the dis-
play and sale of new or used boats, trailers or
other types of watercraft.
. 066
Building - Any enclosed space for human use or activities,
whether stationary or movable. When any portion of
a building is completely separated from any other
portion thereof by a division wall without openings
or by a fire wall, then each such portion shall be
deemed to be a separate building.
a. Principal Building: Includes covered porches,
carports and attached garages, within which is
conducted the principal use of the lot upon
which it is situated. In any residential
district, the main dwelling which is situated
upon the lot shall be the principal building.
b. Unit Group of Buildings: Buildings of similar
use, character and architecture. In any
district containing a unit group of buildings,
each principal building shall be required to
have adequate lot area to meet the require-
ments of a single building upon a single lot.
.069
Building, Height of - The vertical distance measured from the
average elevation of the proposed finished grade at
the front of the building to the highest point of
the roof for flat roofs, to the deck line for
mansard roofs, and to the mean height between eaves
and ridge for gable, hip and gambrel roofs.
.072
Building Line - An imaginary line parallel to a lot line which is
a horizonal distance from the lot line equal to the
depth of the yard required for the district in
which such lot is located.
.075
Campground - An area for public use upon which two or more
campsites are established, maintained or advertised
to the public and where camping units can be locat-
ed and occupied as temporary living quarters.
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Car Wash - A building or portion thereof, where automobiles
are washed commercially, or equipment is rented for
the same purpose.
.081
Caretaker - A person who takes care of the house or land of an
owner who may be absent.
. 084
Cemetery - The use of land as a burial place for human
remains.
.087
Center Line - The true center line of a street which has been
fully dedicated to its required width. Where all
of the required width of public right-of-way has
not been dedicated or such public right-of-way
exists in an offset or angular manner, the city
engineer shall determine the alignment of the
center line.
.090
Church - A building or structure, or groups of buildings or
structures, which by design and construction are
primarily intended for conducting religious
services and accessory uses associated therewith.
.093
Clinic - An establishment where patients are not lodged
overnight, but are admitted for examination and
treatment by physicians, psychologists,
optometrists, chiropractors or dentists and other
health care professionals practicing medicine
together and including facilities for training and
rehabilitation.
. 096
Club or Lodge - An association of persons who pay annual dues for
the promotion of nonprofit purposes, which owns,
hires or leases a building, or portion thereof,
except a fraternity or sorority, the use of such
premises being restricted to members and their
guests. It shall be permissible to serve food and
meals to members and their guests on such premises
provided adequate dining room space and kitchen
facilities are available and are operated in
compliance with state and local municipal law.
6
. , � , ,
.099
Communication tower - A structure used for the transmission,
broadcast or reception of radio, television, radar
or microwaves.
. 102
Community Center - A building used for social, recreational or
other activities by a group of people with common
interests but not primarily for profit nor to
render a service which is customarily carried on as
a business.
. 105
Concrete Plant - A plant where cement, aggregate, water and other
additives are mixed to create concrete.
. 108
Conditional Use - A use which, because of its unique or varying
characteristics, cannot be properly classified as a
permitted use in a particular district. After due
consideration, as provided in this ordinance, of
the impact of such use upon neighboring land and of
the public need for the particular use at a
particular location, such conditional use may or
' may not be granted (See Conditional Use Permit)
. 111
Conditional Use Permit - A permit issued by the City or by Joint
City and County authority stating that a
conditional use complies with all conditions and
standards set forth in this ordinance and
authorized by the respective authority. (See also
Use, Conditional)
. 114
Condominium - See "Apartment" .
. 117
Conifer - A cone-bearing tree or shrub, including evergreen,
spruce and pine trees.
. 120
Contiguous - Being in contact, touching, adjoining.
. 123
Contractor's Shop and Storage Yard - Use of land and/or building(s)
for storage and preparation of materials used by
the same individual(s) in conducting�construction
and/or repair business, with the work��generally
completed at some other on-site location.�,
�
.12 6
Crematorium - An establishment containing a furnace used to
reduce human remains to ashes.
. 129
Day Care - The providing of care and supervision of a child or
children as a supplement to regular parental care,
without transfer of legal custody or placement for
adoption, with or without compensation, on a
regular basis for part of a day.
.132
Day Care Facility - A building in which care and supervision is
provided for twelve (12) or more children at any
one time including children under the age of six
living in the home.
.135
Day Care, Family - A residence in which care and supervision is
provided for less than twelve (12) children at any
one time including children under the age of six
living in the home.
.138
Deck - An above grade roofless platform adjoining a house.
. 141
Delicatessen - A store where ready-to-eat food products such as
sandwiches and salads are sold.
. 144
Density - The number of families, individuals, dwelling units
or housing or other structures per unit of land.
.147
Developer - An owner or agent of an owner of property who
desires to establish, alter, change or improve the
use of property.
. 150
Distillation - A building or premises used for the purification
and concentration of a substance by volatilization
or evaporation and subsequent condensation.
. 153
Domestic Abuse Shelter - A place which provides temporary protec-
tion for victims of domestic abuse.
. 156
Drive Up Service Window/Device - An establishment which accommo-
dates the patron's motor vehicle from which the
patron may obtain or receive a service or obtain a
8
� � ' f .
product through a service window or automated
device.
. 159
Driveway Approach - A means of access from a road or street onto
abutting property.
.162
Driveway, residential - A surfaced access from the property line to
a garage, sideyard or rear yard.
. 165
Drinking Establishing - Any establishment licensed to sell ferment-
ed malt beverages, wine or intoxicating liquor.
. 168
Dwelling - A building, or portion thereof, used exclusively
for permanent human habitation including single
family and two-family dwellings, apartments,
condominiums , townhouses, boardinghouses,
fraternities and sororities, but not including
hotels, motels or other structures designed or used
primarily for transient residents.
. 171
Dwelling, Single-Family - A building designed or used exclusively
for occupancy by one (1) family.
. 174
Dwelling, Single-Family Farm - A dwelling located upon a farm which
is used or intended for use by the farm's owner or
relative of the owner or a person employed by the
farm's owner.
. 177
Dwelling, Single-Family Zero (0 ' ) Sideyard Structure - One of a
group or row of two or more buildings having a
common wall located on the side lot line.
. 180
Dwelling, Townhouse - One of a group or row of two or more single
family dwellings designed and built as a single
building in which each individual townhouse may or
may not have separate ownership. For the purpose
of sideyard regulations, the building containing
the row or group of townhouses shall be considered
as one building occupying a single lot.
. 183
Dwelling, Two-Family - A building designed or used exclusively for
occupancy by two (2) families.
9
. ti � , .
. 186
Dwelling Unit - One (1) or more rooms in a dwelling which are
arranged, designed, used or intended for use as
living quarters for one (1) family; or in the case
of apartments, by one (1) or more people. Each
dwelling unit shall include cooking and sleeping
facilities and a bathroom.
. 189
Extraction of Minerals - The development or extraction of a mineral
from its natural occurrence or affected land. The
term includes, but is not limited to, surface
mining and surface operation, in-site mining, the
reprocessing of tailing piles, the disposal of
refuse from underground mining, and milling and
processing located on land described in the appli-
cation for a mining permit.
.192
Fabricating - A method of constructing or manufacturing by using
diverse or standardized parts.
. 195
Family - An individual or two (2) or more persons related by
blood or law occupying a dwelling unit and living
as a single household entity or two (2) or more
persons related by blood or law occupying a
dwelling unit and living as a single household
entity together with the number of unrelated adults
so that the family contains no more than three (3) '
adults who are unrelated by blood or law or not
more than three (3) unrelated adults occupying a
dwelling unit and living as a single household
entity. In addition to persons actually related by
blood or law, the following persons shall be
considered related by blood or law for the purposes
of this ordinance:
a. Persons residing with the family for the
purpose of adoption
b. Not more than six (6) persons under 18 years
of age residing in a foster home licensed or
approved by a governmental agency
c. Not more than four (4) persons nineteen years
of age or older residing with the family for
the purpose of receiving foster care which is
licensed or approved by a governmental agency
d. Persons living with a family at the direction
of a court.
.198
Farm - A parcel of land used for agricultural purposes.
10
. , � i �
.2��
Farm Implement Sales - The use of any building or land area for the
display and sale of new and used farm implements,
including any warranty repair work and other repair
service conducted as an accessory use.
.204
Farm store/feed store - A store selling primarily agricultural
products, including the bulk storage of fertilizers
and related agri-chemicals.
.207
Farmstead - The area of a farm where the buildings are located
and is not used for growing crops or grazing ani-
mals.
.210
Feedlot - A commercial venture under individual, corporate,
limited liability or partnership ownership,
involving the feeding of livestock for the purpose
of preparation for market in the least time
possible, and typified by rapid turnover of
livestock, the absence of a dwelling unit or other
uses normally occurring on a farm.
.213
Financial Institution - A building used for the custody, loan,
exchange, investment or issuance of money and for
the transmission of funds. This use may include a
drive-up service window device.
.216
Floor area - The total number of square feet of floor space as
determined by the outside dimensions of the
building, not including space in basements;
however, if the basement is used for business or
commercial purposes, it shall be counted as floor
area in computing off-street parking requirements.
.219
Fraternity or Sorority - A building, other than a hotel, that is
arranged, intended or designed to be occupied as a
residence for a group of more than five (5) members
who reside therein and recognized as a chartered
chapter by a national or international organization
or society.
.222
Freight Handling - An operation which involves a building where
goods are stored for eventual shipment by a common
carrier.
il
, � � , .
.225
Funeral Home/Mortuaries - A place for the storage and preparation
of human bodies prior to their burial or cremation
and which may include areas for viewing and funeral
services.
.228
Game Propagation Areas - The use of land for increasing the number
of game animals through sexual reproduction.
.231
Garage, Private - An enclosed building or space designed or used
for the storage of noncommercial motor vehicles
which are owned and used by the occupants of the
building to which it is accessory.
.234
Garage, Repair - A building or portion thereof designed or used
for equipping and minor servicing and minor repairs
of motor driven vehicles. The term minor repairs
shall not include a body repair or paint shop,
engine rebuilding or the rebuilding, dismantling or
storage of wrecked or junked vehicles.
.237
Garage Stall - An area within a private garage which can
accommodate one motor vehicle and has a standard
width of twelve (12) feet.
.240
Gas Dispensing Station - Any building or premises which provides
for the retail sale of gasoline or oil. No automo-
bile repair work, testing or sale of auto accesso-
ries may be done upon the premises containing a gas
dispensing station.
.243
Golf Course - A tract of land for playing golf, improved with tee
boxes, greens, fairways, hazards, and which may
include clubhouses and shelters.
.246
Grade - The average level of the finished surface of the
ground adjacent to the exterior walls of a
building, except when any wall approximately
parallels and is not more than five (5) feet from a
street line, then the elevation of the street at
the center of the wall adjoining the street shall
be at grade.
12
, , , � .
.249
Grain Terminal - A facility for the storage of agricultural
grains.
.252
Greenhouse - A climate controlled building whose roof and sides
are made largely of glass or other transparent or
translucent material and in which is grown delicate
or out-of-season plants for sale or personal enjoy-
ment.
.255
Grocery Store - An establishment which sells a limited variety
of foods and household merchandise.
.258
Grocery Supermarket - An establishment which sells a large variety
of foods and household merchandise and which may
include the sale of other merchandise and personal
services.
.261
Group Home - A supervised living or counseling arrangement in a
family home context for persons with mental and/or
physical disabilities.
.264
Home Occupation - An occupation or a profession which is carried on
in a dwelling unit by a member of the immediate
family residing upon the premises in accordance
with section 50. 70.220 (Additional Use Regula-
tions) .
. 267
Hospital - An institution providing primary health services
and medical or surgical care to persons, primarily
inpatients, suffering from illness, disease, inju-
ry, deformity, and other abnormal physical or
mental conditions, and including, as an integral
part of the institution, related facilities such as
laboratories, outpatient facilities, or training
facilities.
.270
Hot Mix Plant -An operation where aggregate, asphalt, cement and
other substances are heated prior to mixing. �
. 273
Hotel - An establishment that provides temporary lodging
for guests and may include meals, entertainment and
various personal services for its guests.
13
, � � � �
.276
Institutional Farm - A farm which is operated by a college or
university or other public entity.
.279
Junkyard - An area of land, with or without buildings, used
for or occupied by a deposit, collection, or stor-
age of used and/or discarded materials such as
wastepaper, rags, scrap metal, used building mate-
rials, house furnishings, machinery, vehicles, or
parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposi-
tion of the same.
.282
Kennel - Any lot or building or portion thereof upon which
four (4) or more dogs, cats or other household pets
which are at least four months of age are main-
tained, boarded, bred or cared for in return for
remuneration or kept for the purpose of sale. The
term kennel shall not include any licensed pet
shelter.
.285
Landscaped area - An area that is permanently devoted and main-
tained for the growing of shrubbery, grass or other
plant material, and may include minor areas with
non-living ground cover which minor areas shall
exclude the street right-of-way.
.288
Livestock - Domestic animals kept or raised for use, pleasure
or profit. This definition shall not include
swine.
.291
Loading Space - A space within a building or on the same lot for
the standing, loading or unloading of trucks.
.294
Lot - A piece, plot or parcel of land, or group of abut-
ting and contiguous parcels of land, established by
survey, plat or deed, occupied or to be occupied by
a building, or a unit group of buildings and acces-
sory buildings thereto, and having its frontage on
a dedicated public street.
.297
Lot Area - The area of a horizontal plane enclosed within the
boundaries of the lot.
14
. � � � .
. 300
Lot Frontage - The length of the front lot line measured at the
street right-of-way line.
.303
Lot Line - A boundary line of a lot.
. 306
Lot, Corner - A lot abutting upon two or more streets at their
intersection, or upon two parts of the same street
forming an interior angle of less than 135 degrees.
The narrower lot frontage shall be considered the
primary front lot line.
.309
Lot, Double Frontage - A lot having a pair of opposite lot lines
along two (2) public streets which are parallel or
nearly parallel, and which is not a corner lot.
. 312
Lot Line, Front - The lot line separating a lot from a street
right-of-way.
.315
Lot, Interior - A lot other than a corner lot.
. 318
Lot Line, Rear - The lot line opposite and most nearly parallel to
the primary front lot line.
. 321
Lot Line, Side - Any lot line other than a front or rear lot line.
. 324
- the stora e
Lumber Yard The use of land and/or buildings for g
and retail sale of building materials.
.327
Manufacturing (heavy) - The heavy manufacture of acid, alcohol,
ammonia,asphalt, bleach, cement, chlorine, dye-
stuffs, explosives, fertilizer, glue, gypsum, lime,
oils, plaster of paris, cosmetics, pharmaceutical
products, paper, etc. Establishments engaged in
the mechanical or chemical transformation of mate-
rials or substances into new products including the
assembling of component parts, the manufacturing of
products, and the blending of materials such as
lubricating oils, plastics, resins, or liquors.
15
. , � � ,
.330
Manufacturing (light) - Those manufacturing processes which are not
obnoxious due to dust, odor, noise, vibration,
pollution, smoke, heat or glare. These commercial
and industrial uses are characterized by generally
having all aspects of the process carried on within
the building itself.
.333
Marquee - A permanent roof-like structure extending from the
building wall over public property.
. 336
Meat Market - An establishment specializing in the processing and
sale of ineat and which may include a delicatessen
as an accessory use.
.339
Mobile Home/Manufactured Home - Any single-family permanent living
quarters more than 8 feet wide and 32 feet in
length, designed and built to be towed on its own
chassis and possessing a Certificate of Title from
a state autharity.
. 342
Mobile Home Park - Any premises where one or more mobile homes/
manufactured homes are parked for living or sleep-
ing purposes, and which include any buildings,
structures, vehicles or shelters used or intended
for use as a part of the equipment of such mobile
home park.
.345
Mobile Home Sales/Camper Trailer Sales - The use of land and/or
buildings for the retail sale of new and/or used
mobile homes and/or camper trailers.
.348
Motel - 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 temporary accommodation of transient guests.
.351
Motor Vehicle Repair Shop - A building where the maintenance,
servicing and repairing, including rebuilding
engines, spray painting and body repair of motor
vehicles, is conducted.
16
. , � , .
. 354
Nonconforming Building or Structure - Any building or structure
which does not comply with all of the regulations
of this ordinance or any amendment hereto governing
height, area, bulk and location for the zoning
district in which such building or structure is
located.
. 357
Nonconforming Use - Any building or land lawfully occupied by a use
at the time of passage of this ordinance or amend-
ment hereto which does not conform, after the
passage of this ordinance or amendment thereof,
with the use regulation of the district in which it
is situated.
. 360
Nonstandard Uses - The category of non-conformance consisting of a
lot upon which is located a building, structure or
use which fails to comply with any one or more of
the following: Minimum lot area, width, front yard,
side yard, rear yard, height or parking for the
district in which located even though the use of
the premises conforms to the permitted use within
the district as provided in this ordinance and
amendments hereto.
. 363
Nursery - Land or greenhouses used to raise flowers, shrubs,
and plants for sale.
. 366
Nursing Home - An intermediate or extended care facility, licensed
or approved to provide full-time convalescent or
chronic care to individuals who, by reason of
advanced age, chronic illness or infirmity, are
unable to care for themselves.
.369
Of f-street Parking, of f site - Parking spaces on an adj acent parcel
of land which is reserved for uses which are locat-
ed on nearby land.
. 372
Office Building - A building designed for or used as the office of
professional, commercial, industrial, financial,
religious, institutional or public or semi-public
organizations.
.375
Orchards/Tree Farms - An area of land used for the commercial
production of fruit, nut or other types of trees.
17
. s � , .
.378
Outdoor Sales - The use of any building, land area, or their
premises which provides for the display and sale of
new or used automobiles, panel trucks or vans,
recreational vehicles, camping trailers, mobile
homes and boats.
.381
Outdoor Storage - The keeping, in an unroofed area, of any goods,
junk, material, merchandise or vehicles in the same
place for more than twenty-four (24) hours.
.384 �
Parking Facility or Lot - An approved open or enclosed off-street
parking area or structure where licensed and opera-
ble motor vehicles are temporarily stored.
.387
Parking Space - An off-street surfaced area, enclosed or
unenclosed, accessible and available for the parking of one
(1) motor vehicle and having an area of not less than two
hundred (200) square feet, together with a driveway connecting
the parking space with a street, road or alley, and permitting
ingress and egress of an automobile.
. 390
Permitted Special Uses - A listing of uses of buildings or land
which are acceptable in a particular district
provided the use is consistent with all conditions
and standards set forth for the particular "permit-
ted special use" and with any other conditions and
standards set forth in the zoning ordinance and as
may be prescribed by the appropriate authority.
.393
Permitted Uses - A listing of uses of buildings or land which are
acceptable in a particular district. A permit may
be issued for a permitted use set forth under a
listing of "permitted uses" based upon a properly
filed application without further action.
.396
Personal Health Service - Establishments primarily engaged in
providing health services, including, but not
limited to, medical, dental, chiropractic, ophthal-
mology, optometry and audiology.
.399
Personal Services - Establishments primarily engaged in providing
services involving the care of a person or their
apparel, including, but not limited to laundry or
dry cleaning, garment services, coin-operated
18
. , , � .
laundries, photographic and art studios, beauty
shops, barber shops, shoe repair, reducing salons,
health clubs, clothing rental, tailor and dress-
maker.
.402
Pharmacy - An establishxnent which prepares and dispenses
medicines and sells customary health products.
.405
Premises - A lot, parcel, tract or plot of land together with
all buildings and structures thereon.
.408
Private Club or Lodge - A group of people organized for a common
purpose to pursue common goals, interests, or
activities and usually characterized by certain
membership qualifications, payment of fees and
dues, regular meetings, and a constitution and by-
laws.
.411
Private Lake - A lake relating to a specific subdivision or
intended for a particular group or person.
.414
Processing - A manufacturing method which involves a series of
actions or operations which lead to a particular
result. Processed materials include, but are not
limited to, the following: petroleum, toxic or
poisonous materials, grains, forage, food, beverag-
es, fruits, vegetables, meat, poultry and dairy
products.
.417
Processing, Light - Those processes which are not obnoxious due to
dust, odor, noise, vibration, pollution, smoke,
heat or glare. These uses are characterized by
generally having all aspects of the process carried
on within a building.
.420
Public Right-of-Way - All streets, roadways, sidewalks, alleys and
other areas reserved for present or future use by
the public as a matter of right for the purpose of
vehicular or pedestrian travel or utility installa-
tion.
.423
Public Transportation Facility - A place where the transfer of
people between modes of transportation takes place.
19
r � � � .
.426
Public Utility Facility - Telephone, electric and cable television
lines, poles and equipment; water, gas and sewer
pipes and valves, lift stations, telephone exchang-
es and repeaters and all other facilities and
equipment necessary for conducting a service by a
government, public utility or cable television
franchisee.
.429
Quarry - A surface excavation used for the removal of rock,
stone, sand, gravel and fill dirt for sale or use
off-site and includes sifting, crushing, washing
and bagging.
