HomeMy WebLinkAboutOrdinance 21-2003 Ordinance No. 21-03
An Ordinance Amending Chapter 94,Zoning,
Of The City Of Brookings, South Dakota
BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA that Chapter
94, Zoning, of Ordinance No. 25-02 be revised as per attached Exhibit A.
The governing body of the City of Brookings has adopted Ordinance No. 21-03 which
revises Chapter 94 of Ordinance 25-02. Anyone interested in obtaining or reviewing a copy of
Ordinance No. 21-03 may do so by contacting the City Clerk at 311 Third Avenue, Brookings,
SD.
FIRST READING: August 12, 2003
SECOND READING: August 26, 2003
PUBLISHED: August 29, 2003
C : BROOKINGS
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Sc. 5runsterman, Mayor
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Shari ornes, ity Clerk
City of Brookings
1994 Revised Zoning Ordinance
Chapter 94 Index
Article I. In General
Sec.94-1. Definitions.
Sec.94-2. Purpose of chapter.
Sec.94-3. Interpretation.
Sec.94-4. Fractions.
Sec.94-5. Compliance with chapter provisions.
Sec.94-6. Penalty for violation of chapter.
Sec.94-7. Amendments.
Secs.94-8--94-40. Reserved.
Article II. Administration and Enforcement
Sec.94-41. Nonconforming and nonstandard uses,buildings and structures.
Sec.94-42. Board of adjustment.
Sec.94-43. Appeals.
Sec.94-44. Hearing and deciding petitions for variances;conditions.
Sec.94-45. Limitations.
Sec.94-46. Enforcement officer;powers and duties.
Sec.94-47. Right of entry.
Sec.94-48. Stop order.
Sec. 94-49. Occupancy violation.
Sec.94-50. Zoning and use registration permits.
Secs. 94-51--94-80. Reserved.
Article III. Zoning Districts Established;Zoning Map
Sec.94-81. Districts designated.
Sec.94-82. Documents referenced.
Sec.94-83. Boundaries of districts.
Sec.94-84. Rules for interpretation of boundaries.
Sec.94-85. Vacation of streets and alleys.
Sec.94-86. Classification of land coming within the zoning jurisdiction of the city.
Sec.94-87. Classification of annexed territory.
Secs.94-88--94-120. Reserved.
Article IV. District Regulations
Division 1. Generally
Sec.94-121. Floodway FW district.
Sec.94-122. Agricultural A district.
Sec.94-123. Residence R-1 rural estate district.
Sec. 94-124. Residence R-1A single-family district.
Sec.94-125. Residence R-1B single-family district.
Sec. 94-126. Residence R-2 two-family district.
Sec.94-127. Residence R-3 apartment district.
Sec. 94-128. Residence R-3A apartments/mobile homes/manufactured housing.
Sec.94-129. Residence RMH single-family and manufactured housing district.
Sec.94-130. RB-4 neighborhood business district.
Sec.94-131. Business B-1 central district.
Sec. 94-132. Business B-2 district.
Sec.94-133. Business B-2A office district.
Sec.94-134. Business B-3 heavy district.
Sec.94-135. Business B-4 highway district.
Sec. 94-136. Industrial I-1 light district.
Secs.94-137--94-160. Reserved.
Division 2. Overlay Districts
Sec.94-161. Industrial I-1 R restricted district.
Sec. 94-162. Industrial 1-2 heavy district.
Sec.94-163. Planned development district.
Sec. 94-164. Brookings Airport Zoning Ordinance.
Secs.94-165--94-200. Reserved.
Article V. Conditional Uses
Division 1. Generally
Secs.94-201--94-220. Reserved.
Division 2. Permit
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1994 Revised Zoning Ordinance
Sec.94-221. Generally.
Sec.94-222. Application.
Sec.94-223. Fees.
Sec.94-224. Information on site plan.
Sec.94-225. Planning commission hearing.
Sec.94-226. Planning commission report.
Sec.94-227. City council hearing.
Sec.94-228. Amendments.
Sec.94-229. Expiration.
