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HomeMy WebLinkAboutOrdinance 13-1989 . . , Y ,. . . ORDINANCE N0. 13-89 AN ORDINANCE AMENDING SECTIONS 405, 406, 407, 408 AND 409 OF ARTICLE IV OF THE ZONING ORDINANCE OF THE JOINT JURISDICTIONAL AREA PERTAINING TO THE AGRICULTURAL DISTRICT; BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HROOKINGS AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BROOKINGS, SOUTH DAKOTA I . That section 405 be hereby amended as follows : Section 405 . Agricultural District A. 406 . Intent This district is established to maintain and promote farming and related activities within an environment which is generally free of other land use activities . Residential development will be discouraged to minimize conflicts with farming activities and reduce the demand for expanded public services and facilities. 407. Permitted uses . . 1 Agricultural activities and farm related buildings, excluding feedlots . 2 Farm dwelling .3 Single family residences on less than 35 acre lots provided that such residences are on an established fnrm building site, abandoned school site, and further provided that the proposed site has established road access, the lot has clearly delineated boundaries and the site can meet minimum water and sewer standards .4 Fisheries services and game propagation areas .5 Orchards, tree farms, truck gardening, nurseries and greenhouses . 6 Public parks and recreation areas 408. Uses allowed as special exception by the Board of Ad�ustment . . 1 Airports and airstrips . 2 Church or cemeterY .3 Golf course, golf driving range .4 Sand, gravel or quarry operation, mineral exploration and extraction .5 Rock crushers, concrete and asphalt mixing plants . 6 Sanitary landfills provided: , , , ' a . The site meets the requirements of the State Department of Water and Natural Resources b. A site plan is provided indicating the following information: . 1 Present topography, soil types, depth to groundwater . 2 Location of existing water drainage, existing buildings, existing shelterbelts . 3 Identification of roads leading to the site .4 Proposed changes at the site such as new shelterbelts, new buildings, changes in topography, new fence lines . 5 Proposed monitoring wells, etc . c . A minimum of one thousand (1, 000) feet from the landfill property line to the nearest residence; excluding: the residence of the landfill operator. .7 Institution farms including religious farming communi- ties .8 Sewage treatment plants . 9 Livestock feedlots, poultry and fur farms, but not within one (1) mile of any incorporated municipality and within one thousand three hundred twenty (1,320) feet of any established residences and three hundred thirty (330) feet of a Federal , State, County, or Township highway . 10 Stables . 11 VeterinarY clinics . 12 Water pumping stations, elevated tanks and similar essential public utilities and service structures . 13 Secondary farm residences, may include one mobile home, on an established farmstead to be used for the occu- pancy of an employee, parents, grandparents, children or brothers and sisters of the occupant of the land, provided that said mobile home is removed within ninety (90) days of the vacation therefrom by the qualified occupant or occupants . 14 Commercial radio and TV towers . 15 Commercial public entertainment enterprises not nor- mally accommodated in commercial areas, including but not limited to, the following: music concerts, rodeos, tractor pulls, and animal and vehicle races . 16 Seasonal retail stands, including fireworks stands . 17 Home occupations shall be subJect to the following requirements : a. Such use shall be conducted entirely within a dwelling and carried on by not more than two (2) individuals, one of whom is the principal occu- pant . b. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes - 2 - and shall not change the residential character thereof . c . The total area used for such purposes shall not exceed the equivalent of one-fourth (1/4) the floor area, in square feet, of the first floor of the user' s dwelling unit, if any, otherwise of the main floor of such dwelling unit; but in any instance a maximum of three hundred (300) square feet shall be allowed. d. There shall be no advertising, display or other indications of a home occupation on the premises except as follows : (1) there is used no sign other than a non-lighted and non-reflecting name plate not more than four (4) square feet in area, which name plate may designate the home occupation carried on within, and which name plate must be clearly visible at the entrance to the premises where said home occupation is carried on and must be attached to the building wherein the home occupation is conducted. e . There shall not be conducted on the premises the business of selling stocks of inerchandise, sup- plies, or products, provided that incidental retail sales may be made in connection with other permitted home occupations . f . There shall be no exterior storage on the premises of material used in the home occupation nor of anY highly explosive or combustible mate- ' rial . g. There shall be no offensive noise, vibration, , smoke, dust, odors, heat or glare noticeable at or beyond the property line . h. A home occupation, including studios or rooms for instruction, shall provide an additional off- street parking area adequate to accommodate needs created bY the home occupation of not less than two (2) parking spaces plus the parking spaces required for the dwelling unit . Such parking shall be provided on the same lot as the home occupa- tion. i . For the purposes of this section, provided all requirements contained herein are met, the follow- ing shall be considered home occupations: , . 