.432
Recreation Facility - A place designed and equipped for sports,
activities and games, leisure-time activities and
other customary and usual recreational activities,
including active and sedentary activities.
.435
Recreation, Private - A recreation area or facility operated as a
, business and open to the public for a fee.
.438
Recreation, Public - A recreation area or facility operated by a
governmental agency and open to the general public
with or without fees.
.441
Refining - A process in which a substance is reduced to a pure
state or perfected through the elimination of
impurities.
.444
Repair Garage - See "Garage, Repair".
.448
Repair Shop - An establishment where small appliances, household
goods and other similar devices are maintained or
repaired.
.451
Resource Recovery/Solid Waste Transfer Station Facilities - A
facility used to separate, transfer, process,
modify, convert or otherwise prepare solid waste so
that component materials or substances may be
beneficially used or reused as raw materials,
including the following:
20
. ' ti •
a. Buy-Back Center for Recyclables: A facility
where recyclable material, such as, but not
limited to glass, plastics, paper, metal
containers and corrugated cardboard can be
purchased and temporarily stored prior to
delivery to a processing facility or market.
b. Citizen's Dropoff Facility: Provides for the
disposal of recyclable materials not collected
by waste haulers. In general, vehicles will
be unloaded by hand at such a facility. The
design will depend upon the waste materials
anticipated but will typically include large
portable containers or bins into which waste
can be deposited.
c. Household Hazardous Waste Site: A site to
collect or receive household quantities of
hazardous waste materials from residential
sources and arrange for transportation of
these materials to permitted hazardous treat-
ment, storage or disposal facilities.
d. Processing Facility: A building or enclosed
space used for the collection and processing
of recyclable materials. Processing means the
preparation of material for efficient shipment
or to an end-user's specifications by such
means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical
sorting, shredding, cleaning and remanufactur-
ing.
1. Light Processing Facility occupies an
area under forty-five thousand (45, 000)
square feet of gross collection, process-
ing and storage area and has up to an
average of two (2) outbound truck ship-
ments per day. Light processing facili-
ties are limited to baling, briquetting,
crushing, compacting, grinding, shredding
and sorting of source-separated recycla-
ble materials and repairing of reusable
materials. A light processing facility
shall not shred, compact or bale ferrous
metals other than food and beverage con-
tainers.
2 . Heavy Processing Facility is any process-
ing facility other than a light process-
ing facility and may shred, compact or
21
� f � , .
bale ferrous metals other than food and
beverage containers.
e. Reverse vending machine: An automated mechan-
ical device which accepts at least one (1) or
more types of empty beverage containers,
including but not limited to aluminum cans,
glass and plastic bottles, and issues a cash
refund or a redeemable credit slip. A reverse
vending machine may sort and process contain-
ers mechanically, provided the entire process
is enclosed within the machine.
f. Transfer Site: A location where an inter-
mediate phase in the treatment of solid waste
occurs. After the solid waste has been depos-
ited in transfer vehicles, it shall be trans-
ported from the site.
g. Yard Waste Composting Facility: A site used
for the controlled microbial degradation of
garden wastes, leaves, lawn cuttings and
prunings generated at residential or commer-
cial properties to yield a humus-like product.
.454
Retail Store - Establishments engaged in selling products, goods
or merchandise to the general public for personal
or household consumption; and establishments en-
gaged in providing services or entertainment to the
general public including eating and drinking estab-
lishments, repair shops, indoor amusement, copying
services, health, professional, personal, educa-
tional, and social services, and other miscella-
neous services.
.457
Retirement or Nursing Home - An establishment where maintenance and
personal care are provided for persons, such as the
aged or chronically ill, who are unable to properly
care for themselves.
.460
Rendering - A building or premises used for the processing or
temporary storage of dead animals.
.463
Roadside Stand - A temporary structure which is not permanently
affixed to the ground and is readily removable in
its entirety, which is used solely for the dispiay
or sale of farm products.
.466
22
� i .
Sanitary Landfill - A site used for the disposal of solid waste.
.469
School, Elementary - Any school with grades kindergarten through
8th grade licensed by the state and which meets the
state requirements for elementary education.
.472
School, Parochial - A private school maintained by a religious body
for elementary and secondary education.
.475
School, Post Secondary - An institution which offers instruction
or educational services primarily to persons who
have completed their secondary education.
.478
School, Private - A building designed, constructed or used for
education or instruction in any area and which does
not receive the major part of its funding from any
governmental agency.
. 481
School, Public - A building which is designed, constructed or used
for education or instruction and is controlled by a
local governmental authority.
.484
School, Secondary - Any school licensed by the state and which is
authorized by the state to award diplomas for
secondary education.
.487
School, Vocational/Trade - A secondary school teaching the skilled
trades.
.490
Screened - Concealing or covering a use in a manner which
reduces the view of such use from adjacent proper-
ties.
.493
Site Plan - A scaled view showing the proposed uses and struc-
ture(s) for a parcel of land as required by the
regulations involved. It includes building loca-
tions, lot lines, streets, open space, access
drives, landscaping and parking areas.
.496
Shelterbelt - A barrier of trees and shrubs that provides protec-
tion from wind and storm and reduces erosion.
23 ',
• f � �
.499
Smelting - A facility where metals are melted or fused with an
accompanying chemical change.
.502
Stable - Any premises or part thereon where horses or other
equine animals are sheltered and fed.
.505
Stables, Private- Any lot or building or part thereon where horses
or other equine animals are maintained, trained or
cared for by the landowner for the sole purpose of
pleasure.
.508
Stables, Riding - Any lot or building or part thereon where horses
or any equine animals are maintained, boarded,
trained or cared for in return for remuneration.
.511
Stacking - The arrangement of motor vehicles in such a manner
so as to form a single line, the purpose of which
is frequently to place an order or obtain service
or products at a drive-up window or device.
.514
Standard Tree- A tree with a minimum caliper of 2'� inches and
height of 10 to 12 feet. The tree shall be of a
deciduous hardwood variety normally capable of
attaining a 25 inch diameter trunk when the tree is
20 years old.
.517
Stockyards - A lot or building in which transient cattle, sheep,
swine or horses are temporarily kept for slaughter,
market or shipping.
.520
Story - That 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 is
no floor above it, the open space between the floor
and the ceiling next above it.
.523
Street - The traveled portion of a public right-of-way which
affords the principal means of access to abutting
property.
.526
24
� { •
Street, Collector - A street which connects to several local and
minor streets and provides a through way to minor
or principal arterial streets.
.529
Street, Minor Arterial - A secondary thoroughfare which carries
traffic to various points along a principal arteri-
al street.
. 532
Street, Principal Arterial - A major traffic artery, more or less
continuous across the city, which acts as a primary
connecting street with state and federal highways
and includes each street designated as a principal
arterial street on the Major Street Plan.
.535
Structure - Anything constructed or erected which requires
location on the ground or attached to something
having a location on the ground, but not including
fences or walls used as fences which are less than
six (6) feet in height. Poles, lines, cables or
other transmission or distribution facilities of
public utilities are not considered structures
under this definition.
.538
Sub-area Development Sequence - A proposed timetable providing the
sequence in which a minor area of a Planned Devel-
opment District will be developed.
. 541
Swimming Pool, Private - A tank of concrete, plastic, fiberglass or
other material erected in or upon private property.
.544
Swimming Pool, Public - A tank of concrete, plastic, fiberglass or
other material erected in or upon publicly owned
land.
.547
Tank Farm - A facility containing large, above ground contain-
ers for the bulk storage in liquid form of petro-
leum products.
.550 '
Theater - An establishment which is used for the showing of
motion pictures, plays or musical dramas.
.553
Truck Gardening - The use of land for growing large quantities of
produce for eventual shipment to market.
25
+ j � , �
.556
Truck Stop - Any building or premises where the maintenance,
servicing or repair of commercial vehicles is
conducted, including the dispensing of motor fuel
or other petroleum products directly into motor
vehicles. It includes the sale of motor vehicle
accessories and may include overnight accommoda-
tions and restaurant facilities.
.559
Use, Conditional See "Conditional Use"
.562
Use, Principal - A use which may be lawfully established in a
particular district or districts provided it con-
forms with all requirements and regulations of such
district in which such use is located.
.565
Utility Trailers/Truck Rentals - The use of a building or land for
the leasing of trailers and/or trucks.
.568
Vocational/Trade School - A secondary school teaching the skilled
trades.
.571
Warehousing - A building used primarily for the storage of goods
and materials.
.574
Wholesale Trade - Establishments or places of business primarily
engaged in selling merchandise to: retailers and to
industrial, commercial, institutional or profes-
sional businesses.
.577
Yard - An open space, other than a court, upon a lot,
unoccupied and unobstructed from the ground upward,
except as otherwise provided in this ordinance.
.580
Yard, Front - A yard extending the full width of the lot and
situated between either the front lot line and the
building line, or the front lot line and the prin-
cipal building, whichever is greater. The depth of
the front yard shall be measured between either the
foundation of the principal building and the front
lot line, or, the building line and the front lot
line, whichever is greater. Covered porches and
garages, whether enclosed or unenclosed, shall be
26
, , . , .
considered as part of the main building and shall
not project into a required front yard.
.583
Yard, Primary Front - The narrower of two front yards on a corner
lot.
.586
Yard, Rear - A yard extending the full width of the lot and
situated between the rear line of the principal
building and the rear lot line. A rear yard is
opposite from and most nearly parallel to the
primary front yard.
.589
Yard, Side - A yard situated between the principal building and
the side lot line and extending from the front yard
to the rear yard.
.592
Zone - A specifically delineated area or district within
which regulations and requirements uniformly govern
the use, location, size, area and density of land
and buildings.
27
• , � , ,
ARTICLE III. DISTRICTS AND BOUNDARIES
Section 50.03. 000. DIBTRICTB AND BOIINDARIES
50.03. 010
Districts Desiqnated. In order to regulate and restrict the height
and size of buildings and other structures, the percentage of a lot
that may be occupied, the size of the yards, courts and other open
spaces, the density of population, and the location and use of
buildings, structures and land for residential, commercial,
industrial or other purposes, the City is hereby divided into the
following districts:
FW Floodway RB-4 Business
A Agricultural B-1 Business
R-1 Residential B-2 Business
R-lA Residential B-2A Business
R-1B Residential B-3 Business
R-2 Residential B-4 Business
R-3 Residential I-1 Industrial
R-3A Residential I-2 Industrial
The following districts shall be designated as zoning overlay
districts, imposing special regulations upon the properties that
fall within these overlay districts without eliminating the
requirements imposed by the underlying land use district regula-
tions:
I-1R Industrial
PDD Planned Development District
50. 03. 020
Documents Referenced. The following are hereby adopted and
incorporated by reference:
The official zoning map of the City of Brookings, together
with all the explanatory matter thereon and attached thereto,
is hereby adopted by reference and is declared to be a part of
this ordinance.
The flood insurance study for the City of Brookings and the
Flood Insurance Rate Maps prepared by the Federal Emergency
Management Agency as adopted by resolution of the City
Commission of the City of Brookings are hereby adopted by �
reference and declared to be a part of this ordinance.
The approved initial and final development plans and any
amendments thereto, submitted in conjunction with any Planned
Development, are hereby adopted by reference and declared to
be a part of this ordinance.
28
, , , � .
The approved site plan prepared in conjunction with any I-iR
industrial district development or conditional use request is
hereby adopted by reference and declared to be a part of this
ordinance.
50. 03 . 030
Houndaries of Districts. The boundaries of the districts are
defined as shown on a map entitled "Zoning District Map, City of
Brookings" together with all explanatory matter thereon and which
has been made a part of this ordinance.
50. 03 .040
Rules for Interpretation of Houndaries. Unless otherwise provided,
zone district boundaries shall be on the municipal corporate lines,
section lines, lot lines, natural boundary lines, or on the center
lines of highways, streets, alleys, railroad rights-of-way, or such
lines extended. In cases involving property which has not been
subdivided, the zone district line shall be determined by using the
scale of the official zoning district map.
Where a boundary line is shown as approximately parallel to a
street, highway, stream or railroad line, such boundaries
shall be construed as parallel thereto and at such distance
from the center line as determined by the use of the scale as
shown on the official zoning map.
Where a district boundary line divides a lot which was held in
single ownership at the time the boundary line was estab-
lished, the use regulations applicable to the least restric-
tive district shall extend over the portion of the lot in the
more restrictive district a distance of not more than thirty
(30) feet beyond the district boundary line.
Disputes concerning the exact location of any zoning district
boundary line shall be determined by the Board of Adjustment
according to the intent of this ordinance.
50. 03 . 050
Vacation of Streets and Alleys. Whenever any street, alley or
other public way is vacated in the manner authorized by law, the
zoning district adjoining each side of such street, alley or public
way shall be automatically extended to the center of such vacation,
and all areas included in the vacation shall then be subject to all
regulations of the extended districts.
50. 03 . 060
Classification of Land Cominq Within the Zoninq Jurisdiction of tha
City. - Before any territory may come under the jurisdiction of
this title, it shall be zoned as provided in Section 50. 100. 000.
29
. �
50.030-070
Classifiastion of Annesed Territory. In all territories which may
hereafter be annexed to the City, the zoning districts, as they
exist in the Joint Jurisdiction Area, shall be continued until
otherwise changed by ordinance.
30
ARTICLE IV. FLOODPLAIN, AGRICULTURAL AND
RESIDENTIAL DISTRICTS
Section 50.04.000. FLOODWAY FW DISTRICT
50. 04 . 010
Intent. The purpose of this district is to protect from encroach-
ment that portion of the floodplain which is defined as the
floodway on the flood boundary and floodway map for the City of
Brookings prepared by the U.S. Department of Housing and Urban
Development, Federal Insurance Administration, with an effective
date of October 17, 1978. The floodway is the channel of a stream
plus any adjacent floodplain areas, that shall be kept free of
encroachment in order that the 100-year flood can be carried
without increasing the flood height more than one foot.
50. 04. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Floodway FW District.
50. 04 .030
Permitted IIses.
1. Crop production with minimum erosion potential
50. 04 . 040
Permitted Special IIses. A premises may be used for the following
purposes in conformance with the conditions prescribed herein:
1. Livestock raising
a. No residences or other buildings permitted
2 . Public park, playground, private recreation, shooting range
a. No structures allowed
3 . Campground
a. No structures allowed
b. No overnight accommodations
50. 04 . 050
Conditional IIses. A building or premises may be used for the '
following purposes if a Conditional Use Permit for such use has '
been obtained in conformance with the requirements of Section
50.90. 000.
1. Structures or encroachment associated with the above
permitted special uses if approval is obtained from the
Federal Emergency Management Agency
31
� � . .
Section 50.05.000. AGRICIILTIIRAL A DISTRICT
50.05. 010
Intent. The purpose of the agricultural district, hereafter
sometimes referred to as "Ag District", is to protect agricultural
land and to limit residential, commercial and industrial uses to
those areas where they are best suited by reason of their require-
ments for public services and sound development. Only residential
structures for persons engaged in agricultural activities, their
families and employees shall be permitted in this district.
50.05. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Agricultural A
District.
50.05.030
Permitted IIses.
1. Field crops and grassland
2. Game propagation area
3. Institutional farm
4. Orchard or tree farm
5. Public park
6. Truck gardening �
7. Single family farm dwelling (including accessory uses
incidental thereto such as private garages, parking areas,
etc. )
50.05. 040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with conditions prescribed
herein:
1. Recreation facility
a. One of the frontages of the premises shall abut upon an
arterial or collector street.
2. School
a. One of the frontages of the premises shall abut upon an
arterial or collector street.
3 . Farm structures
a. Said structures shall be located within the farmstead
perimeter.
b. No single structure exceeding 1,500 square feet in
floor area.
4. Public Utility Facility
a. An opaque screen six feet in height located as far back
as all setback lines.
b. Landscaping shall be provided between the setback lines
and any front property line.
32
, , ti .
c. The architecture of all buildings shall harmonize with
the character of the neighborhood.
d. One of the frontages of the premises shall abut upon an
arterial or collector street.
e. The site plan is subject to the City Engineering De-
partment approval.
5. Church
a. One of the frontages of the premises shall abut upon an
arterial or collector street.
6. Shelterbelt in conformance with section 50.05.060.
7. One additional single family farm dwelling or mobile
home
a. Said dwelling shall be located within the farmstead
perimeter.
b. Said dwelling shall be occupied by employees or
relatives of the farm owner.
8. Seasonal roadside stand
a. The applicant shall furnish a written statement of
permission from the property owner.
50.05.050
Conditional IIses
1. Airport
2 . Quarry
3 . Cemetery
4. Hot mix plant
5. Private or riding stable
6. Campground
50. 05.060
Density, Area, Yard and Heiqht Requlations.
The Ag district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max. Max.
Unit Lot Lot Front Side Rear Height Lot
Denaity Area Width Yard Yard Yard Coverage
Sq.Ft. Sq. Ft.
All
Uses 35 acres 150'* 40' 40' 35** 208***
* A shelterbelt, consisting of 1 or more rows, shall not be
established within 150 feet of a right-of-way line on the north
and west sides of streets and not within 100 feet of a right-
of-way line on the south and east sides of streets. A '
shelterbelt planted at right angles to a road shall not be
established within 50 feet of a right-of-way line. Trees used ,
for landscaping areas immediately adjacent to farm dwellings, I
33
� r • . .
schools and recreation facilities are exempt from this regula-
tion.
** Farm structures, public utility facilities and church steeples
are exempt, except in the airport approach zone.
*** Gross floor area of all buildings and structures shall be
computed together to determine the total lot coverage.
Density per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group
quarters where no cooking facilities are provided in individual
rooms.
50.05.070
Accassory IIsea. Accessory uses and building permitted in the AG
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.05.080
Parkinq Requlations. Parking, loading and stacking within the AG
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.05. 090
8iqn Requlations. Signs within the AG District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.05. 100
Other Requlations. Development within the AG District shall be in
conformance with the regulations set forth in Section 50.70.000,
General Regulations.
34
, , , � .
SeCtion 50.06.000 REBIDENCE R-1 RIIRAL ESTATE DISTRICT
50.06.010
Intent. This district is intended to provide for single family
dwellings in a rural or estate setting with a gross density of one
unit per 3 acres or more. The district perYaits single-family
dwellings, parks, playgrounds and schools. This district shall
generally be located where the value of the land for agricultural
use is marginal and where the water supply, sewage disposal, roads
and emergency services are easily and economically available.
50.06. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Residence R-1 Rural
Estate District.
50.06. 030
Permitted IIses.
1. Single family dwellinq - including accessory uses inciden-
tal thereto such as private garages, parking areas, etc.
50. 06. 040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
1. Public Utility Facility
a. An opaque screen six feet in height located as far
back as all setback lines.
b. Landscaping shall be provided between the setback
lines and any front property line.
c. The architecture of all buildings shall harmonize with
the character of the neighborhood.
d. One of the frontages of the premises shall abut upon
an arterial or collector street.
e. The site plan is subject to City Engineering Depart-
ment approval.
2. Elementary and secondary school
a. One of the principle frontages of the premises shall
abut upon an arterial or collector street.
3 . Accessory building
a. Shall meet the setbacks of the principle building.
b. No single building shall be larger than the floor area
of one story of the principle building.
c. No single building shall exceed 2,400 square feet of ,
floor area. I
d. No combination of buildings on the lot may exceed
4, 000 square feet of gross floor area.
50. 06. 050
35
I � � ' �
Conditional IIses.
1. Family day care
2. Home occupation
3 . Private lake
4. Private or riding stable
50.06.060
Density, Area, Yard and Heiqht Requlations.
The R-1 district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All
Uses 3 acres 175' 60' 25' 40' 35'
50.06. 070
Accessory IIses. Accessory uses and building permitted in the R-1
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.06.080
Parkinq Requlations. Parking, loading and stacking within the R-1
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50. 06.090
Siqn Requlations. Signs within the R-1 District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.06.100
Other Requlations. Development within the R-1 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
36
� � � .
Section 50.07.000. REBIDENC$ R-lA SINGL$ FAMILY
50. 07.010
Intent. This district is intended to provide for areas of
residential use with a gross density of approximately three
dwelling units per acre or less. The district permits single
family dwellings and supportive community facilities such as parks,
playgrounds, schools, libraries and churches.
50.07. 020
Scopo of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Residence R-lA Single
Family District.
50.07. 030
Permitted IIses.
1. Single family dwellin�c - including accessory uses inciden-
tal thereto such as private garages, parking areas, etc.
50.07. 040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
1. Church or similar place of worship, which may include a
day care facility with such use confined to within the
church worship and educational facility.
a. One of the frontages of the premises shall abut upon
an arterial or collector street.
b. The site lan is sub 'ect to Cit En ineerin De art-
P 7 Y g 9 P
ment approval.
2. Public or parochial school of general instruction
a. One of the frontages of the premises shall abut upon
an arterial or collector street.
b. The site plan is subject to City Engineering Depart-
ment approval.