Sec.94-230. Preexisting uses.
Sec.94-231. Reapplication.
Secs.94-232-94-250. Reserved.
Division 3. Standards
Sec.94-251. Generally.
Sec.94-252. Agriculture.
Sec.94-253. Airport.
Sec.94-254. Animal hospital.
Sec.94-255. Apartments.
Sec.94-256. Assembling/packaging operation.
Sec.94-257. Automobile service stations.
Sec.94-258. Bed and breakfast establishments.
Sec. 94-259. Boardinghouses.
Sec.94-260. Boilerworks.
Sec.94-261. Buy back centers for recyclables.
Sec.94-262. Campgrounds.
Sec.94-263. Cemeteries.
Sec.94-264. Churches.
Sec.94-265. Condominiums.
Sec. 94-266. Contractor shops and storage yards.
Sec.94-267. Crematoriums.
Sec.94-268. Day care facilities and nursery schools.
Sec.94-269. Distillation of products.
Sec.94-270. Domestic abuse shelter.
Sec.94-271. Farm store/feed store.
Sec.94-272. Financial institutions.
Sec. 94-273. Floodway structures.
Sec.94-274. Fraternity/sorority houses.
Sec. 94-275. Freight handling facilities.
Sec.94-276. Gas dispensing station.
Sec. 94-277. Group homes.
Sec.94-278. Major home occupations.
Sec.94-279. Hot mix plants.
Sec.94-280. Household hazardous waste sites.
Sec.94-281. Junkyards.
Sec.94-282. Kennels.
Sec.94-283. Light processing facilities.
Sec.94-284. Manufacture or storage of explosives.
Sec.94-285. Manufacturing(light).
Sec.94-286. Mixed business/residential uses.
Sec.94-287. Mobile home/manufactured home parks.
Sec.94-288. Nonmunicipal libraries,museums,art galleries,community centers and private clubs and
lodges.
Sec.94-289. Off-street parking;off-site.
Sec.94-290. Offices.
Sec.94-291. Personal health services.
Sec.94-292. Private lakes.
Sec.94-293. Repair garages.
Sec.94-294. Quarries.
Sec.94-295. Recreation facilities.
Sec.94-296. Rendering facilities.
Sec.94-297. Retirement and nursing homes.
Sec.94-298. Small animal clinics.
Sec.94-299. Stables.
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1994 Revised Zoning Ordinance
Sec.94-300. Stockyards;slaughtering of animals.
Sec.94-301. Tank farms.
Sec. 94-302. Townhouses.
Sec.94-303. Transfer site for recyclables.
Sec.94-304. Two-family dwellings.
Sec.94-305. Vocational or trade schools.
Sec.94-306. Wholesale trade.
Secs.94-307--94-340. Reserved.
Article VI. Supplemental Regulations
Division 1. Generally
Sec.94-341. Large scale residential development.
Sec.94-342. Additional height regulations.
Sec.94-343. Access drives.
Secs.94-344-94-360. Reserved.
Division 2. Use Regulations
Sec.94-361. Scope of division regulations.
Sec.94-362. Home occupations.
Sec.94-363. Quarrying/material extraction.
Sec.94-364. Mobile homes/manufactured housing and parks.
Sec.94-365. Accessory buildings and uses.
Sec.94-366. Fuel dispensing and vehicle repair operations.
Secs.94-367--94-390. Reserved.
Division 3. Yard Requirements
Sec.94-391. Scope of division regulations.
Sec.94-392. More than one main building.
Sec.94-393. Unit group of buildings.
Sec.94-394. Accessory building location.
Sec.94-395. Projection of porches,decks and platforms.
Sec.94-396. Communication towers.
Sec.94-397. Satellite dishes.
Sec.94-398. Fences,walls and hedges.
Sec.94-399. Landscaping.
Sec.94-400. Hard-surfaced parking.
Sec.94-401. Screened parking.
Sec.94-402. Adjustment to front yard requirements.
Sec.94-403. Adjustment to side yard requirements.
