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HomeMy WebLinkAboutOrdinance 17-1989 *` ' �,�,.��__ . ► . �� • ,�i ;�' � . �.J �b-(3 ORDINANCE 17-89 AN ORDINANCE PROVIDING THAT THE 1980 ZONING ORDINANCE OF THE JOINT JURISDICTIONAL AREA SURROUNDING THE CITY OF BROOKINGS, SOUTH UAKUTA BE AMENDED BY REVISING SECTION 115 OF ARTICLE I ; SECTION 200 OF ARTICLE II ; SECTIONS 404, 405, 410, 420, 430 AND 440 OF ARTICLE IV; SECTIONS 610, 620 AND 630 OF ARTICLE VI ; SECTION 700 AND 715 OF ARTICLE VII . � HE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA: I . That Section 115 of Article I be amended to read as follows : The area of Joint Jurisdiction shall be those sections or por- tions of sections identified according to the revised Joint Jurisdiction Zoning Map, Brookings, South Dakota on file in the City Engineer 's Office . II . That Section 200 of Article II be amended to read as follows : 200 .4 .3 Amateur Commuriication Tower. A tower, guY wires, and the antenna whiciz transmits amateur radio or citizen band signals . 200 .5 Apartment . A room or suite of rooms with toilet and culinary accommodations used or designed for use as a residence by a family or any two (2) or more people located in a building containing three (3) or more such rooms or suites . � 200 . 12 Building Line . An imaginary line parallel to the front lot line which is a distance from the front lot line equal to the depth of the front yard required for the district in which such lot is located. On a corner lot an imaginarv line parallel to the side lot line ad�acent to the street which is a dis- tance from the side lot line eyual to the depth of the front vard required for the district in which such lot is located and extends the full length of the lot . - 1 - � 200 . 165 Day Care Facility . A facility meeting state standards for space requirements in which 13 or more children are cared for during parts of a day for compensation. This includes the provider' s own children who are under the age of 6 vears and the children from more than 1 unrelated family. 200 . 168 Driveway Residential . A hard-surfaced or clearly defined access from the Property line to a sarase, a side vard or rear vard. If not hard-surfaced, the edges of the driveway must be phYsicallY defined in the front vard area . 200.41 .5 Townhouse One of a group or row of two or more single-family dwellings designed and built as a single structure in which the individual townhouse may or may not be owned separately. 200 .43a Front yard. A yard extending the full width of the lot and situnted between either the front lot line and the building line, or the front lot line and the principal building, whichever is greater. The depth of the front yard shall be measured between either the principal building and the fron� lot line, or the building line and the front lot line� whichever is greater. Covered porches and garages, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. 200 .43c Side yard. A yard situated between the principal building and the side lot line and extending from the front yard to the rear yard. On a corner lot the side yard adJacent to the street shall be designated a front yard. III . That Article IV be amended to read as follows: 408. 15 Radio and TV Towers _ 2 _ 408. 16 Public structures erected by any governmental agencv providing that such structure is essential to serve the adiacent neighborhood that it cannot be located in any other tYpe of district that it has adequate screening and landscapin and where applicable, that it is housed in buildings that harmonize with the character of the neighborhood. 411 . 2 Churches and similar places of worship which may include Day Care Facilities with such use confined to within the church worship and educational facilities . 412 .3 Home Occupation 422 . 1 All uses allowed as special exceptions in the Residence R-1A District, except roadside stands and agriculture as a living . 422 .6 Home Occupation 422 .7 Public structures erected bY anv sovernmental agency providing that such structure is essential to serve the ad�acent neighborhood that it cannot be located in anY other tYpe of district that it has adequate screening and landscaping and where ap licable that it is housed in buildings that harmonize with the character of the neighborhood. 433. 1c Multiple-family dwellings in excess of four (4) units, fraternities and sororities shall have a minimum of one hundred (100) feet of building line frontage and sixteen thousand (16 000) square feet of lot area. A maximum of eighteen (18) units per acre shall be allowed. Three hundred (300) sguare feet of open space shall be provided for each dwelling unit exclusive of other area requirements, with a minimum of two-thirds �2/3) of the open space area located in one (1) large tract . - 3 - 433.4 Rear yard. There shall be a rear yard on each lot, which yard shall be not less than twentY-five (25) feet in depth. 