3 . Public library, museum, park, playground or similar
community facility �I
a. One of the frontages of the premises shall abut upon
an arterial or collector street.
b. The site plan is subject to City Engineering Depart-
ment approval.
4. Governmental administration and services such as offices,
firehouse, police and like uses; however, this section
shall not be interpreted to permit such uses as warehous-
ing, storage of vehicles, heavy equipment or supplies.
a. One of the frontages of the premises shall abut upon
an arterial or collector street.
b. The site plan is subject to City Engineering Depart-
ment approval.
37
� r � . ,
5. Public Utility Facility
a. An opaque screen six feet in height located as far
back as all setback lines.
b. Landscaping shall be provided between the setback
lines and any front property line.
c. The architecture of all buildings shall harmonize with
the character of the neighborhood.
d. One of the frontages of the premises shall abut upon
an arterial or collector street.
e. The site plan is subject to City Engineering Depart-
ment approval.
50.07.050
Conditional IIses.
1. Agriculture
2. Home occupation
3 . Public recreation facility
4. Non-municipal library, museum, art gallery, community
center, private club or lodge
5. Private lake
6. Private stable
50.07. 060
Density, Area, Yard and Heiqht Requlations.
The R-lA district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. sq.Ft.
Single
Family
Dwelling 15,000 15,000 100' 40' 15' 30' 35'
Other
Allowable
Uses 15,000 15,000 100' 40' 15' 30' 35'
50.07. 070
ACCE880RY IISEB. Accessory uses and building permitted in the R-lA
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.07.080
Parkinq Requlations. Parking, loading and stacking within the R-lA
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.07.090
38
, , � �, �
Siqn Raqulations. Signs within the R-lA District shall be in
conformance with the regulations set forth in Section 50.80.000.
50. 07.100
Other Requlations. Development within the R-lA District shall be
in conformance with the regulations set forth in Section 50.70.000
General Regulations.
39 �
� ,� � . ,
Section 50.08.000. RESIDENCE R-iB SINGLE FAMILY
50.08. 010
Intent. This district is intended to provide for areas of residen-
tial use with a gross density of approximately five dwelling units
per acre or less. The district permits single family dwellings and
supportive community facilities such as parks, playgrounds,
schools, libraries and churches.
50.08. 020
Scope ot Regulations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Residence R-iB Single
Family District.
50.08.030
Permitted IIses.
1. Sinqle family dwellinQ - including accessory uses inciden-
tal thereto such as private garages, parking areas, etc.
50.08.040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with conditions prescribed
herein:
l. Al1 permitted special uses and conditions as stated in
Section 50. 07. 040 (R-lA)
2 . Private school of general instruction
a. One of the frontages of the premises shall abut upon
an arterial or collector street.
b. The site plan is subject to City Engineering Depart-
ment approval.
3 . Family day care
a. Restricted to 12 or less children at any one time.
50. 08.050
conditional IIses.
1. Vocational or trade school
2. Retirement or nursing home
3. Two family dwelling
4. Group home
5. Home occupation
6. Public recreation facility
7. Non-municipal library, museum, art gallery,
community center, private club or lodge
8. Private lake
40
. < <. n .
50.08. 060
Density, Area, Yard and Heiqht Requlations.
The R-iB district regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot F'ront Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single- 10,000 10,000 75' 30' 8' 25' 35'
Family
Two- 6,200 12,400 90' 30' 8' 25' 35'
Family
Other 10,000 75' 30' 10' 25' 35'
Allowable
Uses
Density per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group
quarters where no cooking facilities are provided in individual
rooms
50.08. 070
Accessory IIses. Accessory uses and building permitted in the R-1B
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50. 08. 080
Parkinq Requlations. Parking, loading and stacking within the R-1B
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.08 . 090
Siqn Requlations. Signs within the R-1B District shall be in
conformance with the regulations set forth in Section 50.80. 000.
50. 08. 100
Other Requlations. Development within the R-1B District shall be
in conformance with the regulations set forth in Section 50.70.000
General Regulations.
41
• r , . .
SeCtioII 50.09.000. RESIDENCE R-2 TWO-FAMILY
50.09. 010
Intent. This district is intended to provide for areas of
residential use with a density of six to eighteen dwelling units
per acre. This district provides for single family, two-family,
townhouse and multiple-family residential uses plus support
facilities such as schools, parks, churches and community and
public buildings.
50.09. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the regulations of the Residence R-2 Two-Family
District.
50.09. 030
Permitted IIses
1. Single family dwellincr - including accessory uses inciden-
tal thereto such as private garages, parking areas, etc.
2. Two family dwellincx - including accessory uses incidental
thereto such as private garages, parking areas, etc.
50.09.040
Permitted Special IIses: A building or premises may be used for the
following purposes in conformance with conditions prescribed
herein:
1. All permitted special uses and conditions as stated in
Section 50.07.040 (R-lA) and 50. 08.040 (R-1B)
2. Single family zero (0 ' ) side yard dwelling
a. A maximum of four (4) attached dwelling units are
permitted.
b. Additional lot area requirements apply (50.09.060) .
3 . Funeral Home or Mortuary
a. One of the frontages of the premises shall abut upon an
arterial or collector street.
b. The site plan is subject to City Engineering Department
approval.
50.09. 050
Conditional IIsea.
1. Vocational or trade school
2 . Retirement or nursing home
3 . Group home
4. Home occupation
5. Public recreation facility
6. Non-municipal library, museum, art gallery, community
center, private club or lodge
7. Domestic abuse shelter
42
4 � � , .
8. Townhouse
9. Apartment or condominium
10. Boardinghouse
11. Of f ice
50.09.060
Density, Area, Yard and Heiqht Requlations.
The R-2 district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Deneity Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single
Family
Dwelling 7,500 7,500 50' 25' 7' 25' 35'
SF 0'
Sideyard
2 Units 6,000 12,000 SO' 25' 0' or 7' 25' 35'
on non-
party wall
SF 0'
� Sideyard
3 Units 5,000 15,000 100' 25' 0' or 7' 25' 35'
on non-
party wall
SF 0'
Sideyard
4 Units 4,500 18,000 120' 25' 0' or 7' 25' 35'
on non-
party wall
Two-Family
Dwellings
Condominiums
Townhouses
2 Unite 4,950 9,900 65' 25' 7' 25' 35'
3 Units 4,100 12,300 80' 25' 7' 25' 35'
4 Units 3,675 14,700 95' 25' 7' 25' 35'
Apta, Condo-
miniuma,
Townhouses*
5 or more
Units 2,420** 16,000 100' 25' 7'*** 25' 35'
Other
Allowable
Uses 6,000 50' 20' 7'*** 25' 35'
43
� . * * ►
* Three hundred (300) square feet of landscaped area shall be provided for
each dwelling unit exclusive of required building setback areas, accesa
drives and parking lots. Two thirds (2/3) of the landscaped area ahall be
located in a continuous, single tract which contains no portions thereof
which are not contiguous, adjacent and abutting to either the entire width
or entire length of said tract. Parking lota shall be screened from sinqle
and two-family residential uaes according to Section 50.70.356, Additional
Use Regulations.
** A maxiunum of 18 dwelling units per acre ehall be allowed.
*** The sideyard will be required to be increased to 10 feet when
the building is 3 or more storiea in height.
Density per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group
quarters where no facilities are provided in individual rooms.
50. 09. 070
Accessorp IIses. Accessory uses and building permitted in the R-2
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50. 09. 080
Parkinq Requlations. Parking, loading and stacking within the R-2
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.09. 090
Siqn Raqulations. Signs within the R-2 District shall be in
conformance with the regulations set forth in Section 50.80. 000.
50. 09. 100
Other Requlations. Development within the R-2 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
44
� , � , .
Section 50.10. 000. RESIDENCE R-3 APARTMENTS
50. 10.010
Intent. This district is intended to provide for areas of
residential use with a gross density of seven to twenty-four
dwelling units per acre. This district provides for single family,
two family, apartments, condominiums, townhouses, fraternities and
sororities plus support facilities such as schools, parks, churches
and community and public buildings.
50.10.020
Bcope ot Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Residence R-3
Apartment District.
50. 10. 030
Permitted IIses.
1. Single family dwelling including accessory uses incidental
thereto such as private garages, parking areas, etc.
' 2. Two family dwelling including accessory uses incidental
thereto such as private garages, parking areas, etc.
3 . Single family zero (0' ) side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
50. 10. 040
Permitted Special IIses. A building or premises may be used for the
. following purposes in conformance with the conditions prescribed
herein:
1. All permitted special uses and conditions as stated in
Section 50. 07. 040 (R-lA) .
2 . All permitted special uses and conditions as stated in
Section 50. 08. 040 (R-1B) excluding family day care.
3 . All permitted special uses and conditions as stated in
Section 50.09. 040churches, (R-2) excluding single family
zero (0 ' ) side yard dwelling and family day care.
4 . Day care facility
a. A 4 foot high transparent fence shall be constructed
between the play area and the street when the play
area is adjacent to any arterial or collector street.
b. A safe pick-up and drop-off area shall be provided.
5. Boardinghouse I
a. A layout of the building and parking area shall be �
submitted for Engineering Department approval. '�
45
• . � . ,
b. Parking areas shall be screened from adjacent residen-
tial properties with a four (4) foot high opaque
f ence.
c. A signed form shall be presented guaranteeing parking
lot establishment.
d. Asphalt or concrete surfacing of the lot will be
required for all parking lots with five (5) or more
spaces.
6. Retirement or Nursing Home
a. Parking areas shall be screened from adjacent residen-
tial properties by a four (4) foot high fence or
equivalent landscaping.
7. Group Home
a. Applicants shall provide statements as to the type of
supervision the home will have.
8. Domestic abuse shelter
a. All parking shall be provided on the premises.
50.10. 050
Conditional oses
1. Public recreation facility
2. Non-municipal library, museum, art gallery, community
center, private club or lodge
3 . Home occupation
4. Vocational or trade school
5. Office
50.10. 060
Density, Area, Yard and Heiqht Requlations.
The R-3 district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single
Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Unita 8,400 65' 20' 7' 25' 35'
SF Attached
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-
party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on n on-
party wall
4 Unita 14,000 105' 20' 0' or 7' 25' 35'
46
� , � , '
on non-
party wall
Apta. , Condo-
miniume,
Townhouses*
(3 or more
Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other
Allowable
Uses 6,000 50' 20' 7'*** 25' 45'
* Three hundred (300) aquare feet of landacaped area ahall be provided for
each dwelling unit exclueive of required buildinq setback areas, access
drives and parkinq lots. Two thirds (2/3) of the landecaped area ehall be
, located in a continuous, single tract which contains no portions thereof
which are not contiquous, adjacent and abutting to either the entire width
or entire length of said tract. 50$ of the required landscaped area may be
used for parking spaces in excess of the minimum requirement. Parkinq lots
ahall be screened from single and two-family residential usee accordinq to
Section 50.70.356, Additional Use Regulationa.
** A maximum of 24 dwelling units per acre shall be allowed.
*** The sideyard will be required to be increased to 10 feet when the building
is 3 or more stories in height.
Density per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group
quarters where no facilities are provided in individual rooms.
50. 10. 070
Accessory IIses. Accessory uses and building permitted in the R-3
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50. 10. 080
Parkinq Requlations. Parking, loading and stacking within the R-3
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50. 10. 090
Siqn Requlations. Signs within the R-3 District shall be in
conformance with the regulations set forth in Section 50.80. 000.
50. 10. 100
Other Requlations. Development within the R-3 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
47
• , � . �
Section 50.11.000. RBBIDENCE R-3A APARTMENTB/MOBILE HOMES/
MANIIFACTIIRED HOIISING
50. 11. 010
Intent. This district is intended to provide for areas of residen-
tial use with a gross density of seven to twenty-four dwelling
units per acre. This district provides for single family, two
family, apartments, condominiums, townhouses, fraternities,
sororities, mobile homes, manufactured homes, mobile home parks
plus support facilities such as schools, parks, churches and
community and public buildings.
50.11. 020
8cope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Residence R-3A
Apartment/Mobile Homes/Manufactured Housing District.
50.11. 030
Permitted Oses.
1. Single family dwelling including accessory uses incidental
thereto
2 . Two family dwelling including accessory uses incidental
thereto
3 . Single family zero (0 ' ) side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
8. Single mobile home/manufactured home with not less than 720
square feet of gross floor area including accessory uses
incidental thereto such as private garages, parking areas,
etc.
50. 11.040
Permitted Special IIsea.
1. All permitted special uses and conditions as stated in
Section 50.07. 040 (R-lA) and Section 50. 10. 040 (R-3) .
2. All permitted special uses and conditions as stated in
Section 50.08. 040 (R-iB) excluding family day care.
3 . All permitted special uses and conditions as stated in
Section 50.09. 040 (R-2) excluding single family zero
(0 ' ) side yard dwellings and family day care.
50. 11.050
Conditional IIses
1. Public recreation facility
2 . Non-municipal library, museum, art gallery, community
center, private club or lodge
48
, , , , .
3 . Home occupation
4. Vocational or trade school
5. Of f ice
6. Mobile home/manufactured housing park
50. 11. 060
Density, Area, Yard and Hsiqht Requlations.
The R-3A district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Heiqht
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Sinqle
Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Units 8,400 65' 20' 7' 25' 35'
SF Attached
� 0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-
party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on n on-
party wall
4 Unite 14,000 105' 20' 0' or 7' 25' 35'
on non-
party wall
Apta. , Condo-
miniums,
Townhouses*
(3 or more
Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other
Allowable
Uses 6,000 50' 20' 7'*** 25' 45'
* Three hundred (300) square feet of landscaped area shall be provided for
each dwelling unit exclusive of required building setback areas, access
drives and parking lota. Two thirds (2/3) of the landscaped area ahall be
located in a continuous, single tract which containa no portions thereof
which are not contiquous, adjacent and abutting to either the entire width
or entire length of said tract. 50$ of the required landscaped area may be
used for parking spaces in excess of the minimum requirement. Parkinq lots
shall be screened from single and two-family residential uses accordinq to
Section 50.70.356, Additional Use Regulations. ,
** A maximum of 24 dwelling units per acre shall be allowed. i
49
*** The sideyard will be required to be increased to 10 feet when the building
ia 3 or more atories in height.
Density per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group
quarters where no cooking facilities are provided in individual
rooms.
50.11. 070
Accessory IIses. Accessory uses and building permitted in the R-3A
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.11. 080
Parkinq Requlations. Parking, loading and stacking within the R-3A
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.11. 090
Siqn Requlations. Signs within the R-3A District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.11.100
Other Requlations. Development within the R-3A District shall be
in conformance with the regulations set forth in Section 50.70. 000
General Regulations.
50
, , , �, .
ARTICLE V. BUSINF.SS DISTRICTS
Section 50.20.000. RB-4 NEIGHBORHOOD BII8iNE88 DISTRICT
50.20. 010
Intent. This district is intended to provide for neighborhood
business and service areas located at the fringe of residential
developments, adjacent to the major streets that serve the area.
It is the intent of this district to provide for low impact and low
traffic commercial uses that provide convenience goods and personal
services to neighborhood residents. The site and architectural
design of any commercial use shall be sensitive to and compatible
with an adjacent residential development and will protect residen-
tial property values. No outdoor storage shall be permitted.
50.20. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the RB-4 Neighborhood
Business District.
50.20. 030
Permitted IIses. None; see Permitted Special Uses
50.20. 040
Permittsd Special IIses. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
1. All uses allowed as a permitted use in the R-3 district
provided that
a. One of the frontages shall abut upon a local street.
2 . Business or professional office, medical or dental clinic,
grocery store, drugstore
a. One of the frontages shall abut upon a collector or
arterial street.
b. Floor area of one building shall not exceed 5, 000
square feet.
3 . Personal Service
a. One of the frontages shall abut upon a collector or
arterial street.
b. Floor area of one building shall not exceed 2,000
square feet.
4. Meat Market, Delicatessen
a. One of the frontages shall abut upon a collector or
arterial street.
b. Floor area of one building shall not exceed 3, 000
square feet.
5. Day Care Facility
51
• �l i � .
a. A four (4) foot high transparent fence shall be
constructed between the play area and the street when
the play area is adjacent to any arterial or collector
street.
b. A safe pick-up and drop-off area shall be pro-
vided.
6. Boardinghouse
a. A layout of the building and parking area shall be
submitted for City Engineering Department approval.
b. Asphalt or concrete surfacing is required for all
parking lots with five (5) or more spaces.
7. Group Home
a. Applicants shall provide statements as to the type of
supervision the home will have.
50.20.050
conditional Uses
1. Church
2. Gas dispensing station
50.20. 060
Density, Area, Yard and Heiqht Requlations.
The RB-4 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Commercial 5,000
Usea aq.ft. 50' 20' **** 30' 35'
Residential
Uses
Single
Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwellinq
Units 8,400 65' 20' 7' 25' 35'
SF Attached ,
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Unita on non-
party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on n on-
party wall
4 Units 14,000 105' 20' 0' or 7' 25' 35'
on non-
party wall
52
. � . � .
Apts. , Condo-
miniums,
Townhousea*
(3 or more
Unita) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other
Allowable
Uaes 6,000 50' 20' 7'*** 25' 45'
* Three hundred (300) square feet of landscaped area shall be provided for
each dwelling unit exclusive of required buildinq setback areas, acceee
drives and parking lota. �ao thirds (2/3) of the landscaped area shall be
located in a continuous, sinqle tract which contains no portions thereof
which are not contiguous, adjacent and abutting to either the entire width
or entire lenqth of said tract. 50$ of the required landscaped area may be
uaed for parking spaces in excess of the minimum requirement. Parkinq lots
shall be screened from sinqle and two-family residential uses accordinq to
Section 50.70.356, Additional Use Regulations.
** A maximum of 24 dwelling units per acre shall be allowed.
*** The sideyard will be required to be increased to 10 feet when the building
is 3 or more atories in height.
**** A twenty foot (20' ) landscaped area shall be required between an abutting
residential district boundary line and any structure, accese drive, parking
lot or other accessory use.
Density per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group
quarters where no cooking facilities are provided in individual
rooms.
50.20. 070
Accessory IIses. Accessory uses and building permitted in the RB-4
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.20. 080
Parkinq Requlations. Parking, loading and stacking within the RB-4
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.20.090
Siqn Requlations. Signs within the RB-4 District shall be in
conformance with the regulations set forth in Section 50.80. 000.
50.20. 100
other Requlations. Development within the RB-4 District shall be
in conformance with the regulations set forth in Section 50.70.000
General Regulations.
53 �
� ,. . , .
Section 50.21.000. BII8INE88 B-1 CENTRAL
50.21. 010
Intent. This district is intended to provide a strong supportive
retail center. It is the intent of this district to place a high
priority on retail trade, office, personal service, institutional
and entertainment center uses. Integrating new uses with existing
businesses is encouraged. No outdoor storage shall be permitted.
50.21. 020
Scope ot Requlations. The regulations set forth in this section or
set forth elsewhere in this ordinance, when referred to in this
section, are the district regulations of the Business B-1 Central
District.
50.21. 030
Permitted IIses.
1. Retail or service store
2. Personal service store
3 . Personal health service
4. Hotel
5. Financial institution
6. Office
7. Public transportation facility
8. Public utility facility
9. Parking facility or lot
50.21. 040
Permitted 8pecial Usea. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
1. Storage and warehousing
a. All operations, equipment and materials shall be
stored within a completely enclosed structure
2. Day care facility
a. A four foot (4 ' ) high transparent fence shall be
constructed between the play area and the street.
3 . Apartment
a. Dwelling units shall be located on the second floor or
above
50.21.050
Conditional IIses.
1. Repair garage
2. Assembling and packaging
3 . Apartments for the elderly
54
. , , ,� .
50.21.060
Density, Area, Yard and Heiqht Requlations.
The B-1 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All
Uses - - - -* 20'* 50'
* A thirty foot (30' ) landscaped area ahall be required between an abuttinq
reaidential district boundary line and any structure, accesa drive, parkinq
lot or other accessory use.
50.21.070
Accessory IIses. Accessory uses and building permitted in the B-1
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.21.080
Parkinq Rsqulations. Parking, loading and stacking within the B-1
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.21. 090
Siqn Requlations. Signs within the B-1 District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.21. 100
Other Requlations. Development within the B-1 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
55
. ., , , .
Section 50.22.000. BII8INE88 B-2
50.22. 010
Intent. This district is intended to provide a moderate variety of
retail and personal services. This district will include commer-
cial uses whose retail operation and outdoor display of retail
merchandise will be compatible with residential neighborhoods. No
unscreened outdoor storage is permitted.
50.22. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Business B-2 District.
50.22 .030
Permitted IIses.
1. Al1 permitted uses in the B-1 Central
2 . Grocery supermarket
3. Drive-in food service
4. Funeral home or mortuary
5. Gas dispensing station
6. Automobile sales
50.22 .040
Permitted 8pecial IIses. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
1. Car wash
a. The entire operation shall be within an enclosed
structure.
b. Drainage shall be contained on the site.