Sec.94-404. Adjustment to lot width requirements.
Sec.94-405. Manner of ownership of property.
Sec.94-406. Reduction of lot area.
Sec.94-407. Intersection safety zone.
Secs. 94-408--94-430. Reserved.
Division 4. Parking, Stacking and Loading
Sec.94-431. Location of parking spaces.
Sec.94-432. Computation of parking spaces.
Sec.94-433. Off-street parking requirements.
Sec.94-434. Stacking.
Secs.94-435--94-460. Reserved.
Division 5. Signs
Sec.94-461. Definitions.
Sec.94-462. Purpose and intent of division.
Sec. 94-463. Compliance and applicability of division provisions.
Sec. 94-464. Signs exempt from division regulations.
Sec.94-465. Nonconforming signs.
Sec.94-466. Forfeiture, nonconforming.
Sec. 94-467. Permit.
Sec.94-468. Prohibited signs.
Sec.94-469. Design,construction and maintenance.
Sec.94-470. Regulations for all districts.
Sec. 94-471. Signs in public right-of-way.
Sec.94-472. Computation of area and height.
Sec. 94-473. Tables.
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1994 Revised Zoning Ordinance
ARTICLE I. IN GENERAL
Sec.94-1. DEFINITIONS.
The following words,terms and phrases,when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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.
Accessory Use: A use which is subordinate to the main use of land or a building on a lot and
customarily incident thereto.
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.
Airport: A place where aircraft can land and take off, usually equipped with hangars, facilities
for refueling and repair, and various accommodations for passengers, including heliports.
Alcohol Plant: A plant which manufactures various compounds analogous to ethyl alcohol.
Alley:A public or private right-of-way which affords only a secondary means of access to
abutting property.
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.
Animal Hospital: A place where animals, especially domestic animals, are treated for injuries
and diseases. This includes the temporary indoor kenneling of recovering animals.
Antenna: Any device that radiates or captures electromagnetic wave signals including digital and
analog voice and data signals or video or microwave signals.
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1994 Revised Zoning Ordinance
Antenna Support Structure: An existing building or structure such as, but not limited to, utility
poles, signs, elevated water tanks and steeples that supports wireless communications facilities.
Apartment: A room or suite of rooms with toilet and culinary accommodations used or designed
for use as a residence by a family (see defmition 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.
Asphalt Plant: A plant which manufactures asphalt through the refining of petroleum.
Assembling/Packaging Operation: An operation where manufactured parts are assembled into a
complete machine, structure or unit and packaged for shipment.
Auction House: A building or place where goods or property are sold to the highest bidder
Automobile Sales: The use of any building, land area, or their premises for the display and sale
of new or used automobiles, sport utility vehicles and pickups, and including any warranty repair
work and other repair service conducted as an accessory use(see outdoor sales).
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.
Automobile Storage Yard: The temporary storage or impoundment in an unroofed area of
licensed and operable vehicles.
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.
Awning/Canopy: A roof-like cover that projects from the exterior wall of a building.
Basement: Any floor level below the first story in a building, except that a floor level in a
building having only one level shall be classified as a basement if any portion of the floor is more
than 4 feet below grade at any point.
Bed and Breakfast Establishment: A single-family residence which is used to provide limited
meals and temporary accommodations for a charge to the public.
Board of Adjustment: A public and quasi-judicial agency charged with the duty of hearing and
determining appeals concerning the zoning ordinance.
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1994 Revised Zoning Ordinance
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 (8) persons not
related by blood or law and is not open to transient guests.
Boat Sales: The use of any building or land area for the display and sale of new or used boats,
trailers or other types of watercraft.
Broadcast Tower: A structure for the transmission of radio or television broadcast
communications. This term does not include offices or studios.
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 firewall, then each such portion shall be deemed to be a separate
building.
(1) 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.
(2) 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 requirements of a single building upon a single lot.
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.
Building Line: An imaginary line parallel to a lot line which is a horizontal distance from the lot
line equal to the depth of the yard required for the district in which such lot is located.