441 . 5 Boardinghouses is hereby repealed. 443 . 1c Multiple-family, apartments, condominiums, and town- houses : A maximum of twenty-four (24) dwelling units per acre shall be permitted . Three hundred (300) syuare feet of open space shall be provided for each dwelling unit exclusive of other area requirements, with a minimum of two-thirds (2/3) of the open space area located in one (1 ) large tract . There shall be a minimum of seventy-five (75) feet of building line frontage and a minimum lot area of ten thousand �10, 000) square feet . IV. That Article VI be amended to read as follows : 612 . 1 A site plan defining the development areas for con- struction of buildings, areas for parking, location of pedestrian and vehicular circulation routes, points of ingress and egress, including access streets where required, location and height of walls or other archi- tectural features, the provision of off-street loading space, location, size and number of signs, and the character and extent of landscape development and other treatment for adJustment to surrounding property must be approved by the City Planning Commission and the City Commission before a building permit is issued. The site plan shall be in conformance with Section 613 and Section 614 Deviation from anv of the regulations in Sections 613 and 614 shall be under the exclusive �urisdiction of the Plannins and Zoning Commission and the Brookings CitY Commission. 621-a . 15 Toxic or poison material processing. 621-a. 16 Grain and forage processins and handling. - 4 - 621-a . 17 Alcohol plant . A. That section 634. 1 be amended to read as follows : 634. Procedure . . 1 Initial Development Plan. When a petitioner wanta to reyuest rezoning to the Planned Development District, he shall submit his request to the Engineer' s Office, showing the information specified in 635 below, a minimum of 20 days prior to the Planning Commission meeting, at which consideration is desired. After the Planned Development request has been reviewed by the Engineer's Department, the City and CountY Plannins Commissions shall make a recommendation to the City and County Commissions on the requested rezoning. The City and County Commissions shall then act to approve or denY said request . This request for rezoning is subject to the requirements for Section 800, Article VIII . No build- ing permits shall be issued within the development until the Final Development Plan is approved and the plat is filed. B. That section 634. 2 be amended to read as follows : . 2 Final Development Plan. Prior to construction on any lots in the Planned Development, the petitioner shall present a Final Development Plan, showing the informa- tion specified in 635 below, to the City Planning Commission, who shall have the sole authority to approve, deny, or amend said plan. The Final Development Plan may be submitted in conjunction with the Initial Development Plan for concurrent approval on any sub-areas the developer is ready to commit to a final plan. All the information - 5 - required for both an Initial and Final Development Plan must be shown for the areas submitted for concurrent approval , except that the developer maY reference the requirements of one of the traditional zoning districts as the development standard for a particular sub-area. C. That section 634.3a be amended to read as follows : . 3 Amendments . (a) Ma�or Amendments . Ma�or amendments to the Initial and/or Final Development Plan shall be required to be approved as an amendment to the Zoning Ordinance, requiring the City and CountY Planning Commissions ' review, the City and County Commission' s approval , and the public notice, which have been provided for in Section 800, Article VIII . D. That section 634.b be amended to read as follows : (b) Minor Amendments . Minor amendments to the Initial and/or Final Development Plan shall be required to be approved by the City Planning Commission at a hearing for which notice has been published in a locally circulated newsPaper one week prior to the Planning Commission meeting. Minor amendments to the Initial Development Plan may also be made by the submission and approval of the Final Developmerit Plan which is changed from the approved Initial Development Plan. V. That Article VII be amended to read as follows : 700 .7a One and two family dwellings : two (2) spaces for each dwelling unit . 