2 . Day care facility
a. A four foot (4 ' ) high transparent fence shall be con-
structed between the play area and the street.
b. An off-street pick-up and drop-off area shall be
provided.
3 . Seasonal roadside stand
a. The applicant shall furnish a written statement of
permission from the property owner.
4. Mixed business/residential use
a. Provisions of Section 50.70.100, Nonconforming and
Non-standard Uses shall govern all residential uses.
b. A site plan showing off-street parking for each use
shall be submitted.
5. Citizen's dropoff for recyclables
a. Applicants shall furnish a statement guaranteeing
supervision, maintenance and clean-up of the site.
56
. , � . �
50.22 . 050
Conditional IIses.
1. Wholesale trade
2. Automobile service station
3 . Repair garage
4. Assembling and packaging
5. Freight handling
6. Manufacturing, light
7. Domestic abuse shelter
8. Apartment
50.022.060
Density, Area, Yard and Seiqht Requlations.
The B-2 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Denaity Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Commercial
Usea 15,000 100' 25' -* 20'* 45'
Other
Allowable
Uses 15,000 100' 25' 7'** 20' 45'
* A forty foot (40' ) landscaped area ahall be required between an abutting
residential district boundary line and any atructure, access drive, parking
lot or other accessory use.
** The sideyard will be required to be increased to ten feet (10' ) when the
building is three (3) or more stories in height.
50.22 . 070
Accsssory IIses. Accessory uses and building permitted in the B-2
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.22 . 080
Parkinq Requlations. Parking, loading and stacking within the B-2
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.22 . 090
Siqn Requlations. Signs within the B-2 District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.22 . 100
Other Requlations. Development within the B-2 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
57
� . � . .
Section 50.23.000. HIISINE88 B-2A OFFICE
50.23 .010
Intent. This district is intended to provide for a mixture of
office and other compatible and complimentary uses. This district
is intended to be located in close proximity to commercial uses or
used as a transitional zone between commercial and residential
uses. An emphasis shall be placed on landscaping and site
arrangement.
50.23 .020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Business B-2A Office
District.
50.23 .030
Permitted IIses.
1. Of f ice
2. Medical or dental clinic
3 . Funeral home or mortuary
50.23 .040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
l. Broadcast station or studio
a. no communication towers allowed
50.23 .050
Conditional IIses
1. Home Occupation
2 . Mixed business/residential use
50.23.060
Denaity, Area, Yard and Heiqht Requlations.
The B-2A district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Heiqht
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All
Usea - - 25' -* 20'* 35'
* A twenty-five foot (25' ) landscaped area shall be required between an
abutting residential district boundary line and any structure, acceas drive,
parking lot or other acceasory use.
58
. r • t, I
50.23 .070
Accessory IIses. Accessory uses and building permitted in the B-2A
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.23 .080
Parkinq Requlations. Parking, loading and stacking within the B-2A
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.23.090
Siqn Requlations. Signs within the B-2A District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.23 . 100
Other Requlations. Development within the B-2A District shall be
in conformance with the regulations set forth in Section 50.70.000
General Regulations.
59
� ,> . , .
8ection 50.2�.000. BIISINE88 B-3 HEAVY
50.24.010
Intent. This district is intended to provide for a wide variety of
retail services. This district will include commercial uses
requiring large land areas, extensive retail operations, and
outdoor display of inerchandise. Inventory and material storage
shall be screened.
50.24.020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Business B-3 Heavy
District.
50.24. 030
Permitted IIses.
1. Retail or service store
2 . Personal service store
3 . Hotel
4. Financial institution
5. Public transportation facility
6. Public utility facility
7. Parking facility or lot
8. Grocery supermarket
9. Drive-in food service
10. Gas dispensing station
11. Animal hospital
12 . Car wash
13 . Indoor or outdoor recreational facility
14. Temporary storage facility
15. Automobile sales
50.24. 040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with the conditions prescribed
herein:
l. Outdoor sales
a. Used parts and other material storage shall be
screened from adjoining property.
2 . Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely
enclosed building.
3. Lumberyard
a. The lumber storage area shall be at the rear of the
building and screened from any arterial street or
residential district.
b. Seasonal outdoor displays shall not reduce the number
of parking spaces on the lot below the minimum re-
quirements.
60
. � • . �
4. Nursery or greenhouse
a. Any land used to grow flowers, shrubs or trees shall
not be located within 100 feet of an arterial street.
5. Reverse vending machine
a. A refuse and litter control plan shall be approved by
the Deputy Health Officer.
6. Automobile service station
a. No fuel delivery pump shall be located within twenty
feet (20 ' ) of any side lot line or right-of-way line.
No fuel pump shall be located within fifty feet (50 ' )
of the side or rear lot line abutting a residential
district.
b. All repair work shall be done within a completely
enclosed building.
c. All used automobile parts and dismantled vehicles
shall be screened from adjacent property.
7. Citizen's dropoff for recyclables
a. A refuse and litter control plan shall be approved by
the Deputy Health Officer.
b. No container shall be located within 100 feet of a
residential district.
8. Motor vehicle repair shop
a. All repair work shall be done within a completely
enclosed building.
b. All used automobile parts and dismantled vehicles
shall be screened from adjacent property.
9. Seasonal roadside stand/operation
a. The stand or vehicle from which a product is sold
shall not be located within twenty feet (20' ) of a
right-of-way line.
10. Motel
a. A minimum lot area of 1, 000 square feet shall be
provided for each sleeping room or suite.
50.24 . 050
Conditional IIses.
1. Assembling and packaging
2 . Freight handling
3 . Manufacturing, light
4. Mixed business/residential use
5. Contractors shop and storage yard
6. Buy back center for recyclables
7. Household hazardous waste site
8. Light processing facility
9. Transfer site for recyclables
10. Day care facility
11. Kennel
61 II
' . • � .
50.24.060
Density, Area, Yard and Heiqht Requlations.
The B-3 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Heiqht
Denaity Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All
Uses - - 20' -* 20'* 45'
* A fifty foot (50' ) landscaped area shall be required between an abutting
residential district boundary line and any structure, accesa drive, parking
lot or other accessory use.
50.24. 070
Accessorp IIses. Accessory uses and building permitted in the B-3
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.24.080
Parkinq Requlations. Parking, loading and stacking within the B-3
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.24. 090
8iqn Requlations. Signs within the B-3 District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.24.100
Other Requlations. Development within the B-3 District shall be in
conformance taith the regulations set forth in Section 50.70.000
General Regulations.
62
. � � . �
Section 50.25.000. BII8INE88 H-4 HIGHEWAY
50.25. 010
Intent. This district is intended to provide for aesthetically
designed commercial areas primarily near and adjacent to major
arterials. Uses shall generally be highway oriented involving
intensive retail, general merchandise and other light commercial
uses. Outdoor storage is not allowed.
50.25. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Business B-4 Highway
District.
50.25.030
Permitted IIses.
1. Retail or service store
2 . Gas dispensing station
3 . Truck stop with truck wash
4 . Public transportation facility
5. Public utility facility
6. Grocery supermarket
7 . Drive-in food service
8 . Animal hospital
9. Indoor or outdoor recreational facility
10. Parking facility or lot
11. Automobile service station
12. Financial institution
50. 25. 040
Permitted Special IIses. A building or premises may be used for the
following purposes in conformance with the conditions
prescribed herein:
1. Reverse vending machine
a. A refuse and litter control plan shall be approved by
the Deputy Health Officer.
2 . Outdoor sales
a. Used parts and other material storage shall be
screened.
3 . Utility trailer and truck rentals
a. An adequate pickup and dropoff area shall be main-
tained on the lot.
4 . Citizen's dropoff for recyclables
a. A refuse and litter control plan shall be approved by
the Deputy Health Officer.
5. Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely
enclosed building.
6. Lumberyard
63
a. The lumber storage area shall be at the rear of the
building and screened from any street or residential
district.
b. Seasonal outdoor displays shall not reduce the number
of parking spaces on the lot below the minimum re-
quirements.
7. Nursery and greenhouse
a. Any land used to grow flowers, shrubs or trees shall
not be located within 100 feet of an arterial street.
8. Roadside stand
a. The stand or vehicle from which a product is sold
shall not be located within twenty feet (20' ) of a
right-of-way line.
9. Motel
a. A minimum lot area of 1, 000 square feet shall be
provided for each sleeping room or suite.
50.25.050
Conditional IIses.
1. Assembling and packaging operation
2. Freight handling
3 . Manufacturing, light
4. Buy back center for recyclables
5. Household hazardous waste
6. Day care facility
7. Transfer site for recyclables
8. Kennel
50.25. 060
Density, Area, Yard and Heiqht Requlations.
The B-4 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All
Uaes 40,000* 200'** 50' 25'*** 30'***
* A lot fronting on a service road or non-arterial right-of-way may have a
minimum lot area of 30,000 square feet.
** A lot fronting on a service road or non-arterial right-of-way may have a
minimum lot width of 150 feet.
*** A forty foot (40' ) landacaped area shall be required between an abutting
residential district boundary line and any structure, access drive, parking
lot or other acceseory use.
64
50.25. 070
Accessory IIses. Accessory uses and building permitted in the B-4
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.25.080
Parkinq Requlations. Parking, loading and stacking within the B-4
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.25. 090
Siqn Requlations. Signs within the B-4 District shall be in
conformance with the regulations set forth in Section 50.80.000
50.25. 100
Other Requlations. Development within the B-4 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
65
ARTICLE VI. INDUSTRIAL DISTRICTS
SeCtioII 50.30.000. INDIISTRIAL I-1 LIGHT
50.30.010
Intent. This district is intended to provide for a number of light
manufacturing, light processing, warehousing and service uses.
This district includes the supportive commercial uses for the
industrial businesses.
50.30.020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Industrial I-1 Light
District.
50.30. 030
Permitted IIses.
1. Assembling and packaging
2 . Freight handling
3 . Manufacturing, light
4 . Storage and warehousing
5. Processing, light
6. Parking facility or lot
7. Office
8. Truck stop �
9. Automobile service station
10. Public utility facility
11. Reverse vending machine
12. Contractors shop and storage yard
13. Motor vehicle repair shop
50.430. 040
Permitted 8pecial IIses. A building or premises may be used
for the following purposes in conformance with conditions pre-
scribed herein:
1. Day care facility
a. A four foot (4 ' ) high transparent fence shall be con-
structed between the play area and the street.
b. An off-street pick-up and drop-off area shall be
provided.
2 . Light processing facility for recyclables
a. All storage and processing areas shall have perimeter
fencing on all sides.
3 . Buy back center for recyclables
a. A list of the types of recyclable material to be
collected shall be approved by the Deputy Health
Officer.
66
. . • , �
4. Citizens dropoff facility for recyclables
a. A site plan indicating the location of all containers
shall be submitted to the City Engineer's Office.
5. Household hazardous waste site
a. Such uses shall be within a completely enclosed
building.
b. The applicant shall comply with the provisions of
Article IV, Chapter 17 of the Code of Ordinances
6. Transfer site for recyclables
a. Al1 storage areas shall have perimeter fencing on all
sides.
b. A list of the types of recyclable material to be
collected shall be approved by the Deputy Health
Officer.
7. Automobile storage yard
a. Im ound area shall be surfaced with ravel as halt or
P 4 . P
o ete
c ncr
50. 30. 050
Conditional IIses. None
50. 30.060
Density, Area, Yard and Heiqht Requlations.
The I-1 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Heiqht
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All
Uses 20' 20'* 20'* 50'
* A fifty foot (50' ) landscaped area ahall be required between an abutting
residential district boundary line and any structure, access drive, parking
lot or other accessory use.
50. 30. 070
Accessory IIses. Accessory uses and building permitted in the I-1
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50. 30. 080
Parkinq Requlations. Parking, loading and stacking within the I-1
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50. 30. 090
Siqn Requlations. Signs within the I-1 District shall be in
conformance with the regulations set forth in Section 50.80.000.
67
� , • . .
50.30.100
Other Requlatfons. Development within the I-1 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
68
f
. • � � .
Section 50.31.000. INDIIBTRIAL I-iR REBTRICTED
50. 31.010
Intent. This district is intended to provide for aesthetically
designed industrial areas primarily near and adjacent to major
arterials. Design standards regulating storage, vehicular
movement, parking, location of buildings, landscaping, access
drives and signage will insure compatibility with surrounding uses.
50.31. 020
Scope ot ltsqulations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Industrial I-1R
Restricted District.
50. 31.030
Permitted IIses.
1. Assembling and packaging
2 . Freight handling
3 . Manufacturing, light
4 . Storage and warehousing
5. Processing, light
6. Parking facility or lot
7 . Office
8. Truck stop
9. Automobile service station
10. Public utility facility
11. Reverse vending machine
50. 31.040
Permitted Special IIses. A building or premises may be used
for the following purposes in conformance with conditions pre-
scribed herein:
1. Day care facility
a. A four foot (4 ' ) high transparent fence shall be con-
structed between the play area and the street.
b. An off-street pick up-and drop-off area shall be
provided.
50.31.060
Conditional IIses. None
50.31. 050
Density, Area, Yard and Heiqht Requlations.
The I-1R district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Heiqht
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
69
' . . . .
All
Uses 258* - - 100' S0'** 50'** 50'
* Buildings used solely for atorage and/or warehousing operations may occupy
no more than 50$ of the area of the lot.
** A one hundred foot (100' ) landscaped area shall be required between an
abutting residential district boundary line and any structure, access drive,
parking lot or other accessory uae.
50. 31.070
Accessory IIses. Accessory uses and building permitted in the I-1R
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.31.080
Parkinq Requlations. Parking, loading and stacking within the I-1R
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.31. 090
Siqn Requlations. Signs within the I-iR District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.31. 100
Other Requlations. Development within the I-1R District shall be
in conformance with the regulations set forth in Section 50.70.000
General Regulations.
8ite Plan Requirement
A. All proposed uses within the I-1R industrial district shall
be accompanied by a site plan. The plan must confona to
the following regulations and be approved by the Planning
Commission and City Commission before a building and use
permit is issued. The following data is required:
1. The size and location of all buildings, structures,
walls or other architectural features.
2 . The location and number of on-premise parking spaces
and all internal access drives and vehicular circula-
tion routes.
3 . The location and width of all ingress and egress
points.
4. The location of all off-street loading docks.
5. The character, type and extent of landscape develop-
ment.
6. The location and size of unenclosed, screened areas
for storage of raw materials and finished goods.
7. The location, height and facing of all signs.
8. The location of public sidewalks.
B. Additional site plan regulations are as follows:
70
• f. • � �
1. All parking areas, access drives, vehicular circula-
tion routes, loading and unloading areas shall be hard
surfaced.
2. Freight loading and unloading shall face a side or
rear yard.
3 . Outdoor storage of raw materials and finished goods
shall be screened with approved fencing or landscaping
so that it cannot be viewed from adjacent properties
or any right-of-way.
4. Landscaped areas shall be developed in the front fifty
feet (50' ) of a front yard and twenty-five feet (25 ' )
of a side or rear yard. Landscaped areas shall
include shrubbery or trees. A minimum of ten (10)
standard trees per acre shall be required based on the
total acreage of the site. .
71
• • • , .
Section 50.32.000. INDIISTRIAL I-2 HEAVY
50. 32 . 010
Intent. This district is intended to provide for heavy industrial
uses which may create a degree of nuisance which may not be
compatible with residential and light commercial uses. All uses in
this district shall comply with any state or local regulations
regarding noise, emissions, dust, odor, glare, vibration or heat
when applicable.
50.32. 020
Scope of Requlations. The regulations set forth in this section or
set forth elsewhere in this title, when referred to in this
section, are the district regulations of the Industrial I-2 Heavy
District.
50.32. 030
Permitted IIses.
1. Assembling and packaging
2. Freight handling
3 . Manufacturing, light
4. Storage and warehousing
5. Processing, light
6. Reverse vending machine
7. Parking facility or lot
8. Public utility facility
9. Truck stop
10. Automobile service station
11. Of f ice
12 . Contractors shop and storage yard
13 . Motor vehicle repair shop
50.32.040
Permitted 8pecial IIses: A building or premises may be used
for the following purposes in conformance with conditions pre-
scribed herein:
1. Day care facility
a. A four foot (4 ' ) high transparent fence shall be con-
structed between the play area and the street.
b. An off-street pick-up and drop-off area shall be
provided.
2. Buy back center for recyclables
a. A list of the types of recyclable material to be
collected shall be approved by the Deputy Health
Of f icer.
3. Citizens dropoff facility for recyclables
a. A site plan indicating the location of all containers
shall be submitted to the engineer's office.
4. Household hazardous waste site
72
� . . . � .
a. Such uses shall be within a completely enclosed
building.
b. The applicant shall comply with the provisions of
Article IV, Chapter 17 of the Code of Ordinances.
5. Transfer site for recyclables
a. All storage areas shall have perimeter fencing on all
sides.
b. A list of the types of recyclable material to be
collected shall be approved by the Deputy Health
Of f icer.
6. Light processing facility for recyclables
a. All storage and processing areas shall have perimeter
fencing on all sides.
7. Automobile storage yard
a. Impound area shall be surfaced with gravel, asphalt or
concrete.
50.32. 050
Conditional IIses.
1. Manufacture of acid, cement, lime, gypsum, plaster of
paris, asphalt, explosives, fertilizer, glue, sizing,
paper, paint, turpentine, yeast, oils, alcohol, bleach or
ammonia
2 . Refining of fat, grease, lard, tallow or petroleum
3 . Processing of grain, forage, toxic material, hides or furs
4. Distillation of products
5. Junkyard
6. Stockyards/slaughtering of animals
7 . Rendering
8. Smelting
9. Boilerworks
10. Tank farm
11. Grain terminal
12 . Farm store/feed store
13 . Crematoriwa �
50.32 . 060
Density, Area, Yard and Heiqht Requlations.
The I-2 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Deneity Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Al1
Uses - - 40' 20'* 20'* 50'
* A fifty foot (50' ) landscaped area ahall be required between an abutting
residential district boundary line and any atructure, access drive, parking
lot or other acceasory uae.
73
,, t . a
50.32 .070
Accessory IIsea. Accessory uses and building penaitted in the I-2
District are buildings and uses customarily incidental to any of
the permitted uses in the district.
50.32.080
Parkinq Requlations. Parking, loading and stacking within the I-2
District shall be in conformance with the regulations set forth in
Section 50.70.500.
50.32 .090
Siqn Requlations. Signs within the I-2 District shall be in
conformance with the regulations set forth in Section 50.80.000.
50.32. 100
Other Requlationa. Development within the I-2 District shall be in
conformance with the regulations set forth in Section 50.70.000
General Regulations.
74
. . . . � .
Section 50.40.000. PLANNED DEVELOPMENT DIBTRICT
50.40. 010
Intent. It is the intent of this district to provide flexibility
from conventional zoning regulations with increased public review
for Planned Development District projects in order to:
A. Encourage well-planned, efficient urban development.
B. Allow a planned and coordinated mix of land uses which are
compatible and harmonious, but were previously discouraged
by conventional zoning procedures.
C. Encourage more creative, higher quality and more ecologi-
cally sensitive urban design with special consideration
given to projects which incorporate desirable design
features such as underground parking, orientation or design
to take advantage of passive solar energy, environmental
, preservation, historic preservation, handicapped accessible
structures, unique use of open spaces, or other desirable
design features.
D. Improve communication and cooperation among the City of
Brookings land developers and interested residents in the
urbanization of new lands and the renewal of existing
deteriorated areas.
50.40. 020
8cope.
The regulations set forth in this section are the district
regulations in the Planned Development District, hereafter
sometimes referred to as "PDD" .
50.40. 030
Compliance �rith the Master Plan.
The development within the Planned Development Districts (PDD)
shall comply with the policies and design standards of the
existing Brookings Master Plan. Said developments and adjacent
projected developments shall be mutually compatible.
50.40. 040
Application Procedure.
A. Planned Development District. Zoning: Applications for a
change of zoning to a Planned Development District shall
be subject to the requirements of Section 50. 100.000.
B. Initial Development Plan. A request for a rezoning to a
Planned Development District shall be accompanied by an
initial development plan. Said plan shall be submitted at
least twenty (20) days prior to the Planning Commission
meeting in which it is to be heard. The Planning Commis-
sion shall review the initial development plan and forward
its recommendation, with or without modifications, to the
City Commission.
75
� , . , . .
The following information shall be specif ied on the initial
development plan:
1. Project name and legal description.
2. A preliminary subdivision plan in compliance with all
applicable subdivision regulations.
3. The proposed development scheme showing the following
inf ormation:
a. The proposed land uses including the number and
type of proposed residential buildings, the pro-
posed number of dwelling units per building, the
number and type of any proposed nonresidential
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.
Where unique physical, environmental or design
characteristics exist or are proposed, lesser
densities may be desirable.
d. The proposed maximum height, which shall not be
greater than those required in the traditional
zoning districts for similar uses. Where unique
physical, environmental or design characteristics
exist or are proposed, lesser heights may be
desirable.
e. Proposed design features illustrating compatibili-
ty with the surrounding environment and neigh�or-
hood.
f. Anticipated sub-area development sequence.