Campground/RV Park: 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 located and
occupied as temporary living quarters.
Car Wash: A building or portion thereof, where automobiles are washed commercially, or
equipment is rented for the same purpose.
Caretaker: A person who takes care of the house or land of an owner who may be absent.
Cemetery: The use of land as a burial place for human remains.
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1994 Revised Zoning Ordinance
Center Line: The true centerline 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 centerline.
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.
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.
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.
Amateur Radio Operator Tower: A structure used for the transmission, broadcast or reception of
amateur radio or citizen band signals.
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.
Concrete Plant: A plant where cement, aggregate, water and other additives are mixed to create
concrete.
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)
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)
Condominium: An apartment building where the space within each dwelling unit is owned
individually but the building and land is owned in common. See "Apartment".
Conifer: A cone-bearing tree or shrub, including evergreen, spruce and pine trees.
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1994 Revised Zoning Ordinance
Contiguous: Being in contact,touching, adjoining.
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 a construction and/or repair business,
with the work generally completed at some other on-site location.
Crematorium: An establishment containing a furnace used to reduce human remains to ashes.
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.
Day Care Facility: A building in which care and supervision is provided for more than twelve
(12) children at any one time.
Day Care, Family: A residence in which care and supervision is provided for twelve (12) or less
children at any one time including children under the age of six living in the home
Deck: An above grade roofless platform adjoining a house.
Delicatessen, eatery, luncheonette: A small restaurant that serves light lunches, sandwiches and
various ready-to-eat food products.
Density: The number of families, individuals, dwelling units or housing or other structures per
unit of land.
Developer: An owner or agent of an owner of property who desires to establish, alter, change or
improve the use of property.
Distillation: A building or premises used for the purification and concentration of a substance by
volatilization or evaporation and subsequent condensation.
Domestic Abuse Shelter: A place which provides temporary protection for victims of domestic
abuse.
Drive Up Service Window/Device: An establishment which accommodates the patron's motor
vehicle from which the patron may obtain or receive a service or obtain a product through a
service window or automated device.
Driveway Approach: A means of access from a road or street onto abutting property.
Driveway, Residential: A surfaced access from the property line to a garage, sideyard or rear
yard.
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1994 Revised Zoning Ordinance
Drinking Establishment, Pub, Bar: A building or place where fermented malt beverages,wine or
intoxicating liquor is sold and consumed.
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.
Dwelling, Single-Family: A building designed or used exclusively for occupancy by one (1)
family.
Dwelling, Single-Family Farm: A dwelling located upon a farm.
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.
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.
Dwelling, Two-Family: A building designed or used exclusively for occupancy by two (2)
families.
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.
Equipment Rental Store: An establishment or premises that displays tools,power equipment and
construction equipment for rent and may include trailer and truck rentals.
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 application for a mining permit.
Fabricating: A method of constructing or manufacturing by using diverse or standardized parts.
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:
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1994 Revised Zoning Ordinance
(1) Persons residing with the family for the purpose of adoption.
(2) Not more than six (6) persons under 18 years of age residing in a foster home licensed or
approved by a governmental agency.
(3) 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.
(4) Persons living with a family at the direction of a court.
Farm: A parcel of land used for agricultural purposes.
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.
Farm Store/Feed Store: A store selling primarily agricultural products, including the bulk
storage of fertilizers and related agri-chemicals.
Farmstead: The area of a farm where the buildings are located and adjacent areas that are not
used for growing crops or grazing animals.
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.
Financial Services means establishments engaged in providing services involving 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 and teleservices.
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.
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.
Freight Handling: An operation which involves a building where goods are stored for eventual
shipment by a common carrier.
Funeral Home/Mortuary: 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.
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City of Brookings
1994 Revised Zoning Ordinance
Game Propagation Area: The use of land for increasing the number of game animals through
sexual reproduction.
Garage, Attached Private: An enclosed building that is connected to and shares a common wall,
with the principal building, that contains a corridor or opening for passing between or exiting
either building without going outdoors
Garage, Private: An enclosed building or space designed or used for the storage of personal
motor vehicles and other customary household articles which are owned and used by the
occupants of the building to which it is accessory.