1 Professional and service offices . 2 Art and photo studio . 3 Dressmaking or millinerY .4 Teaching, with musical instruction limited to two (2) pupils at a time .5 The keeping of not more than two (2) roomers or boarders - 3 - . 6 Tea room .7 Barber shop .8 Beauty shop . 9 Antique shop j . Other uses in the opinion of the Board of Adjust- ment which would not be detrimental . 18 Extended home occupations shall be sub�ect to the following requirements : a . There are significant differences between home occupations on small tracts and agricultural home occupations . The nature of resources available for use, the benefits and disadvantages created by home occupations, and the problems generated necessitate a distinction between urban home occupations and farm home occupations . Each concept is based on supplementing income, but the districts in which each is practiced h�ve unique characteristics . For the aforesaid reasons, different home occupations may be permitted in agricultural zoning districts than are permitted in the urban residential districts . . 1 For the purpose of this section, provided all requirements are met, the following shall be considered farm home occupations: a . Welding repair conducted in a safe manner b. Veterinarian's office c . Hlacksmith d. Service office e . Others which, in the opinion of the Board of Adjustment would be in the same general character as those noted above. . 2 Any home occupation shall be clearly supple- mentary to the principal use of the land and structures . .3 A home occupation may not be changed to another home occupation except by the issu- ance of a separate special use permit . ,4 If anY "A" District or part thereof is rezoned, the rezoned area shall meet the new district regulations and any home occupntions shall be considered a nonconforming use until such requirements are met . ' .5 No sign shall be permitted larger than that allowed for a home occupation (see Section 408, . 17, d. ) . 19 Caretaker residences associated with public or privnte enterprise - 4 - . , . , 409 . Setback, area and height requirements. All buildings be set back from road right-of-way lines and lot line to comply with the following yard requirements: . 1 Lot Size : All lots for purposes of residential use unless otherwise provided for in this ordinance, shall be a minimum of thirty five (35) acres, except as provided in Item 7 below. . 2 Front Yard: The minimum depth of the front yard shall be one hundred t100) feet. .3 Side Yard: The minimum width of a side yard shall be twenty-five t25) feet . .4 Rear Yard: The minimum depth of a rear yard shall be fifty (50) feet . .5 Maximum Lot Coverage : Dwellings and buildings acces- sory thereto shall cover not more than twentY-five (25) percent of the lot area . . 6 Shelterbelt Setback Requirements : A shelterbelt, consisting of one (1) or more rows shall not be estab- lished within one hundred fifty (150) feet of a public road right-of-way line on the north and west sides of roads and not within one hundred (100) feet of a public road right-of-way line on the south and east sides of roads. Shelterbelts at right angles to roads shall provide a minimum turnaround of fifty (50) feet mea- sured from the road right-of-way. Shelterbelts shall not be established within one hundred fifty (150) feet of ad�oining property lines without written permission of ad�oining property owners. Trees used for land- scaping the area immediately ad�acent to farmstead and ' residences are exempt from this regulation. .7 The Board of Ad�ustment may allow a smaller minimum lot size of the "A" Agricultural District under the fol- lowing condition: a . Where a single family home is requested on an established farmstead, so long as it is immedi- �, ately connected to the existing farming operation. .8 Height regulation: No main buildings shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height . Exceptions include the following: - 5 - • • i t a . Agricultural building b. Chimneys, smokestacks, cooling towers c . Radio and TV towers d. Water tanks e . Elevators f . Others, providing that they are not used for human occupancy II . All sections and ordinances in conflict herewith are hereby repealed. FIRST READING , June 27 , 1.989 SECOND READING AND ADOPTION : July 1.1 , 1989 � PUBL I SHED , J u 1 y 1�3 , 1.9 8 9 � .�y QF B F?p0� .����GpR f'0��`LC � N � 9 � o�y oP�o CS�O. SO��a � ���i�'�- Ted Kryger Gail Robertson Finance Officer Mayor - 6 -