C. Final Development Plan. Prior to obtaining building
permits for construction on any lots in the PDD, a final
development plan shall be submitted to the Planning
Commission, which shall have sole authority to approve,
amend, or deny said plan. The final development plan may
be submitted in conjunction with the initial development
plan for concurrent approval on any sub-areas the developer
is ready to commit to a final plan. All the information
required for both an initial and final development plan
shall be shown for the areas submitted for concurrent
approval.
The final development plan shall be a scaled, reproducible
drawing showing the following information:
1. The subdivision name, the legal description, and
individual project name (if any) .
2. Boundaries of any sub-area or sub-areas submitted for
approval superimposed on the map of the initial
development plan.
3. A subdivision plan of the sub-area or sub-areas
submitted for approval in compliance with all applica-
ble subdivision regulations.
4. The development standards for the area or sub-areas
based on the requirements in one or more of the
traditional zoning districts.
76
. � � • '
5. The size, location and elevation of all proposed
structures including height and number of units.
6. The calculated floor area for each structure and each
use within said structure.
7. off-street parking lot arrangement designating all
parking and stacking spaces, off-street loading
spaces, and any outdoor trash container space.
8. Any sidewalks, bikeways or other paths and any areas
reserved for recreation activities such as basketball
and volleyball courts.
9. Any outdoor lighting type and location except for
standard street lights provided by the city.
10. A landscaping plan showing the type and location of
any walls, fences or berms, the placement, size, and
species of any trees or shrubs, �nd areas that will be
sod or seeded.
11. All existing and proposed utilities, drainage ways and
watercourses.
12. All curb cuts and private drives.
13 . Adjacent existing and proposed uses.
D. Amendmants. Requests for changes within a PDD shall be
submitted as an overlay on the initial or final development
plan. Amendments shall be classified as follows:
l. Major Amendments - The following changes are consid-
ered major amendments:
a. Any change in the proposed use(s) of land or
buildings.
b. A major change in the street plan.
c. An increase of twenty percent (20�) or more in the
total density of the development.
2 . Minor Amendments - The following changes are consid-
ered minor amendments:
a. Any adjustment in the dimensions of a building
(length, width or height) .
b. Any change in the number or location of access
drives.
c. Any decrease in required landscape areas, buffer
zones or other open areas.
d. A minor change in the street plan.
e. Any increase of less than twenty percent (20�) in
the density of any area or sub-area.
f. Any major change in the exterior design features
of a building.
g. Any change in the size or location of siqns.
3. Minimal amendments - The following changes are consid-
ered minimal amendments:
a. Any minor adjustment within a building which
involves a more intensive use.
b. Any change in the location of outdoor lighting,
sidewalks or bikeways, recreation areas or loading
docks.
77
� . - , .
E. Procedure For Amendments. Amendments to the PDD shall be
subject to the following review procedures
a. Major amendments - Major amendments to the initial
and/or final development plan shall be required to
be approved as an amendment to the Zoning Ordi-
nance, requiring the Planning Commission's review,
the City Commission's approval, and public notice
in accordance with Section 50.100.000.
b. Minor amendments - Minor amendments to the initial
and/or final development plan shall be required to
be approved by the Planning Commission at a hear-
ing for which notice has been published in a
locally circulated newspaper at least one week
prior to the Planning Commission meeting. Minor
amendme ts to the initial development plan may
also be�nade by the submission and approval of a
final development plan which is changed from the
approved initial development plan.
c. Minimal amendments - Minimal amendments to the
final development plan shall be submitted to the
zoning officer on a reproducible deveiopment plan
showing the requested changes. The zoning officer
may then approve said changes in writing if they
deem it appropriate.
78
, . , . . .
Section 50.50.000. BROORINGB AiRPORT SONiNa ORD2NANCE
50.50. 010
Purpose and Authority.
A. It is hereby found that an airport obstruction has the
potential of endangering the lives and property of users
of the Brookings Airport and property of occupants of land
in its vicinity; that an obstruction may reduce the size
of areas available for landing, takeoff and maneuvering of
aircraft, thus tending to impair or destroy the utility of
the Brookings Airport and the public investment therein.
Accordingly, it is declared:
1. The creation or establishment of an obstruction has
the potential of being a public nuisance and may
injure the region served by Brookings Airport;
2. It is necessary in the interest of the public health,
public safety and general welfare that the creation or
establishment of obstructions that are a hazard to air
navigation be prevented; and
3 . The prevention of these obstructions should be accom-
plished, to the extent legally possible, by the
exercise of the police power without compensation.
B. The prevention of the creation or establishment of airport
obstructions and the elimination, removal, alteration,
mitigation or marking and lighting of existing obstructions
are public purposes for which political subdivisions may
raise and expend public funds and acquire land or interests
in land.
50.50.020
Definitions.
A. For the purpose of interpreting this ordinance, the
following definitions shall apply:
1. Airport: The area designated and referred to in the
Brookings Airport Zoning Map as the Brookings Munici-
pal Airport.
2 . Airport elevation: The established elevation of the
highest point on the usable land area which elevation
is established to be one thousand six hundred thirty-
seven (1, 637) feet above mean sea level.
3 . Approach surface: A surface longitudinally centered on
the extended runway center line, extending outward and
upward from the end of the primary surface and at the
same slope as the approach zone height limitation
slope. In plan, the perimeter of the approach surface
coincides with the perimeter of the approach zone.
4. Conical surface: A surface extending outward and
upward from the periphery of the horizontal surface at
a slope of twenty (20) to one for a horizontal dis-
tance of four thousand (4, 000) feet.
79
• � � ( � �
5. Hazard to air navigation: An obstruction determined to
have a substantial adverse effect upon the safe and
efficient utilization of the navigable airspace.
6. Height: The elevation based on mean sea level.
7. Horizontal surface: A horizontal plane one hundred
fifty (150) feet above the established airport eleva-
tion, the perimeter of which in plan coincides with
the perimeter of the horizontal zone.
8. Larger than utility runway: A runway that is con-
structed for and intended to be used by propeller
driven aircraft of greater than twelve thousand five
hundred (12,500) pounds maximum gross weight and jet-
powered aircraft.
9. Nonprecision instrument runway: A runway having an
existing instrument approach procedure utilizing air
navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a
straight-in nonprecision instrument approach procedure
has been approved or planned.
10. Obstruction: Any structure, growth or other object,
including a mobile object.
il. Primary surface: A surface longitudinally centered on
a runway. When the runway has a specially prepared
hard surface, the primary surface extends two hundred
(200) feet beyond each end of that runway; for mili-
tary runways or when the runway has no specially
prepared hard surface, or planned hard surface, the
primary surface ends at each end of that runway. The
elevation of any point on the primary surface is the
same as the elevation of the nearest point on the
runway center line.
12 . Runway: A defined area on an airport prepared for
landing and takeoff of aircraft along its length.
13 . Structure: An object, including a mobile object,
constructed or installed by man, including but not
limited to buildings, towers, cranes, smokestacks,
earth formation and overhead transmission lines.
14. Transitional surfaces: Surfaces which extend outward
at ninety-degree angles to the runway at a slope of
seven (7) feet horizontally for each one (1) foot
vertically from the sides of the primary and approach
surfaces to where they intersect the horizontal and
conical surfaces.
15. Utility runway: A runway that is constructed for and
intended to be used by propeller driven aircraft of
twelve thousand five hundred (12,500) pounds maximum
gross weight or less.
50.50. 030
Airspaca obstruction Zones and Heiqht Limitations.
A. There are hereby created and established airspace zones
which include all of the land lying beneath the approach
80
surfaces, transitional surfaces, horizontal surfaces and
conical surfaces as they apply to Brookings Airport. Such
zones are shown on Brookings Airport Zoning Map consisting
of one sheet, prepared by Banner Associates, Inc. , Consult-
ing Engineers, Brookings, South Dakota, and dated May,
1978, which is hereby made a part of this ordinance. The
various zones are hereby established and defined as
follows:
1. Utility runway visual approach zone (Designated as
existing runway 18/36 and 8/26) : The inner edge of
this approach zone coincides with the width of the
primary surface and is two hundred fifty (250) feet
wide. The approach zone expands outward uniformly to
a width of one thousand two hundred fifty (1,250) feet
at a horizontal distance of five thousand (5, 000) feet
from the primary surface. Its center line is the
continuation of the center line of the runway.
2 . Utility runway nonprecision instrument approach zone
(designated as ultimate runway 18/36) : The inner edge
of this approach zone coincides with the width of the
primary surface and is five hundred (500) feet wide.
a d uniforml to a width
The a roach zone expands outw r y
PP
of two thousand (2, 000) feet at a horizontal distance
five thousand (5, 000) feet from the primary surface.
Its center line is the continuation of the center line
of the runway.
3 . Runway larger than utility with a visibility minimum
as low as three-fourths (;) mile nonprecision instru-
ment approach zone (designated as runway 12/30) : The
inner edge of this approach zone coincides with the
width of the primary surface and is one thousand
(1, 000) feet wide. The approach 2one expands outward
uniformly to a width of four thousand (4, 000) feet at
a horizontal distance of ten thousand (10,000) feet
from the primary surface. Its center line is the
continuation of the center line of the runway.
4. Transitional zone: The transitional zones are the
areas beneath the transitional surfaces.
5. Horizontal zone: The horizontal zone is established by
swinging ares of ten thousand (10, 000) feet radii from
the center of each end of the primary surface of
runway designated as runway 12/30 and connecting the
adjacent ares by drawing lines tangent to those ares.
The horizontal 2one does not include the approach and
transitional zones.
6. Conical zones: The conical zone is established as the
area that commences at the periphery of the horizontal
zone and extends outward therefrom a horizontal I
distance of four thousand (4, 000) feet.
B. Except as otherwise provided in this ordinance, no struc- ',
ture shall be erected, altered or maintained, and no tree �
shall be allowed to grow in any airspace zone created by I
81
this ordinance to a height in excess of the applicable
height limit herein established for such zone. Such
applicable height limitations are hereby established for
each of the zones as follows:
1. Utility runway visual approach zone (designated as
existing runway 18/36 and 8/26) : Slopes twenty (20)
feet outward for each foot upward beginning at the end
of and at the same elevation as the primary surface
and extending to a horizontal distance of five thou-
sand (5,000) feet along the extended runway center
line.
2. Utility runway nonprecision instrument approach zone
(designated as ultimate runway 18/36) : Slopes twenty
(2 0) f eet outward f or each f oot upward beginning at
the end of and at the same elevation as the primary
surface and extending to a horizontal distance of five
thousand (5,000) feet along the extended runway center
line.
3. Runway larger than utility with a visibility minimum
as low as three-fourths (4) mile non precision instru-
ment approach zone (designated as runway 12/30) :
Slopes thirty-four (34) feet outward for each foot
upward beginning at the end of the same elevation as
the primary surface and extending to a horizontal
distance of ten thousand (10, 000) feet along the
extended runway center line.
4. Transitional zones: Slope seven (7) feet outward for
each foot upward beginning at the sides of and at the
same elevation as the primary surface and the approach
surface, and extending to a height of one hundred
fifty (150) feet above the airport elevation which is
one thousand six hundred thirty-seven (1, 637) feet
mean sea level. In addition to the foregoing, there
are established height limits sloping seven (7) feet
outward for each foot upward beginning at the sides of
and at the same elevation as the approach surface, and
extending to where they intersect the conical surface.
5. Horizontal zone: Established at one hundred fifty
(150) feet above the airport elevation or at a height
of one thousand seven hundred eighty-seven (1,787)
feet above mean sea level.
6. Conical zone: Slopes twenty (20) feet outward for each
foot upward beginning at the periphery of the horizon-
tal zone and at one hundred fifty (150) feet above the
airport elevation and extending to a height of three
hundred fifty (350) feet above the airport elevation.
50.50.040
Satety Zones.
A. In order to carry out the purpose of this ordinance, as set
forth above and also, in order to restrict those uses which
may be hazardous to the operational safety of aircraft
82
. � � • � �
operating to and from Brookings Airport, and furthermore
to limit population and building density in the runway
approach areas, thereby creating sufficient open space so
as to protect life and property in case of an accident,
there are hereby created and established the following
safety zones:
1. Safety zone A: Al1 land in that portion of the ap-
proach zones of a runway, as defined in section
50.50.030 (A) hereof, which extends outward from the
end of the primary surface a distance equal to one-
third ('f,) of the planned length of the runway, which
distance shall be:
a. One thousand eight hundred nine (1,809) feet for
runway 12/30.
b. One thousand two hundred (1,2 0 0) f eet f or ultimate
runway 18/36.
2. Safety zone B: Al1 land in that portion of the ap-
proach zones of a runway, as defined in section
50.50. 030 (A) hereof, which extends outward from safety
zone A, a distance equal to two-thirds (?ia) of the
planned length of the runway, which length shall be:
a: Three thousand six hundred nineteen (3, 619) feet
for runway 12/30.
b: Two thousand four hundred (2,400) feet for ulti-
mate runway 18/36.
3. Safety zone C: All that land which is enclosed within
the perimeter of the horizontal zone, as defined in
section 50.50. 030 (A) hereof, and is not included in
safety zone A or B.
50.50. 050
Land IIse Restrictions.
A. Subject at all times to the height restrictions set forth
in section 50.50. 030(B) hereof, no use shall be made of any
land in any of the safety zones which creates or causes
interference with the operations of radio or electronic
facilities located upon the airport, with radio or elec-
tronic communications between the airport and aircraft,
makes it difficult for pilots to distinguish between
airport lights and other lights, results in glare in the
eyes of pilots using the airport, impairs visibility in the
vicinity of the airport, or otherwise endangers the
landing, taking off or maneuvering of aircraft.
1. Safety zone A: Subject at all times to the height
restrictions and to the general restrictions areas
designated as safety zone A shall contain no buildings
or temporary structures, exposed transmission lines,
or other similar land use structural hazards and shall
be restricted to those uses which will not create,
attract, or bring together an assembly of persons
thereon. Permitted uses may include agriculture
83
(seasonal crops) , outdoor recreation facilities,
cemeteries and auto parking.
2. Safety zone B: Subject at all times to the height
restrictions and general restrictions, areas designat-
ed as safety zone B shall be restricted in use as
follows:
a. Each use shall be on a site whose area shall not
be less than one-half (z) acre. A building, used
for residential purposes, where permitted, shall
be considered as one use.
b. A building plot shall be a single, uniform and
non-contrived area, whose shape is uncomplicated
and whose area shall not exceed the following
minimum ratios with respect to the total site
area:
Ratio of Maximum Site
Site Area But Less Site Area Building Population
At Least Than To Building Plot Area (16 persons/
(Acres) (Acres) Plot Area (sq. Ft. ) acre)
� 1 8:1 2,720 8
1 3 10:1 4,350 15
3 4 12: 1 10,890 45
4 6 10: 1 17,420 60
6 10 8:1 32, 670 90
10 20 6:1 72, 600 150
20 and up 4:1 218, 000 300
c. Each use shall meet all applicable requirements of
the underlying zoning district.
d. The following uses are specifically prohibited in
zone B: Churches, hospitals, schools, theaters,
stadiums, hotels and motels, trailer courts, camp
grounds and other places of public assembly.
4. Safety zone C: Safety zone C is subject only to height
restrictions and to the general restrictions.
84
. . � � � •
Section 50.60.000. LARGS SCALE RESIDENTIAL DEVELOPMENT REGIILATZONB
A Large Scale Residential Development (LSRD) may be proposed in
the R-lA, R-1B, R-2, R-3 or R-3A residential district. A develop-
ment plan shall be prepared by and have the seal of an architect or
engineer. It shall be submitted to the City Engineer's Office a
minimum of fifteen (15) days prior to the Planning Commission
meeting at which it is to be heard.
All LSRD's are subject to the following requirements:
A. The development shall have a minimum of ten (10) acres.
B. The rules, regulations and standards guiding land subdivi-
sion in the City of Brookings (Appendix B) may be modified.
Al1 proposed variances to the requirements in Appendix B
shall be included as explanatory matter on a development
plan.
C. The zoning ordinance regulating land use within the City
of Brookings (Chapter 50) may be modified as follows:
1. Density requirements shall be computed using lot
areas, open space and neighborhood park land. Land
set aside for churches, schools and similar uses will
not be included.
2. Lot area and frontage minimums for each lot shall be
stated on the development plan.
3 . Front, side and rear yard setbacks and building
heights shall be stated on the development plan.
Variances to the minimum yard setback around the
boundaries of the development shall not be permitted.
D. Additional information required on the development plan
shall include trails, paths, bikeways, sidewalks, lakes,
streams, landscape corridors and any other prominent
� natural or man-made features of the development.
E. The Planning Commission shall review the proposed develop-
ment plan in accordance with the standards set forth in the
Subdivision and Zoning regulations. The Planning Commis-
sion shall forward their recommendation to the City
Commission who may approve or disapprove the action of the
Planning Commission, with or without modification.
85
. , , , , ,
ARTICLE VII. GFaJERAL REGULATIONS
Section 50.70.000. NONCONFORMING AND NON STANDARD IISEB, HIIILDINGB
AND STRIICTIIRES
50.70. 110
Purpose and Intent. The purpose of this section 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.
50.70. 120
Scope of Requlations. This ordinance establishes separate
districts, each of which is an appropriate area for the location of
the uses which are permitted in that district. It is necessary and
consistent with the establishment of those districts that those
nonconforming uses, buildings and structures which substantially
and adversely affect the orderly development and property value of
other property in the district be either discontinued, reduced to
conformity as soon as the fair interests of the parties will
permit, or be permitted to continue with certain restrictions.
50.70. 130
Continuation of Noncontorminq IIse. Whenever a use, building or
premises becomes a nonconforming use through a change in the zoning
ordinance or district boundaries, such use may be continued
although the use does not conform to the provisions hereof. The
continuance of nonconfonaing uses, structures or land shall be
subject to the following limitations:
A. Expansion. A building containing a nonconforming use shall
be allowed a 25 percent maximum expansion based on its
gross floor area excluding any basement. Such enlargement
shall be permitted provided the yard, height, landscaping,
parking and loading requirements of the zoning district in
which it is located are complied with.
example computation:
N = existing gross floor area in square feet
N sq. ft. x .25 = maximum enlargement
B. Reconstruction/Restoration. When the use of a building or
structure is nonconforming and such a building or structure
is destroyed by a fire, explosion, act of God, or the
public enemy, such building or structure shall only be
reconstructed or restored in accordance with the applicable
requirements of the zoning district in which it is located.
For the purpose of this ordinance, a structure shall be
considered to be destroyed when the cost of restoration
86
exceeds one-half the cost or estimated cost of original
construction.
When a building or structure is damaged but not
destroyed by fire, explosion, or act of God, such building
or structure may be repaired or reconstructed and may
subsequently have the same or a more restrictive use.
C. Chanqe in IIse. A nonconforming use shall not be changed
except to a conforming use or to a permitted use in a more
restrictive zoning district. A change of a nonconfonaing
use in an industrial district to a residential use shall
not be permitted. For the purpose of this ordinance, each
of the following districts shall be considered to be "more
restrictive" than those districts it numerically precedes:
1. FW Floodway
2. A Agricultural
3 . R-1 Rural estate residence
4. R-lA Single family residence
5. R-1B Single family residence
6. R-2 Two-family residence
7. R-3 Apartment
8. R-3A Apartment/mobile home
9. B-2A Professional office
10. RB-4 Neighborhood business
11. B-1 Central business
12. B-2 Fringe business
13 . B-4 Highway business
14 . B-3 Heavy business
15. I-1R Restricted industry
16. I-1 Light industry
17. I-2 Heavy industry
D. Substitution of Nonconforminq IIsos. A nonconforming use
shall not be changed to any other nonconforming use unless
the Planning Commission finds that the proposed nonconform-
ing use is not more detrimental to the district than the
existing nonconforming use of the property. The Planning
Commission shall forward its recommendation to the City
Coaunission which shall approve or deny the request with or
without modification.
E. Repairs and Maintenance. Ordinary repairs to a building
or structure containing a nonconforming use shall be
permitted provided that no structural alterations shall be
made in or to such building or structure except those
required by law or to make the building or structure and
use thereof conform to the regulations of the district in
which it is located.
For the purpose of this chapter, "ordinary repairs"
shall include normal maintenance of a building or structure
87
� , � � ,
and other replacements of, or substitutions for, machinery
or equipment not involving structural alterations.
50.70. 140
Diacontinuance of Nonconforminq IIse. Nonconforming uses, struc-
tures and lands shall not be permitted to continue if such use is
discontinued for more than one (1) year.
The City Commission may adopt, after notice by certified mail
to the property owner, an amortization schedule to bring about the
gradual elimination of such nonconforming use.
50.70. 150
Nonconforminq IIses in General. In general, nonconforming uses
shall meet the following requirements:
A. The existence of a nonconforming use on a part of a lot
shall not be construed to establish a nonconforming use
upon the entire lot.