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.
Garage Stall: An area within a private garage which can accommodate one motor vehicle and
has a standard width of twelve (12) feet.
Gas Dispensing Station: Any building or premises which provides for the retail sale of gasoline
or oil. No automobile repair work, or testing may be done upon the premises containing a gas
dispensing station.
Golf Course: A tract of land for playing golf, improved with tee boxes, greens, fairways,
hazards, and which may include clubhouses and shelters.
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.
Grain Terminal: A facility for the storage of agricultural grains.
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 enjoyment.
Grocery Store: An establishment which sells a limited variety of foods and household
merchandise.
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.
Group Home: A supervised living or counseling arrangement in a family home context
providing for the 24 hour care of children or adults.
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City of Brookings
1994 Revised Zoning Ordinance
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 94-362.
Hospital: An institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, 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.
Hot Mix Plant: An operation where aggregate, asphalt, cement and other substances are heated
prior to mixing.
Hotel: An establishment that provides temporary lodging for guests and may include meals,
entertainment and various personal services for its guests.
Institutional Farm: A farm which is operated by a college or university or other public entity.
Junkyard: An area of land, with or without buildings, used for or occupied by a deposit,
collection, or storage of used and/or discarded materials such as wastepaper, rags, scrap metal,
used building materials, house furnishings, machinery, vehicles, or parts thereof, with or without
the dismantling,processing, salvage, sale or other use or disposition of the same.
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 maintained, 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.
Landscaped Area: An area that is permanently devoted and maintained 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.
Livestock: Domestic animals kept or raised for use, pleasure or profit. This definition shall not
include swine.
Loading Space: A space within a building or on the same lot for the standing, loading or
unloading of trucks.
Lot: A piece, plot or parcel of land, or group of abutting 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 accessory buildings thereto, and having its frontage on a dedicated public street.
Lot Area: The area of a horizontal plane enclosed within the boundaries of the lot.
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
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City of Brookings
1994 Revised Zoning Ordinance
be considered the primary front lot line. Corner lots with only one lot line not defined as a front
lot line shall be allowed a side lot line.
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.
Lot Frontage: The length of the front lot line measured at the street right-of-way line.
Lot, Interior: A lot other than a corner lot.
Lot Line: A boundary line of a lot.
Lot Line, Front: The lot line separating a lot from a street right-of-way.
Lot Line, Primary Front: The lot line separating the primary front yard from a street right-of-
way
Lot Line, Rear: The lot line opposite and most nearly parallel to the primary front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line.
Lumber Yard: The use of land and/or buildings for the storage and retail sale of building
materials.
Manufactured Home: A building,used exclusively for human habitation, which is constructed in
compliance with the National Manufactured Home Construction and Safety Standards Act in a
manufacturing facility, and is transportable in one or more sections to a building site.
Manufacturing (heavy): The heavy manufacture of acid, alcohol, ammonia, asphalt, bleach,
cement, chlorine, dyestuffs, explosives, fertilizer, glue, gypsum, lime, oils, plaster of pans,
cosmetics, pharmaceutical products, paper, etc. Establishments engaged in the mechanical or
chemical transformation of materials 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.
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
Marquee: A permanent roof-like structure extending from the building wall over public
property.
Meat Market: An establishment specializing in the processing and sale of meat and which may
include a delicatessen as an accessory use.
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City of Brookings
1994 Revised Zoning Ordinance
Mobile Home: A building, used exclusively for human habitation, constructed in a
manufacturing facility prior to June 15, 1976, the effective date of the National Manufactured
Home Construction and Safety Standards Act, which is transported on a permanent chassis to a
building site. A mobile home shall be construed to remain a mobile home subject to all
regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of
mobility are removed and regardless of the nature of the foundation provided. A mobile home
shall not be construed to be a travel trailer or other form of recreational vehicle.