700 .7b Multiple dwellings, apartments, townhouses, and condo- miniums : two (2) spaces for each dwelling unit exclu- sive of garages . - 6 - 701 . 6 Front Yard parking. No off-street parking shall be permitted in the front yard of any residence or RB-4 neighborhood business district, except for a normal driveway providins access to the garage or to the rear of the lot except that front yard parking shall also be permitted from November 15 to April 1 upon the side Yard which is ad�acent to and abutting the driveway. On a corner lot no off-street parkins shall be permitted between either the side lot line and the side street building line or the side lot line and the principal building whichever is greater, except for a normal driveway providing access to a garage or to the rear of the lot except that front yard parking shall also be permitted from November 15 to April 1 upon the side yard which is ad�acent to and abutting the drive- way• 702 . 1 In business and industrial districts, the location and width of entrance and exit drives shall be determined by this section. 702 . 1f . Parkins spaces or access thereto may be allowed up to all propertY lines provided that adequate means are taken to prevent encroachment over the public right- of-way or over abutting private property. 702 . 1y. On corner lots driveways and parking shall not be allowed within (10) feet of the property corner nearest the street intersection. 702 . 2 In residential districts and on lots used solely as residential in other districts, the following shall BPPIY• a . Ttie maximum numb�r of drivewavs shall be limited to one ( 1) on anv street the lot abuts. b. The curb cut width maY not exceed thirtY-five (35) percent of the width of the lot or twenty-four (24) feet, whichever is less . - 7 - c . New drivewaY approaches shall be hard surfaced with asphalt or concrete from the curb line to the sidewalk. d. Drivewav apProaches from the street to the proper- ty line shall be not wider than the allowable curb cut . e . The width of the driveway from the sidewalk, or property line if no sidewalk exists, onto the property shall not exceed thirtY-five (35) percent of the width of the lot frontage, measured paral- lel to frontage line . The frontase of a corner lot is defined as the narrow side of the lot which abuts a street . f . Driveways within the above listed parameters, may be placed contiguous to a side or rear lot line . 702 .4 Delete 703 . Acceasory buildings, area and location. An accessory building located on a residential lot shall not be nearer than three (3) feet to anY side or rear lot line . When a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line . An accessory building, that is located closer than ten (10) feet to the rear line of the principal building, shall provide the same side yard as is required for the principal building. � When the rear lot line of a corner lot abuts the side lot line of an ad�oining lot, building clearances to the rear lot line shall be the same as required for interior side Yards . Accessory buildinss set back sixty (60) feet from the side lot line ad�acent to the street mav be within three (3) feet of the rear lot line . Section 715 . Amateur Communication Tower Regulations. 716 . Area Regulations . - 8 - 716 . 1 Residential zones : Tower placement must complY with the minimum side, front and rear yard requirements for structures for the respective zone in which it is to be placed. 716 . 2 Business Zones : Tower placement must comP1Y with the minimum side, front and rear yard requirements for structures for the respective zone in which it is to be placed. 717. Height Restrictions . 717. 1 Basic Height . Each tower may have a basic height of thirty-five (35) feet . For every one (1) additional foot in from the side lot line another one (1) foot in height can be added to a maximum height of sixtY (60) feet . 717 . 2 Roof Towers . Towers attached to the roof of a struc- ture shall extend not more than twentv (20) feet above the roof line . 718. Structure Requirements. 718. 1 Material Restrictions . Towers constructed of wood are limited to a maximum height of thirty-five (35) feet . 718 . 2 Construction requirements . Towers must be constructed and anchored accordins to the manufacturers instruc- tions . VI . All sections and ordinances in conflict herewith are hereby repealed. F I RST READ I NG : September 26 t 1989 SECOND READ I NG AND ADOPT I ON : October 10, 1989 PUBLISHED : October 13, :1989 '\.;�V;.i I'Z{���'. . r.:•. � . •`AT"1���T: v': 1��3 9 , . . ., � � . . ___._ ,,_.---- �iv r:��-� _,Y' � �� .` a� i.�G,/�I L.r 7 �i� �/ Theo. C. Kryger Gail Robertson Finance Officer Mayor - 9 -