B. A nonconforming building or structure may be moved in whole
or in part to another location on the lot as long as said
building or structure would not be nonstandard after such
move is completed.
C. Accessory buildings and uses customarily incidental to the
operation of the nonconforming use may be constructed on
the property provided they are constructed according to all
applicable codes and regulations and further provided that
said construction does not exceed the 25 percent expansion
allowed for enlargements of nonconforming uses in acc.or-
dance with section 50.70.130 (A) .
50.70. 160
Nonstandard IIses. Nonstandard uses may be continued although such
uses do not conform to the provisions hereof. Nonstandard struc-
tures and buildings may be enlarged, extended, reconstructed or
altered if such changes comply with the yard, height and parking
requirements for the district in which they are located.
50.70. 170
Eltect On IIse Which Is Illeqal IInder Prior Law. Nothing in this
ordinance shall be interpreted as authorization for, or approval
of, the continuance of the use of a building, structure or premises
in violation of zoning regulations in effect prior to the effective
date of this ordinance. Accordingly, the use shall have been
lawfully established.
88
8ection 50.70.200. ADDITIONAL IISE R$GIILATIONB.
50.70. 210
Scope of Requlations. The regulations set forth in this section
supplement the district regulations appearing elsewhere in this
ordinance.
50.70.220
Home Occupations. Home occupations are those secondary uses
allowed upon a premises provided the occupation and use complies
with the following requirements:
A. The occupation is a customary use carried on within a
dwelling unit or within a building accessory to a dwelling
unit.
B. The occupation is clearly incidental and secondary to the
principal use of the dwelling unit for residential purpos-
es.
C. The occupation shall not occupy more than fifty (50)
percent of the floor area of one story within a dwelling
unit or structure accessory thereto.
D. Only members of the immediate family residing on the
premises may be employed by or participate in the home
occupation.
E. A s ign not more than one (1) square f oot in area may be
attached to the exterior of the dwelling unit or accessory
structure. The sign shall not be illuminated.
F. There shall be no exterior display, no exterior storage of
materials and no other exterior indication of the home
occupation except for a sign.
G. Limited quantities of inerchandise which is directly related
to the home occupation may be sold to clients.
H. Materials that are combustible or toxic shall not be stored
on the premises.
I. Any process or activity which causes odors, dust, glare,
noise, smoke, heat or vibration which would have a detri-
mental or negative effect upon adjacent properties shall
not be allowed.
J. No occupation shall require substantial internal or
external alterations or involve construction features not
customary in a dwelling.
K. Additional on-premise parking shall be required in accor-
dance with section 50.70.530.
L. The following occupations shall be permitted subject to the
requirements of this section.
1. Artist
2 . Sculptor
3 . Author
4. Barbershop or beauty shop
5. Tailor, milliner, seamstress
6. Professional office
7. Private teaching/tutoring
89
8. Musical instruction
9. Private dancing
10. Specialty bakery/catering service
11. Electrolysis
12. Handicrafts
13. Coin shop
14. Saw sharpening
15. Gunsmithing
16. Portrait studio
17. Individual counseling
18. Bicycle repair
19. Furniture repair
20. Air conditioner, appliance and electronic repair
50.70.230
Quarryinq/Material Estraction. Sand, gravel and construction
aggregate mining shall be regulated by South Dakota Codified Laws
Title 45. Licensed operators shall provide a copy of the reclama-
tion plan to the City.
50.70.240
Mobile Homes/Manufactured Housinq
A. Regulations regarding mobile homes/manufactured housing are set
forth as follows:
1. Single mobile homes/manufactured homes located upon
individual lots shall be set on footings and foundations
as specified by the City Engineer's Office.
B. Regulations regarding mobile home/manufactured housing parks
shall meet the following minimum standards:
1. Buffer Zone - The park shall be surrounded by a forty foot
(40' ) landscaped area along the street frontage of an
arterial street, twenty-five feet (25' ) along other street
frontages and fifteen feet (15 ' ) along other park bound-
aries.
2. Streets - Private roadways or streets within a park shall
have an asphalt or concrete surface thirty-four feet (34 ' )
in width where parking is permitted on both sides, twenty-
seven feet (27 ' ) in width where parking is restricted to
one side only, and twenty-four feet (24 ' ) wide where
parking is prohibited. All parks and private streets or
roadways shall have unobstructed access to a public highway
or street.
3 . Lot area - Each lot provided for the occupancy of a single
mobile home/manufactured housing unit shall have an area
of not less than 4, 000 square feet. Each lot shall abut
a public or private street.
a. Front yard - There shall be a front yard on each
street to which the lot abuts. A front yard shall be
not less than fifteen feet (15 ' ) wide. The distance
shall be measured from the wall of the structure to
the edge of the street surface at the closest point.
90
�
b. Side yard - Each side yard on a lot shall be not less
I than ten feet (10 ' ) wide.
c. Rear yard - There shall be a rear yard on each lot
e ot less than ten feet 10' wide.
which shall b n ( )
d. Esceptions:
1. A garage, when entered directly from the street,
shall have a front yard of not less than twenty
feet (20' ) .
2. A garage, canopy or carport may project into a
required side or rear yard provided it is not
within ten feet (10' ) of another mobile home,
garage or entryway and not within six feet (6' ) of
any other structure.
3 . A deck may project into a side or rear yard pro-
vided it is not within eight feet (8 ' ) of another
structure.
4 . An enclosed entryway or vestibule containing not
more than f if ty (50) square f eet of f loor area may
project into a required yard for a distance not to
exceed six feet (6 ' ) , but in no case shall it be
within 10 feet (10' ) of another dwelling unit,
garage, entryway or other structure.
5. Accessory buildings with not more than 120 square
feet of floor area may project into a required
side or rear yard provided it is not within five
feet (5 ' ) of another dwelling unit, garage, entry-
way or other structure.
4. Density - No park shall be permitted to have a density of
more than ten (10) mobile home/manufactured housing units
per acre and each park shall provide an area of not less
than eight (8) acres.
5. Expansion - Existing mobile home/manufactured housing parks
may be enlarged to an area of less than eight (8) acres
provided the expansion complies with the regulations set
forth in this section.
50.70.250
Accessorp Buildinqs and IIsas.
A. In the A, R-1, R-lA, R-iB, R-2, R-3, R-3A and RB-4 dis-
tricts, accessory buildings and uses are limited to the
following:
1. A private residential garage.
2. A storage shed, garden house, gazebo, noncommercial
greenhouse or pet shelter.
3 . Swimming pool, tennis court, basketball court or
volleyball court.
4. Similar uses customarily incidental to residential
uses.
5. No accessory building or use shall be constructed or
established upon a lot until the construction of the
principal building has actually commenced, and no
91
accessory buildings shall be used unless the principal
building on the lot is also being used.
6. The total square footage of all accessory buildings
shall not exceed 25 percent of the rear yard area.
B. In the B-2, B-2A, B-3, B-4, I-1 and I-2 districts, accesso-
ry buildings and uses are limited to the following:
1. Accessory buildings containing not more than 120
square feet of floor area and used solely for the
storage of ground maintenance equipment used on the
premises.
50.70.260
Fuel Dispensinq and Vahicle Repair Operations.
1. No fuel delivery pump shall be located within twenty
feet (20 ' ) of any side lot line or right-of-way line.
No fuel pump shall be located within fifty feet (50' )
of the side or rear lot line abutting a residential
district.
2. All repair work shall be done within a completely
enclosed building.
3. All used automobile parts and dismantled vehicles
shall be screened from adjacent property.
92
SeCtioII 50.70.300. ADDITIONAL YARD REGIILATIONS
50.70.304
8cope o! Requlations. The regulations set forth in this section
supplement the district regulations appearing elsewhere in this
ordinance.
50.70.308
More Than One Main Buildinq.
Where a lot or tract is used for a business, commercial, or
industrial purpose, more than one main building may be located upon
the block, lot or tract, but only when such buildings conform to
all yard requirements (e.g. front, side, rear) of the district in
which the block, lot or tract is located.
50.70.312
IInit Group of Buildinqs.
Where a block, lot or tract is to be occupied by two or more
buildings of similar use, character and architecture, each
principal building shall have the minimum lot area as required for
a single building on a single lot.
50.70.316
Accessory Buildinq Location.
A. An accessory building located upon a residential lot shall
not be within three feet (3 ' ) of any side or rear lot line.
Euceptions:
1. An accessory building that is located within ten feet
(l0' ) of the principal building at its closest point
and set back less than sixty feet (60' ) from the front
lot line shall provide the same side yard as is
required for the principal building.
2 . On corner lots, when the rear lot line abuts the side
lot line of an interior lot, an accessory building
located within sixty feet (60' ) of the front lot line
shall maintain the same setback from the rear lot line
as is required for sideyards in the district.
3 . A detached garage which faces an alley shall not be
within ten feet (10 ' ) of the alley line. ,
50.70.320 '
Projection of Porches, Decks and Platforms. '
Open, unenclosed porches, decks and platforms may project into a ;
required yard area as follows: I,
A. Porches, decks and platforms exceeding thirty inches (30") ��
in height shall not project into any required yard area.
Esception: Landings for doors may extend into any
required yard area a maximum of forty-eight inches (48") .
B. Porches, decks and platforms thirty inches (30") in height
or less above grade may extend into the front yard a
distance not greater than 20� of the minimum required
setback.
93
C. Porches, decks and platforms thirty inches (30") in height
or less may extend into the sideyard a distance not greater
than forty-eight inches (48") .
50.70. 324
Communication To�rers.
Regulations pertaining to communication towers shall be as follows:
1. Tower placement shall comply with the minimum front, side
and rear yard requirements for the respective zone in which
it is to be placed.
2. Ground towers may have a basic height of thirty-five feet.
For every one additional foot in from the side or rear
building setback lines, another one foot in height may be
added to a maximum height of sixty (60) feet.
3. Roof towers shall not extend more than twenty (20) feet
above the point of attachment.
4. Towers shall be constructed and anchored according to the
manufacturers instructions.
50.70.328
satellite Dish.
Regulations pertaining to satellite dishes shall be as follows:
1. Satellite dishes shall not encroach into any required yard
area.
2. Satellite dishes attached to the side or roof of a building
shall not extend more than 12 feet above the point of
attachment.
3 . Satellite dishes shall be constructed and anchored accord-
ing to the manufacturers instructions.
50.70. 332
Fences, Walla and Hadqea.
Regulations regarding fences, walls and hedges shall be as follows:
In all residential districts and on lots used principally for
residential purposes in any business or industrial district,
fences, walls and hedges shall not exceed thirty (30) inches in
height when located between the front lot line and the princi-
pal building. Fences and walls on any other part of a lot may
not exceed six (6) feet in height when located within the
setback area. The height of such walls and fences shall be
determined by measurement from the ground level at the lowest
grade within three (3) feet of either side of such fence or
wall.
Euception: Fences, walls and hedges up to six (6) feet in
height may be placed in a front yard of a lot abutting an
arterial street where:
1. Said lot is a double frontage lot.
2. The lot is not adj acent to an alley which accesses onto the
arterial street.
3 . The lot is not a corner lot.
4. No driveways exit onto the arterial street.
94
5. Fence, wall and hedge shall not be within four feet (4 � )
of the front property line.
50.70.336
Landscapinq. The City encourages developments which are safe,
clean, healthy and attractive. To achieve this goal, the City has
established certain standards which are required of all develop-
ments. These standards are:
Trees - Due to the benefits that trees provide in the reduction
of heat, dust and pollution and because of the particular need
to encourage vegetation in our city, trees are required to be
planted and maintained as follows:
1. One standard tree shall be provided on site for the first
4, 000 square feet of asphalt or pavement. Thereafter, one
additional standard tree shall be provided for each
additional 3, 000 square feet of asphalt or pavement.
Euception: Twenty percent (20�) of the required trees may
be conifers. However, conifers shall only be planted on
the perimeter of any asphalted or paved area used for
parking.
Al1 trees shall be standard trees. The City encourages developers
to preserve any desirable species of trees on the site which are in
good health and will count such trees as part of the minimum
requirement. A partial list of acceptable trees include Green Ash
(Summit, Marshals Seedless) , Honey Locust (Imperial Shademaster) ,
Norway maple, Hackberry, Linden and Sugar Maple. All trees in this
section shall be planted adjacent to the parking area.
50.70. 340
Interior Trees.
Twenty percent (20$) of the trees required in section 50.70.336
shall be planted in the interior of any parking lot.
50.70. 344
Plantinq Araas.
Sites with asphalt or pavement in excess of 5, 000 square feet shall
provide an eight foot (8 ' ) wide planting area along any right-of-
way.
50.70. 348
Ground Cover.
For any of the areas required to be maintained as landscaping, not
more than ten percent (10�) of the area shall be covered by non-
living landscaping material.
50.70. 352
Hardsurfaced Parkinq.
In all residential districts and the RB-4 neighborhood business
district, where a permitted use or permitted special use requires
five (5) or more parking spaces, such spaces shall be surfaced with
concrete or asphalt.
95
50.70.356
screened parkinq.
In all residential districts and the RB-4 neighborhood business
district, where a permitted use or permitted special use requires
eight (8) or more parking spaces, such parking shall be screened
from single family and two family uses with shrubs or berms or by
a wall or fence approved by the City Engineer's Department.
50.70. 360
Adjustment to Front Yard Requirements.
Residences in the R-iB residential district established prior to
October 23, 1966, with front yard setbacks which are less than the
front yard setbacks required by this ordinance may have additions
erected in line with the existing building. In no case shall the
front yard be less than twenty-five feet (25' ) wide.
50.70.364
Adjustment to 8ide Yard Requirements.
Residences in the R-1B residential district which were established
prior to October 23, 1966, and which have sideyard setbacks less
than the sideyard setbacks required by this ordinance, may have
additions erected in line with the existing building. In no case
shall the side yard be less than seven feet (7 ' ) wide.
50.70.368
Landscapinq of Front Yards.
Front yards shall be devoted entirely to landscaped area except for
the necessary surfacing of driveways and sidewalks used to reach
parking and loading areas.
50.70.372
The Manner ot Ownership of Property.
Condominiums, townhouses, single-family zero (0' ) - side yard
structures and all other forms of property ownership do not affect
the application provisions of the regulations set forth in this
ordinance, and all requirements of this ordinance shall be observed
as though the property were under single ownership.
50.70.376
Reduction of Lot Area.
No lot shall be sold, divided, or set off in such a manner that
either the portion sold, divided or set off, or the portion
remaining shall be less than the minimum lot area required by the
regulations relating to the district in which it is located, unless
it becomes part of an abutting lot which, when combined, meets the
minimum lot area requirements.
50.70.380
Intersection 8atety Zone.
On any corner lot at the street intersection which has some form of
traffic controls, there shall be no obstructions to traffic
visibility within the clear sight triangle which is formed by the
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intersection of the center line of two (2) intersection streets and
a straight line joining the two (2) said center lines at points
fifty-five (55) feet distant from their point of intersection.
On any corner lot at a street intersection which does not have
any form of traffic control there shall be no obstructions to
traffic visibility within the clear sight triangle which is formed
by the intersection of the center line of two (2) intersecting
streets and a straiqht line joining the two (2) said center lines
at points the given number of feet distant from their point of
intersection; the distances from this point of intersection are
given in the following table for various speeds in miles per hour
of the applicable speed limit.
Distance Measurements for Clear Sight Triangle
Miles per hour Distance
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 feet
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 feet
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 feet
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 feet
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BECTION 50.70.400. ADDITIONAL HBIGHT REGIILATIONS
50.70.410
Scope of Requlations. The regulations set forth in this section
supplement the district regulations appearing elsewhere in this
ordinance.
50.70.420
Mechanical Appurtenances. All necessary mechanical appurtenances
located on a roof or attached to a sidewall and extending above the
roof, including but not limited to air conditioning units, heating
units, elevator penthouses, communication towers or satellite
dishes shall be allowed subject to the following regulations:
1. Such appurtenances shall extend no more than twelve feet (12 ' )
feet above the maximum permitted height in the district in
which they are located.
Esceptions.
a. Flag poles, domestic television antennas, church spires or
chimneys shall be exempt from these regulations except when
such structures are located in the airport approach zone.
b. No appurtenances shall be allowed to project into an
airport approach zone.
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8$CTION 50.70.500. PARRING, STACRING AND LOADING REQIIIREMENTS
590.70.510
Location of Parkinq Spaces. The following parking regulations
shall apply:
A. All required parking spaces shall be provided on the same
lot as the building or use served.
Exception:
1. Where an increase in the number of spaces is required
by a change or enlargement of use or where such spaces
are provided by two (2) or more buildings or estab-
lishments or are used jointly by two (2) or more
buildings or establishments, the required spaces may
be located not to exceed four hundred feet (400 ' ) from
the building or use served.
2 . Parking spaces required for an apartment complex which
consists of three (3) or more buildings, may be
� provided within three hundred feet (300 ' ) of the lot
or building for which they are required if the complex
and parking lot are contiguous.
3 . Not more than fifty percent (50�) of the parking
spaces required for a theater, nightclub or recre-
ational facility may be provided and used jointly by
a bank, office, retail store, clinic or service store
or other similar uses not normally open, used or
operated during the same hours.
4. Off-street parking spaces provided on property other
than the same property as the use is located shall be
permitted only in such district permitting parking as
a use. Such separate parking spaces shall be main-
tained as long as the principal building or use is
maintained.
B. No off-street parking shall be permitted in the front yard
of any lot located in any residential district except upon
a driveway providing direct access to the garage or rear
yard and except for the yard area between the driveway and
the nearest side lot line.
C. No off-street parking shall be permitted in the front yard
of any lot located in any business or industrial district
used principally for residential purposes except upon a
driveway providing direct access to the garage or rear yard
and except for the yard area between the driveway and the
nearest side lot line.
D. Parking spaces in business and industrial districts shall
be permitted up to all property lines. Encroachment over
the public right-of-way or over abutting property shall not
be permitted.
Exception. On corner lots in business and industrial
districts, parking spaces shall not be permitted within ten
(10) feet of the property corner nearest the street
intersection.
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50.70.520
Computation of Parkinq Spaces.
A. Whenever a building or use, constructed or established
after October 23, 1966 is changed or enlarged in floor
area, number of dwelling units, employees, seating capacity
or otherwise, parking spaces shall be provided on the basis
of expansion or change.
B. Whenever a building or use existing prior to October 23,
1966 is reconstructed or enlarged to the extent of twenty-
five percent (25�) or more in floor area or whenever a
building is changed in use, said building or use in its
entirety shall then and thereafter comply with the parking
requirements set forth herein. Any enlargement or change
of use of less than twenty-five percent (25$) of the gross
floor area shall be accompanied by additional parking based
on the enlargement or change.
50.70.530
Ott-8treet Parkinq Requirements.
A. B-1 Central Business DIstrict
1. All uses within the area defined as the B-1 Central
Business District as designated on the Official Zoning Map
shall not be required to provide off-street parking.
B. All other zoning districts
1. Single-family, two-family, condominium or townhouse
dwelling: Two (2) spaces for each dwelling unit
2 . Apartment: Two (2) spaces for each dwelling unit plus one
(1) space for each bedroom in excess of one (1) bedroom in
each dwelling unit, exclusive of garages
3 . Boardinghouse, rooming house, fraternity or sorority: One
(1) space for each occupant
4. Retail or service store, personal service: One (1) space
for each two hundred (200) square feet of gross floor area
5. Eating or drinking establishments, private clubs and
similar recreational facilities and amusement establish-
ments: One (1) space for each one hundred (100) square feet
of gross floor area (see stacking)
6. Offices, business and professional agencies, banks, medical
or dental clinic: Five (5) spaces plus one (1) additional
space f or each three hundred (3 00) square f eet of f loor
area over one thousand (1,000) square feet. (see stacking)
7. Church: One (1) space for each five (5) seats in the main
seating area
8. Auditorium, theater or other places of public assembly: One
(1) space for each four (4) seats or bench seating capacity
9. Hotel or Motel: Five (5) spaces plus one (1) space for each
sleeping room or suite
10. Industrial and/or manufacturing, warehousing and similar
uses: Two (2) spaces for each three (3) employees on the
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. � . • _ •
maximum working shift, plus space to accommodate all trucks
and other vehicles used in connection therewith
11. Funeral home: Five (5) spaces or one for each four (4)
seats in the chapel, whichever is greater
12. Hospital, retirement home, nursing home or similar institu-
tion: One (1) space f or each three (3) beds plus one (1)
space for each two (2) employees.
13 . Community center, library, museum, art gallery or similar
public or semi-public building: Ten (10) spaces plus one
(1) additional space for each three hundred (300) square
feet of gross floor area in excess of two thousand (2,000)
square feet
14. Automatic car wash: (See stacking)
15. Self-serve car wash: (See stacking)
16. Bowling alley: Four (4) spaces for each lane
17. Day care facility: Two (2) spaces plus one (1) space for
each care provider (see stacking)
18. Motor vehicle repair shop or similar use: Two (2) addition-
al spaces for each service bay plus one (1) space for each
employee
19. School
a. High school: One (1) parking space for each three (3)
students based on the building's design capacity, plus
one space for each teacher or staff person
b. Junior high school: One (1) space for each twelve (12)
students based on the building's design capacity plus
one space for each teacher and staff person
c. Elementary school: Five (5) spaces plus one (1) for
each teacher and staff person based on the building's
design capacity.