Mobile Home Park: Any premises where one or more mobile homes/manufactured homes are
parked for living or sleeping purposes, and where recreational vehicles are parked temporarily for
living or sleeping purposes. A mobile home park may also include any buildings, structures,
vehicles or shelters used or intended for use as part of the equipment of such mobile home park.
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.
Modular Home: A building, used exclusively for human habitation, constructed off site and in
compliance with the applicable local or state building code and which is transported on a
temporary chassis to a permanent building site.
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.
Motor Vehicle, Personal: A self-propelled vehicle with a gross vehicle weight less than 11,000
pounds and/or seating capacity less than 16.
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.
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.
Nonconforming Use: Any building or land lawfully occupied by a use at the time of passage of
this ordinance or amendment 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.
Nonstandard Use: 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 it is
located even though the use of the premises conforms to the permitted use within the district as
provided in this ordinance and amendments hereto.
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1994 Revised Zoning Ordinance
Nursery: Land or greenhouses used to raise flowers, shrubs,and plants for sale.
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.
Off-Street Parking, Off Site: Parking spaces on an adjacent parcel of land which are reserved for
uses which are located on nearby land.
Office: A place where administrative functions such as consulting, record keeping and clerical
work are performed for a business or organization.
Office Building: A building designed for or used as the office of professional, commercial,
industrial,financial,religious, institutional or public or semi-public organizations.
Orchards/Tree Farm: An area of land used for the commercial production of fruit,nut or other
types of trees.
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,modular,manufactured or mobile homes, and boats.
Outdoor Storage: The keeping, in an unroofed area, of any goods,junk,material or merchandise
in the same place for more than one(1)month.
Parking Facility: An approved, hard-surfaced open or enclosed off-street parking area or
structure where licensed and operable motor vehicles are temporarily parked for a fee or allowed
without a fee by a public entity.
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 one hundred sixty(160)
square feet, together with a driveway connecting the parking space with a street, road or alley,
and permitting ingress and egress of an automobile.
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 "permitted special use" and with any other conditions and standards set forth in the
zoning ordinance and as may be prescribed by the appropriate authority.
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.
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City of Brookings
1994 Revised Zoning Ordinance
Personal Health Service: Establishments primarily engaged in providing health services,
including, but not limited to, medical, dental, chiropractic, ophthalmology, optometry and
audiology.
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 laundries, photographic and art studios, beauty shops, barber shops, shoe repair,
reducing salons,health clubs, clothing rental,tailor and dressmaker.
Pharmacy: An establishment which prepares and dispenses medicines and sells customary
health products.
Premises: A lot,parcel,tract or plot of land together with all buildings and structures thereon.
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 bylaws.
Private Lake: A lake relating to a specific subdivision or intended for a particular group or
person.
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, beverages, fruits, vegetables, meat,
poultry and dairy products.
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.
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 installation.
Public Transportation Facility: A place where the transfer of people between modes of
transportation takes place.
Public Utility Facility: Telephone, electric and cable television lines, poles and equipment;
water, gas and sewer pipes and valves, lift stations, telephone exchanges and repeaters and all
other facilities and equipment necessary for conducting a service by a government, public utility
or cable television franchisee.
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.
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City of Brookings
1994 Revised Zoning Ordinance
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.
Recreation, Private: A recreation area or facility operated as a business and open to the public
for a fee.
Recreation, Public: A recreation area or facility operated by a governmental agency and open to
the general public with or without fees.
Recreational Vehicle: A vehicle designed for recreational use as in camping or for temporary
living quarters and may include motor homes,travel trailers and campers.
Refining: A process in which a substance is reduced to a pure state or perfected through the
elimination of impurities.
Rendering: A building or premises used for the processing or temporary storage of dead animals.
Repair Garage: See "Garage,Repair".
Repair Shop: An establishment where small appliances, household goods and other similar
devices are maintained or repaired.
Research and development facility means a building where experimentation is undertaken for the
collection of information on particular subjects, devices, machines or techniques without
engaging in mass production processes.
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:
(1) 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.
(2) Citizen's Drop-off 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.
(3) 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 treatment, storage or disposal facilities.