20. The parking space requirement for a use not specifically
mentioned herein shall be the same as required for a use
of a similar nature.
50.70.540
stackinq.
A. Uses which have drive-up service windows or devices shall
provide on-premise parking spaces to stack vehicles waiting
to reach the initial point of contact in accordance with
the following:
1. Eating establishment: Six (6) storage spaces for each I,
service window or device
2 . Bank: Four (4) storage spaces for each service window I
or device '
B. Other uses which require vehicle stacking shall provide the
following on-premise spaces:
1. Fuel dispensing operation: One (1) space for each pump
station plus one (1) additional space before and after
the pump station islands
2. Day care facility: One (1) space for each four (4)
children
l01
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3. Automatic car wash: Ten (10) spaces for each washing
bay
4. Self serve car wash: One and one-half (1'�) additional
spaces for each washing bay
102
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BECTION 50.70.600. ACCE88 DRIVES
A. Business and Industrial Districts
The following regulations shall apply to all lots in the
business and industrial districts.
1. No more than two (2) access drives shall be permitted
onto any street which the lot or block abuts.
2. The street frontage for two (2) access drives shall
not be less than one hundred feet (100 ' ) .
3 . Access drives designed for both ingress and egress
shall not be less than twenty-four feet (24 ' ) in
width.
4. The maximum access drive width shall be thirty feet
(30 ' ) .
Exception. Gas dispensing stations and similar uses
may install access drives up to forty feet (40' ) in
width.
5. On corner lots, access drives shall not be installed
within fifteen feet (15 ' ) of either front property
line when said line is extended to the curb or street.
B. Residential Districts
The following regulations shall apply to all lots in the
residential districts:
1. No more than one (1) access drive shall be permitted
onto any street which the lot or block abuts.
Euception. An apartment building or apartment complex
on a lot or block with one hundred fifty feet (150' )
or more of frontage on any street may install one (1)
additional access drive.
2 . The curb cut width may not exceed the allowable access
drive width. One flair on each side of the access
drive shall be permitted and shall not exceed four
feet (4 ' ) along the curb line.
3 . Access drives from the roadway to the property line or
sidewalk which has direct access to a garage may be
the same width as a garage. Access drives shall have
a maximum width of thirty-six feet (36 ' ) . Where no
garage exists, or where a garage is less than twenty-
f our f eet (2 4 ' ) wide, the access drive may be up to
twenty-f our f eet (2 4 ' ) in width.
4. The width of a driveway which leads directly to a
garage from the property line or sidewalk onto the
property may be the same width as the garage and may
be extended into the yard area between the driveway
and nearest side lot line a distance not exceeding
twelve feet (12 ' ) . Driveways shall not exceed thirty-
six feet (36 ' ) in width.
5. On corner lots, access drives shall not be installed
within ten feet (10' ) of either front property line
when said line is extended to the curb or street.
6. Access drives may be installed contiguous to a side or
rear lot line.
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7. Access drives from the street to the sidewalk shall be
surfaced with asphalt or concrete.
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Section 50.90.000. CONDiTIONAL IISB STANDARDS
50.90. 010
Procedure. The City Commission may authorize by Conditional Use
Permit the uses designated in this chapter when located in a zoning
district allowing such use. The City Commission shall impose such
conditions as a part of the Conditional Use Permit as are appropri-
ate and necessary to insure compliance with the Comprehensive Plan
and to protect the public health, safety and general welfare.
Unless expressly modified by the Board of Adjustment, all regula-
tions of the zoning district in which the use is located shall
apply.
50.90.020
Application. To obtain a Conditional Use Permit, the applicant
shall file a written application on a form furnished by the City
Engineering Department. Every application shall contain the
following information:
A. Legal description of the land upon which such conditional
use is requested, together with local street address
B. Name and address of each owner of the property
C. Name, address, phone number and signature of the applicant
D. Zoning district classification under which the property is
regulated at the time of such application
E. Be accompanied with a site plan unless waived by the City
Engineering Department
the ro ert as ma be
F. Any other information concerning p p y y
requested by the City Engineering Department
50.90.030
Fees. Upon the filing of any application for a Conditional Use
Permit, the applicant shall pay to the City the appropriate fee as
designated in Chapter 30.
50.90.040
Intormation on Site Plan. In addition to the following informa-
tion, plans shall be drawn to scale upon substantial paper or cloth
and shall be of sufficient clarity to indicate the location,
nature, and extent of the work proposed and show in detail that it
will conform to the provisions of this ordinance and all other
relevant laws, ordinances, rules and regulations.
Esception. The City Engineering Department may waive the
submission of plans if the nature of the work applied for is such
that reviewing of plans is not necessary to obtain compliance with
this ordinance. The site plan shall contain the following:
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8ection 50.80.000. BIGN RSGIILATIONS
See Chapter 3 of Revised Ordinances of the City of Brookings.
105
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A. The address of the property and the legal description
B. The name of the project and/or business
C. The scale and north arrow
D. All existing and proposed buildings or additions
E. Dimensions of all buildings
F. Distance from all building lines to the property lines at
the closest points
G. Building height and number of stories
H. Dimensions of all property lines
I. Parking lots or spaces; designate each space, give dimen-
sions of the lot, stalls and aisles
J. Screening; show height, location and type of material to
be used
K. The landscaped setback and trees; indicate species of trees
and material to be used for landscaping
L. Name and location of all adjacent streets, alleys, water-
ways and other public places
Approved plans shall not be changed, modified, or altered
without authorization from the City Commission givinq final
approval, and all work shall be done in accordance with the
approved plans.
50.90.050
Planninq Commission Hearinq. Upon the filing of an application for
a Conditional Use Permit with the Zoning Officer accompanied by the
fee in the manner prescribed in Chapter 30 of the Revised Ordinanc-
es of the City of Brookings, the Zoning Officer shall set a date
for public hearing. The date for a public hearing shall be a day
when the Planning Commission is regularly scheduled to meet as
determined by the rules, policies and regulations as adopted by the
Planning Commission. Public notice for this meeting and changes to '
be considered shall be given by publishing one week prior to the I
date of the hearing, the time and place when and where all persons
interested shall be given an opportunity to be heard.
A. SIGNS. Signs shall be posted on the property for a
continuous period of seven (7) days immediately prior to
any public hearing held by the Planning Commission to
consider the application. Before any action shall be taken
by the Commission, the applicant shall first file with the
107
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Commission an affidavit verifying that said signs have been
posted. Said signs shall be furnished by the City and
posted by the applicant in the numbers and locations
prescribed by the Zoning Officer. Said signs shall be
removed and returned to the Zoning Officer one day after
the public hearing on the request.
50.90. 060
Planninq Commission Report. The Planning Commission shall submit
to the City Commission a final report containing its recommenda-
tions on those applications for Conditional Use Permits which it
has considered. If no report is received from the Planning
Commission in sixty-five (65) days, the Conditional Use Permit
shall be considered approved.
70.90.070
City Commission Hearinq. The City Commission shall conduct a
public hearing to act on all applications which have been processed
and forwarded to it for public hearing as provided in this
ordinance. The City Finance Officer shall cause to be published,
one week prior to the date of the adoption of the ordinance, the
time and place, when and where all persons interested shall be
given an opportunity to be heard.
A. SIGNS. Notice of such hearing may also be required to be
given by posting signs on the property. If signs are
required by the Zoning Officer, the regulations as set
forth in Section 50.90.50.A. shall apply.
B. HEARING. At public hearing on any application for a
Conditional Use Permit, the City Commission shall review
the decisions and recommendations of the Planning Commis-
sion of any application coming before the City Commission
as provided in this chapter. The City Commission, in
making its determination of such application, may amend the
application in accordance with or in modification or
rejection of the recommendation of the Planning Commission.
C. ACTION AND PROTEST. Approval or denial of any application
for a Conditional Use Permit shall be by a majority of City
Commissioners who are present and voting. If such ordi-
nance approving a Conditional Use Permit is adopted, the
same shall be published and take effect, as other ordinanc-
es, unless the referendum be invoked, or unless a written
protest is filed with the Finance Officer, signed by at
least forty (40) percent of the owners of equity of the
lots included in any proposed conditional use and the lands
within one hundred fifty (150) feet from any part of such
proposed conditional use measured by excluding streets and
alleys. A corporation shall be construed to be a sole
owner. When parcels of land are in the name of more than
one person, ownership representation shall be in proportion
108
. � � � • '
to the number of signers who join in the petition in
relation to the number of owners. In the event such a
protest is filed, the ordinance approving the conditional
use shall not become effective and shall be formally
rescinded by ordinance of the City Commission.
109
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Section 50.90.100. ADDITIONAL CONDITIONAL IISE REGIILATIONB
The following are additional requirements pertaining to Conditional
Use Permits and related procedure:
50.90. 110
Amendments. Amendments shall be processed in the same manner as a
Conditional Use Permit is processed.
50.90.120
Eupiration. A Conditional Use Permit shall expire one (1) year
from the date upon which it becomes effective if no significant
work has commenced.
50.90. 130
Preegistinq IIses. An existing use eligible for a Conditional Use
Permit which was lawfully established on the effective date of this
title shall be deemed to have received a Conditional Use Permit as
herein required and shall be provided with such permit by the city
upon request, and it shall not be a nonconforming use, provided,
however, for any enlargement, extension, or relocation of such
existing use, an application in accordance with this section shall
be required.
50. 90. 140
Reapplication. No applicant requesting a Conditional Use Permit
whose application includes the same or substantially the same
requirements for the same or substantially the same property as
that which has been denied by the Planning Commission or City
Commission shall be again considered by the Planning Commission
before the expiration date of six (6) months from the date of the
final action on the original petition.
50.90. 150
Conditional IIse Standards. Any conditional use approved by the
Planning Commission or City Commission shall conform to the
standards for such uses as set forth below. These standards shall
be construed to be the minimum requirements for any of the
specified conditional uses and the Planning Commission or City
Commission may require additional requirements in their discretion.
In all cases, the impact of the proposed use on the adjacent
properties will be a significant consideration.
50.90. 153
Aariculture - Agricultural uses in a residential zone shall be
limited to the growing and cultivation of crops. No equipment
shall be stored on the premises.
50.90. 156
Airport - Airports shall be sited with consideration to all
potential obstructions existing in the surrounding area. Consider-
110
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ation shall also be given to future land use patterns within all
approach zones.
50.90. 159
Apartments - Such uses shall not be located in an area where they
could have a negative impact on adjacent properties due to their
size or the traffic generated from such use. The parking area
shall be designed to have a minimal impact on surrounding residen-
tial properties.
50.90. 162
Apartments (Elderlv) - Special attention shall be qiven to the size
and proximity of a parking area devoted to such uses in the Central
Business District.
50.70.165
Assemblinct/Packacting Operation - These uses shall be of a design
and scale which would not be detrimental to the neighborhood. The
parking area shall be designed to minimize the impact of the
parking lot upon adjacent properties. Provisions set forth in
Section 50.70.500. shall be adhered to and submitted prior to
approval. No outdoor storage shall be permitted. Major access
drives shall be located on minor or collector streets whenever
' possible.
50.90. 168
Automobile Service Station - Such uses shall provide for an
adequate number of parking spaces to store vehicles. No fuel
delivery pump shall be located within twenty (20) feet of any side
lot line nor twenty-one (21) feet of any front lot line. No fuel
pump shall be located within fifty (50) feet of a lot line which
lies next to a residential district. Provisions of Article IV,
Hazardous Materials, of Chapter 17 (Health and Sanitation) of the
Revised Ordinances of the City of Brookings shall be complied with.
50.90. 171
Boardinghouse - This use shall not be located in an area where it
could have a negative impact on adjacent properties due to its size
or the traf f ic generated from such use. The parking area shall be
designed to have a minimal impact on surrounding residential
properties and shall be surfaced with asphalt or concrete when 5 or
more spaces are required.
50. 90. 174
Boilerworks - Such uses shall be located in areas where the impact
of odors and noise on residential districts will be minimized.
Traffic to and from the site should not travel on residential
streets.
50.90. 177
Buy Back Center for Recyclables - Such facilities shall consist of
a completely enclosed structure. A list of the types of recyclable
ili
. � , �
material to be collected shall be approved by the Deputy Health
Officer.
50.90. 180
CamQcxround - Campgrounds for tents, tent trailers, and recreational
vehicles should be sited with consideration for access to the
property. The following conditions shall be complied with:
a. Each campsite shall contain at least 2,000 square feet.
b. The campgrounds shall be supplied with a water supply and
sewage disposal facilities, including washing, toilets, and
similar facilities, and all of which shall meet all
applicable city codes and regulations.
c. Front, side and rear yards of fifty (50) feet shall be
maintained on the campground.
d. The access to public roads and highways shall be paved or
surfaced in a manner similar to adjacent public roads and
shall be approved by the city.
e. Access roads shall be provided to each campsite and all
access roads shall have a minimum unobstructed width of
fourteen (14) feet for all one way roads, and twenty (20)
feet for all two way roads.
f. No campground may be occupied by the same person or persons
for more than thirty (30) days in any one calendar year.
g. No mobile homes or house trailers shall be located in any
campground, except that one shal l be permitted as an of f ice
for the campground.
h. All campground operators shall keep accurate records as to
the length of time a person stays in the campground, and
shall make said records available to any city official upon
request.
50.90.183
Cemeterv - This use shall have a minimum of 40 acres. An adequate
road system with parking for mourners shall be provided. Scatter-
ing areas or gardens shall be established within the interior of
the cemetery.
50.90. 186
Church - This use shall be located on a collector or arterial
street. The parking area shall be designed to have a minimal
impact on surrounding residential properties.
112
50.90. 189
Condominiums - Such uses shall not be located in an area where it
could have a negative impact upon adjacent properties due to its
size or the traffic generated from such use.
50.90. 192
Contractors Shop and Storage Yard - Such uses shall screen all
outdoor storage from adjacent property. Service vehicles shall be
localized in an area on the lot which will minimize the impact upon
adjacent uses. Any lighting of the storage yard should be done in
a way that will not cause a glare onto residential properties.
50.90. 195
Crematorium - This use shall include an adjacent holding facility
but not a scattering area or garden. Al1 applicants shall comply
with all applicable envirorunental standards.
50.90.198
Day Care Facility, Nursery School - These uses shall be located
where an adequate and safe playground can be provided. The pick-up
and drop-off areas shall be designed to provide a safe access to
the facility and the site should be convenient for clients.
50.90.201
Distillation of Products - Such uses shall be located in a manner
which minimizes the impact of odors from the plant on residential
and recreation areas in the city. These plants should be located
in areas where traffic to and from the site would not travel on
residential streets.
50.90.204
Domestic Abuse Shelter - A shelter shall be a single housekeeping
entity. The parking area shall be designed to minimize its impact
upon adjacent residential properties.
50.90.207
Farm Store/Feed Store - The handling and storage of fertilizer and
farm chemicals shall conform to all federal, state and city codes.
Consideration should be given to the location of these products on
the lot. (Cross Reference, Chapter 17 Brookings Revised Ordinanc-
es)
50.90.210
Floodway Structures - Such structures shall be located so as not to
have a negative impact upon adjacent property.
50.90.213
Freight Handlinq - Such uses shall be sited and designed in such a
way as to minimize their impact on adjacent properties. Freight
loading areas shall be screened from adjacent residential areas.
No outdoor storage shall be permitted. Major access drives shall
be located on minor or collector streets whenever possible.
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50.90.216
Gas Dispensing Station - The site shall be designated to allow for
the stacking of vehicles on the premises. No fuel delivery pump
shall be located within twenty (20) feet of any side lot line nor
within twenty-one (21) feet of any front lot line. No fuel pump
shall be located within fifty (50) feet of a lot line which lies
next to a residential district. The applicant shall comply with
the provisions of Article IV, Chapter 17 of the Code of Ordinances.
50.90.219
Grain Terminal - See Distillation of Products
50.90.222
Group Home - A group home shall generally be located in an area
where the residents are close to services. Applicants shall
provide statements as to the type of supervision the home will have
and be prepared to present information on all anticipated physical
changes to the structure.
50.90.225
Home Occupation - Such uses shall be in complete conformance with
Section 50.70.220. (Additional Use Regulations)
50.90.228
Hot Mix Plant - Such uses shall be located in areas where the odor
and noise will not be detrimental to adjacent property owners.
Traffic to and from the site shall not travel on minor residential
streets.
50.90.231
Household Hazardous Waste Site - Such uses shall be within a
completely enclosed building. The applicant shall comply with the
provisions of Article IV, Chapter 17 of the Code of Ordinances.
50.90.234
Junkvard - These uses shall generally be located in areas that are
removed from the principal and minor arterials of the city.
Special consideration shall be given to the inclusion of screening
around the storage area. (Cross reference, Chapter 20, Brookings
Revised Ordinances) .
50.90.237
Kennel - This use shall be located in areas where the noise
generated by such use would not be a nuisance or detriment to
adjacent properties. A fence separating the kennel operation from
adjacent properties shall be required. Kennels within 400 feet of
a residential district are not allowed. Kennels in conjunction
with an animal hospital with indoor confinement may be established
less than 400 feet from a residential district.
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50.90.240
Light Processinq Facility - Such uses shall be located in a manner
which will minimize the impact of noise on residential areas.
These facilities should be located in areas where traffic to and
from the site would not travel on residential streets. The impact
of this use shall be minimized through screening when adjacent to
main thoroughfares.
50.90.243
Manufacture of acid, cement, lime, qypsum, plaster of paris,
asphalt, fertilizer, glue, sizinq, paper, naint, turpentine, yeast,
oils, alcohol, bleach or ammonia - See Distillation of Products
50.90.246
Manufacture or Storage of Explosives - These uses shall be located
in such a manner so as not to present a hazard to ad�acent
properties. A site plan and other related information shall
receive approval by the appropriate departments of the City prior
to establishing the use. Traffic to and from the site shall not
travel upon residential streets.
50.90.249
Manufacturing (lightZ - These uses shall be of a design and scale
which would not be detrimental to the neighborhood. The parking
area shall be designed to minimize the impact of the lot upon
adjacent properties. Provisions set forth in Section 50.70.500
shall be adhered to and submitted prior to approval.
' 50.90.252
Mixed business/residential Uses - Such business uses shall be only
those uses permitted in the respective zoning district. Provisions
set forth in Section 50.70.000 through 50.70. 170 shall govern all
residential uses.
50.90.255
Mobile Home/Manufactured Home Park - This use shall be located in
areas where it would be compatible with adjacent uses. Consider-
ation should be given to recreation area, storm shelters and
landscaping. In addition, the park shall be in conformance with
Section 50.70.240, Additional Use Regulations.
50.90.258
Non-municipal libraries, museums, art galleries, community centers
and private clubs and lodcles - These uses shall be of a design and
scale which would not be detrimental to the neighborhood. The
parking area shall be designed to minimize the impact of the lot
upon adjacent properties.
50.90.261
Off-street t�arking, off site - The off-site parking shall be
located within a 400 foot radius of the use it is intended to
serve. The parking shall be restricted by a written agreement and
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contain the number of spaces and length of time such spaces are
reserved.
50.90.264
Office - Such uses shall be located on a collector or arterial
street. Special attention shall be given to the architectural
compatibility with surrounding residential properties. Consider-
ation shall be given to the traffic generated by such use, the type
of sign, the hours of operation and the character of the use.
Parking shall be screened from any adjacent residential area.
50. 90.267
Private Lake - A private lake will be allowed in some cases to be
created by the mining of sand, gravel or other material. However,
the mining shall be treated as a means to an end and any such plan
shall stipulate a deadline after which time the mining will be
terminated. A reclamation plan for the lake area and safety
precautions to prevent public access to the site until such time as
the mining is completed shall be provided. The developer shall be
required to provide satisfactory evidence that the lake water will
be of a sufficient level and quality to be an asset rather than a
detriment to the neighborhood. Adjacent development shall be
graded in a manner that will not permit runoff from the development
to infiltrate the lake. The Planning Commission should examine
whether or not there is a need for public access to the lake.
Furthermore, the developer shall offer assurance that the lake will
be constructed and maintained in the manner approved by the
Planning Commission.
50.90.270
Processinct of ctrain forage toxic material hides or furs - See
Distillation of Products
50.90.273
Repair Garaae - This use shall provide an adequate number of
parking spaces to store vehicles and shall provide an indoor
storage area for parts and materials. This parking area shall be
designed to minimize the impact of the lot upon adjacent proper-
ties.
50.90.276
uar - This use shall be located where blasting, noise, dust or
heavy truck traf f ic will not have a negative impact on adj acent
uses. Storage, stockpiling and processing shall be located on the
interior portion of the site.
50.90.279
Recreation Facilitv - Such uses shall be designed in a manner which
will minimize the impact of traffic, noise and glare on the
surrounding residential neighborhood.
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50.90.282
Refininq of fat, grease, lard. tallow or petroleum - See Distilla-
tion of Products
50.90.285
Renderincx - Such uses shall be located in areas where the impact of
heat and odors on residential and recreation areas will be
minimized. Traffic to and from the site shall not travel on
residential streets. Such uses shall conform to all applicable
provisions of Chapter 17, (Health and Sanitation) of the Brookings
Revised Ordinances.
50.90.288
Retirement or Nursing Home - Such uses shall be sited and designed
in such a way as to minimize their impact on adjacent residential
uses. Special attention shall be given to parking, lighting, the
height of the structure, the traffic generated and similar
problems. Parking should be screened from any adjacent residential
areas.
50.90.291
Smeltina - See Distillation of Products
50.90.294
Stable (private or ridinQ) - These uses shall be established on
lots with a minimum area of two acres and one acre of land shall be
provided for each horse located thereon. No pasture shall be
located within the required front yard setback and no horse shall
be allowed to be kept within 125 feet of any building used for
human habitation other than by the owner of such animal. No
fencing shall be made of barbwire or connected to an electrical
current.
50.90.297
Stockyards/Slaucthtering of Animals - Such uses shall be located in
areas where the impact of odors and noise on residential and
recreation areas will be minimized. Traffic to and from the site
should not travel on residential streets. Such uses shall conform
to all applicable provisions of Chapter 17, (Health and Sanitation)
of the Brookings Revised Ordinances.
50.90.300
Tank Farm - Such uses shall conform to all federal, state and city
codes and shall be designed with perimeter landscaping and/or
fencing. These uses shall not be located adjacent to residential
districts. (Cross Reference, Chapter 17 of the Brookings Revised
Ordinances) .
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50.90.303
Townhouses - Such uses shall not be located in an area where they
could have a negative impact on adjacent properties due to their
size or the traffic generated from such use.
50.90.306
Transfer Site for Recyclables - Such facilities shall consist of a
screened storage area where recyclable material is temporarily
stored. A list of the types of recyclable material to be collected
shall be approved by the Deputy Health Officer.
50.90.309
Two Family Dwellinct - Such uses shall have one frontage abutting on
an arterial or collector street.
50.90.312
Vocational or Trade School - Such uses shall be sited and designed
in such a way as to minimize their impact on adjacent residential
uses. Special attention shall be given to parking, lighting, the
height of the structure, the traffic generated and similar
problems. Parking should be screened from any adjacent residential
areas.
50.90.315
Wholesale Trade - Such uses shall have no outdoor display or
outdoor storage of goods or materials.
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ARTICLE VIII. CHANGE OF ZONE
Section 50.100.000. CHANGE OF SONE
50. 100.010
Application for Zoninq Chanqe. A proposed change in zone district
restrictions or boundaries of the zoning map may be initiated by
the City Commission, City Planning Commission or by the owners of
property within the area requested to be changed. A written
application shall be filed with the City Zoning Officer requesting
a change in zone district classification. Such application shall
be provided by the Zoning Officer and shall be completed in full by
the applicant.
50. 100.020
Application Requirements. All applications shall be submitted to
the City Zoning Officer in the form as specified by the City
Engineering Department, on or before the fifteenth day (15) of the
month preceding the regular Planning Commission meeting in which
the request is to be heard.
50. 100. 030
Fees. Upon the filing of any application for zoning district
classification change with the City Zoning Officer, the applicant
shall pay to the City of Brookings the appropriate fee as designat-
ed in Chapter 30 of the Brookings Revised Ordinances.
50. 100.040
Planninq Commission Hearinq. Upon the filing of an application for
a request of zoning district classification change with the Zoning
Officer, accompanied by the deposit in the manner prescribed in
Chapter 30, the Zoning Officer shall set a date for public hearing.
The date for a public hearing shall be a day when the Planning
Commission is regularly scheduled to meet, as determined by the
rules, policies and regulations adopted by the Planning Commission.
Public notice for this meeting and changes to be considered shall
be given by publishing, one week prior to the date of the hearing,
the time and place when and where all persons interested shall be
heard.
A. Signs
Signs shall be posted on the property for a continuous
period of seven (7) days immediately prior to any public
hearing held by the Planning Commission to consider any
rezoning application. Before any action shall be taken by
the Commission, the applicant shall first file with the
Commission an affidavit verifying that said signs have been
posted. Said signs shall be furnished by the city and j
posted by the applicant in the numbers and locations ,
prescribed by the Zoning Officer. 'I
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50. 100.050
Planninq Commission Report. The Planning Commission shall submit
to the City Commission a final report containing its recommenda-
tions on those applications for zoning district regulation or
classification changes which it has considered. If no report is
received from the Planning Commission in sixty-five (65) days, the
amendment shall be considered approved. Whenever the proposed
change of boundaries or regulations affects an area outside the
corporate limits in which the municipality has assumed zoning
jurisdiction, no amendment, supplement, or change in any such area
shall be effective unless the Brookings County Planning Commission
sits with the City Planning Commission and both Planning Commis-
sions make recommendations to the City Commission and the Board of
County Commissioners.
50.100. 060
City Commission Hearinq. The City Commission shall conduct a
public hearing and act on all applications which have been
processed and forwarded to it for public hearing as provided in
this chapter. The City Finance Officer shall cause to be published
one week prior to the date of hearing on the adoption of the
ordinance, the time and place, when and where all persons interest-
ed shall be heard.
A. Signs
Notice of such hearing may also be required to be given by
posting signs on the property which is the subject of the
change. If signs are required by the Zoning Officer,:._the
regulations as set forth in Section 50.100. 040(A) shall
apply.
B. Hearing
At such public hearing, the City Commission shall review
the decision and recommendation of the Planning Commission
of the application submitted to the City Commission. The
City Commission, in making its determination of such
application, may make changes in the zoning map in accor-
dance with or in modification or rejection of the recommen-
dation of the Planning Commission.
C. Action and protest
Approval or denial of any application for a zoning district
classification change shall be by a majority of the members
of the City Commission who are present and voting. If such
ordinance is adopted, the same shall be published and take
effect as other ordinances unless the referendum be
invoked, or unless a written protest is filed with the City
Finance Officer, signed by at least forty percent (40�) of
the owners of equity of the lots included in any proposed
district and the lands within one hundred fifty feet (150' )
of any part of such proposed district measured by excluding
streets and alleys. A corporation shall be construed to
120
be a sole owner, and when parcels of land are in the name
of more than one person, ownership representation shall be
in proportion to the number of owners. In the event such
a protest is filed, the ordinance approving the 2oning
change shall not become effective and shall be formally
rescinded by ordinance of the City Commission. Such
written protest shall not be allowed as to any ordinance
regulating or establishing floodplain areas.
50. 100. 070
Chanqe o! District Requlation. Whenever the owners of fifty
percent (50�) or more of the area of the lots in any district or
part thereof desire any amendment, supplement or change of the
provisions of this ordinance which are applicable to such district
or part thereof, they may file a petition with the City of
Brookings requesting the city to make such amendment, supplement or
change. Said petition shall be accompanied by the required maps
and schedule in accordance with Section 50. 100.020 showing the area
affected by the proposed amendment, supplement or change, together
with the boundaries of said area and the names and addresses of all
the owners of the lots therein that are recorded in the office of
the Register of Deeds of Brookings County, South Dakota. Said
petition shall immediately be transmitted to the City Planning
Commission for an investigation and report.
50.100. 080
Reapplication. Whenever an application to rezone a parcel or
parcels of land has been defeated by a written protest as described
in Section 50. 100.060 (C) , an application to rezone any part of that
parcel alone or in combination with any other parcels shall not be
resubmitted for one year from the date of the final action of the
City Commission. This provision, however, shall not prevent the
City Commission from acting on its own initiative in any case or at
any time as provided in this section.
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ARTICLE IX. ADNII1vISTRATION AND ENFORC�
8eection 50.110.000. ADMINIBTRATION AND ENFORCEMENT
Section 50.110.100. BOARD OF ADJIISTMENT
50. 110. 105
Creation. A Board of Adjustment is hereby established which may,
in appropriate cases and subject to appropriate conditions and
safeguards, hear appeals and grant variances and special exceptions
to the terms of this ordinance. Said approval shall be in
accordance with the general purpose and intent of this ordinance
and in conformance with the general or specific rules contained
herein.
50. 110. 110
Membership. The Board of Adjustment shall consist of five (5)
members who shall be appointed by the City Commission. The initial
members shall be appointed for terms of one (1) , two (2) and three
(3) years respectively. Their successors shall be appointed upon
the expiration of their respective terms to serve three (3) years.
Members of the Board of Adjustment shall either be residents of the
City of Brookings or residents residing within the joint jurisdic-
tion area surrounding the City. The members of the Board shall be
removable for cause by the City Commission upon written charges and
after public hearing. A vacancy shall be filled by the City
Commission for the unexpired term of any member who resigns, is
deceased or is removed. The City Commission shall also appoint a
first alternate and a second alternate for a term of three (3)
years each. If a member is unable to attend a meeting, the first
alternate or second alternate, in turn, shall serve in their place.
50. 110.115
Otficers. The Board shall elect a chairperson and vice-chairperson
from its members.
50. 110.120
Itules. The Board shall organize and adopt rules to govern its
proceedings, provided, however, that such rules are not inconsis-
tent with the City of Brookings Code of Ordinances and state and
federal law.
50.110. 125
Meetinqs. All meetings of the Board shall be open to the public
and held as the Board may determine. Special meetings may be held
at the call of the chairperson. The chairperson may administer
oaths and the Board may compel the attendance of witnesses. All
business of the Board shall be transacted at such meetings. The
Board shall keep minutes of its proceedings showing the vote of
each member upon each question, and if a member is absent or fails
to vote, the minutes shall so indicate. The Board shall keep
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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.
50. 110. 130
Powors of the Board. The Board of Adjustment shall have the
following powers:
A. Srrors - To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or
determination made by an administrative official in the
enforcement of this chapter or of any ordinance adopted
pursuant thereto;
B. Variances - To hear and decide petitions for variances to
modify the strict application of the setback, area, height,
parking or density requirements as will not be contrary to
the public interest where each of the following conditions
exist:
1. Due to special conditions, a literal enforcement of
the provisions of the ordinance will result in unnec-
essary hardship and variance shall not violate the
spirit of the ordinance and substantial justice may be
achieved as a result of variance.
2 . Unique circumstances apply to the property which do
not apply to other properties in the same vicinity or
district.
3 . The variance is necessary for the preservation of a
property right that is substantially the same as that
possessed by owners of other property in the same
district.
4. The variance requested is the minimum variance which
would alleviate the hardship.
5. Reasonable use of the property is not permitted under
the terms of this ordinance.
6. The variance request will not violate any flood damage
prevention regulations set forth in Chapter 14.5 of
the Brookings Revised Ordinances.
7. Where the variance requested is for the enlargement of
a nonconforming use, the Board shall not grant a
variance for an expansion greater than 25 percent
(25�) in accordance with section 50.70. 130(A) .
C. Special Exceptions - To hear and decide special exceptions
to the terms of the ordinance upon which such board is
required to pass under such ordinance.
D. Appeals - Appeals to the Board may be taken by any person
aggrieved or by any officer, department, board, or bureau ,
of the municipality affected by any decision of the li
administrative officer. Such appeal shall be taken within I
a reasonable time as provided by the Rules of the Board and j
shall specify the grounds for the appeal. The officer from '
whom the appeal is taken shall transmit to the Board all '
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of the papers constituting the record upon which the action
appealed from is taken. The Board shall fix a reasonable
time for hearing the appeal.
50.110. 135
Staps. An appeal to the Board stays all proceedings in the action
appealed from unless the Building Official shall file a certificate
that by reason of the facts stated in the certificate, the stay
would, in the opinion of the Building Official, cause imminent
peril to life or property. In such a case, proceedings shall not
be stayed other than by a restraining order which may be granted by
the Board or by a Court. A restraining order granted by the Board
shall be based upon an application made with just cause and shall
be filed with the Building Official.
50. 110.140
Public Notice. The Board of Adjustment shall set a reasonable time
for public hearing of an appeal or variance, and provide public
notice of not less than five (5) days prior to the date of the
hearing, setting forth the time and place of hearing where all
interested persons may be heard.
50.110. 145
Dacisions of Board. In exercising its jurisdiction, the Board may
affirm or reverse, wholly or partially, or modify the order,
requirement, decision or determination appealed from and make such
decision as it deems appropriate. In making a determination, the
Board may request information and recommendations from any
department of the city. Every decision by the Board shall be based
upon a finding of fact drawn from testimony and other evidence,
specifying the reason for granting or denying the variance. 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 or special exception.
50.110.150
Limitations. Any order of the Board of Adjustment granting a
variance or special exception shall be invalid unless the action
authorized in the Order is substantially completed within three (3)
years from the date of such order and such order shall expire
without notice. At the expiration of said three year period, the
Board may extend said time period for good cause.
50.110. 155
Court Review. In accordance with SDCL 11-4-25, any person
aggrieved by any decision of the Board may petition a court for
relief within thirty (30) days after the filing of the Board
decision.
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BBCTION 50.110.200. INSPECTIONS
50. 110.210
Powers and Duties. The Zoning Officer is hereby authorized and
directed to enforce all of the provisions of this ordinance and
establish rules for its administration. For such purposes, the
Zoning Officer shall have the powers of a law enforcement officer.
In accordance with prescribed procedures and with the approval
of the appointing authority, the Zoning Officer may appoint
technical officers and inspectors and other employees who shall be
authorized from time to time.
50. 110.220
Riqht of $ntry. Whenever necessary to make an inspection to
enforce any of the provisions of this ordinance or whenever the
Zoning Officer or its authorized representative has reasonable
cause to believe that there exists in any building or upon any
premises an ordinance violation, the Zoning Officer or its
authorized representative may enter such building or premises at
all reasonable times to inspect the same or to perform any duty
imposed upon the Zoning Officer by this title, provided that if
such building or premises is occupied, the Zoning Officer shall
first present proper credentials and request entry; and if such
building or premises is unoccupied, he shall first make a reason-
able 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 Zoning Officer or its authorized representa-
tive may pursue any remedy provided by law to secure entry.
When the Zoning Officer or its 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 Zoning Officer or
its authorized representative for the purpose of inspection and
examination pursuant to this ordinance.
50. 110.230
Stop Order. Whenever any work is being done contrary to the
provisions of this ordinance, the Zoning Officer may order the work
stopped by notice in writing served on any persons doing the work
or causing such work to be done, and any such persons shall
forthwith stop such work until authorized by the Zoning Officer to
proceed with the work.
50. 110.240
Occupancy violation. Whenever any building or structure regulated
by this ordinance is being used contrary to the provisions of this
ordinance, the Zoning Officer 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
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such notice which requires that the structure, or portion thereof,
comply with the requirements of this ordinance.
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SeCtion 50.110.300. PERMITS
50. 110.310
Zoninq and IIse Reqistration Permits.
A. A zoning and use registration permit shall be obtained from
the zoning officer for any of the following:
1. Occupancy and use of a buildinq hereafter constructed,
enlarged, relocated, reconstructed or altered.
2. Any change in the use of an existing building.
3 . Occupancy and use of vacant land or change in the use
of land except for an agricultural use consisting
primarily of tilling the soil.
B. No such occupancy, use or change of use shall occur until
a zoning and use registration permit has been issued by the
Zoning Officer. No zoning and use registration permit
shall be issued unless the proposed occupancy is in full
conformity with all of the provisions of this ordinance.
C. A zoning and use registration permit shall be deemed to
authorize, and is required, for both the initial and
continued occupancy and use of the building or land to
which it applies. The owner or its authorized agent may
be required to submit plans, drawn to scale, indicating the
location of all buildings and the use conducted therein or
the use of any land. The permit shall continue in effect
as long as such building and the use thereof or the use of
such land is in full conformity with the provisions of this
ordinance and any requirements made pursuant hereto.
However, upon the serving of written notice by the Zoning
Officer of any violation of the zoning ordinance with
respect to any building or the use thereof or the use of
such land, the zoning and use registration permit for such
use shall be null and void, and a new zoning and use
registration permit shall be required for any further use
of such building or land.
D. A zoning and use registration permit shall be required for
all lawful nonconforming uses of land or buildings created
by adoption of, or amendment to, this ordinance. The
permit application shall be filed with the Zoning Officer
by the owner or lessees of the land or building occupied
by such nonconforming use within two (2) years of the date
that such nonconforming use is created. Failure to apply
may be considered evidence that such nonconforming use did
not lawfully exist at the effective date of this ordinance
or any amendment thereto creating such nonconforming use.
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Section 50.110.400. GENERAL PROVISIONS
50. 110.410
General Requlations. The following general regulations shall apply
to all zoning districts:
A. Except as otherwise provided in this ordinance, all
buildings shall be erected, converted, enlarged, recon-
structed, structurally altered or used:
1. Only for a purpose permitted in the district in which
the structure or land is located.
2. Only in conformance with the height and minimum lot
requirements, and the parking, loading, staking, and
sign regulations and any other applicable requirements
of the district in which the structure or land is
located.
3. Only in conformance with federal and state law and in
accordance with all municipal ordinances and regula-
tions as may be applicable.
Where this ordinance and any other ordinance conflict or
overlap, whichever imposes the more stringent restrictions shall
apply.
B. The density and yard regulations of this ordinance are
minimum regulations for each building existing at the time
of the effective date of this ordinance or for any building
erected or structurally altered thereafter. No land
required for yards, lot frontage or other open spaces
adjacent to an existing building or any building hereafter
erected or structurally altered shall be considered a yard,
frontage or lot area for more than one building except for
a unit group of buildings.
C. Every building erected or structurally altered after the
effective date of this ordinance 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 ordinance.
D. Cooperatives, corporations, condominiums and all other
forms of property ownership do not affect the application
of these regulations and all requirements shall apply as
though the property were under single ownership.
E. All inhabited mobile homes shall conform to one of the
following:
1. Shall be used as a dwelling and located in an R-3A
residential district or in a mobile home court;
2. Shall be used as a dwelling associated with a farm; or
3. Shall be used as a temporary office on a construction
or development site.
A mobile home which is not in conformance with one of the
aforesaid requirements shall not be occupied or inhabited; nor
shall it be connected to utilities except when being displayed for
sale by a dealer or manufacturer.
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50. 110.420
Fractions. Where fractional nwabers occur in this ordinance, they
shall be rounded off to the next highest number.
� 50. 110.430
violation and Penalty.
A. For each violation of the provisions of this ordinance, the
owner, contractor or other persons interested as general
agent, architect, engineer, land surveyor, building
contractor, owner, tenant or any other persons who commit,
take part in or assist in any violation of this ordinance
or who maintain any building or premises or uses of any
land in violation of this ordinance, shall, for each and
every violation, be fined an amount not exceeding two
hundred dollars ($200.00) . Whenever such person shall have
been officially notified by the Zoning Officer or by
service of a summons in a prosecution, or in any other
official manner, that said person has committed or is
committing a violation, each day's continuance of such
violation after such notification shall constitute a
separate offense punishable by a fine which shall not
exceed two hundred dollars ($200. 00) per day.
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 ordinance, the appropriate authorities of the City of
Brookings, may, in addition to other remedies, institute
injunction, mandamus or other appropriate action or
proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use,
and may correct or abate such violation or prevent the
occupancy of said building, structure or land.
50. 110.440
Conflict, Validity and Interpretation.
A. Conflict with other ordinances
All ordinances and parts of ordinances, to the extent that
they are inconsistent with the provisions hereof, are
hereby superseded and repealed.
B. Validitv
Should any section, clause or provision of this ordinance
be declared invalid, such shall not affect the validity of
the remaining portions of this ordinance.
C. Interpretation
In the interpretation and application of this ordinance,
the provisions of this ordinance shall be held to be
minimum requirements, adopted for the promotion of the
public health, safety and general welfare. Among other
purposes, such provisions are intended to provide for
adequate light, air and convenience of access; to lessen
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congestion in the streets; to secure safety from fire and
other dangers; to avoid undue concentration of population
by regulating and limiting the height and size of buildings
wherever erected, to limit and determine the size of yards,
courts and other open spaces; to regulate the density of
population, all with reasonable consideration to the
character of the district and its peculiar suitability for
particular uses, and with a view of conserving the value
of property and encouraging the most appropriate use of
land throughout the City of Brookings, South Dakota.
D. Savinc,� Clause
This ordinance shall in no manner affect pending actions
whether civil or criminal, founded on or resultinq from
violation of any ordinance or part of any ordinance hereby
repealed; this ordinance shall in no manner affect rights
or causes of action, either civil or criminal, which are
not in suit but which may have already accrued or resulted
from violation of any ordinance or part of any ordinance
which is hereby repealed.
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ARTICLE X. ADOPTION DATE
This ordinance shall take effect immediately upon its passage
and publication according to law.
First Reading
Second Reading and Adoption
Published
ATTEST:
Mayor
Finance Officer
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