(4) 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 remanufacturing.
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City of Brookings
1994 Revised Zoning Ordinance
a. Light Processing Facility occupies an area under forty-five thousand (45,000) square feet
of gross collection, processing and storage area and has up to an average of two (2)
outbound truck shipments per day. Light processing facilities are limited to baling,
briquetting, crushing, compacting, grinding, shredding and sorting of source-separated
recyclable materials and repairing of reusable materials. A light processing facility shall
not shred, compact or bale ferrous metals other than food and beverage containers.
b. Heavy Processing Facility is any processing facility other than a light processing facility
and may shred, compact or bale ferrous metals other than food and beverage containers.
(5) Reverse vending machine: An automated mechanical 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 containers mechanically, provided the entire process is
enclosed within the machine.
(6) Transfer Site: A location where an intermediate phase in the treatment of solid waste occurs.
After the solid waste has been deposited in transfer vehicles, it shall be transported from the
site.
(7) Yard Waste Composting Facility: A site used for the controlled microbial degradation of
garden wastes, leaves, lawn cuttings and prunings generated at residential or commercial
properties to yield a humus-like product.
Retail Store: Establishments engaged in selling products, goods or merchandise to the general
public for personal or household consumption; and establishments engaged in providing services
or entertainment to the general public including eating establishments, repair shops, indoor
amusement, copying services, professional, educational, and social services, and other
miscellaneous services.
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.
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 display or sale of farm products.
Sanitary Landfill: A site used for the disposal of solid waste.
School, Elementary: Any school with grades kindergarten through 8th grade licensed by the state
and which meets the state requirements for elementary education.
School, Parochial: A private school maintained by a religious body for elementary and
secondary education.
School, Post Secondary: An institution which offers instruction or educational services primarily
to persons who have completed their secondary education.
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1994 Revised Zoning Ordinance
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.
School, Public: A building which is designed, constructed or used for education or instruction
and is controlled by a local governmental authority.
School, Secondary: Any school licensed by the state and which is authorized by the state to
award diplomas for secondary education.
School, Vocational/Trade: A secondary school teaching the skilled trades.
Screened: Concealing or covering a use in a manner which reduces the view of such use from
adjacent properties.
Service Store: A facility that provides maintenance, repairs or incidental services without
producing a tangible or material commodity
Shelterbelt: A barrier of trees and shrubs that provides protection from wind and storm and
reduces erosion.
Site Plan: A scaled view showing the proposed uses and structure(s) for a parcel of land as
required by the regulations involved. It includes building locations, lot lines, streets, open space,
access drives, landscaping and parking areas.
Small Animal Clinic: A place where small,household pets are treated for injuries and diseases
on a primarily outpatient basis. This includes the temporary indoor kenneling of recovering
animals.
Smelting: A facility where metals are melted or fused with an accompanying chemical change.
Stable: Any premises or part thereon where horses or other equine animals are sheltered and fed.
Stable, 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.
Stable, 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.
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.
Standard Tree: A tree with a minimum caliper of 21/2 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.
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City of Brookings
1994 Revised Zoning Ordinance
Stockyard: A lot or building in which transient cattle, sheep, swine or horses are temporarily
kept for slaughter, market or shipping.
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.
Street: The traveled portion of a public right-of-way which affords the principal means of access
to abutting property.
Street, Arterial: A street that has the capacity to carry large volumes of traffic quickly and is
designated as such on the Major Street Plan
Street, Collector: A street that is a primary connector between arterial streets and is designated
as such on the Major Street Plan.
Street, Principal Arterial: A major traffic artery that is part of the federal highway system and is
designated as such on the Major Street Plan.
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.
Sub-area Development Sequence: A proposed timetable providing the sequence in which a
minor area of a Planned Development District will be developed.
Surfaced area: An area of land that is improved with gravel, asphalt or concrete
Swimming Pool, Private: A tank of concrete, plastic, fiberglass or other material erected in or
upon private property.
Swimming Pool, Public: A tank of concrete, plastic, fiberglass or other material erected in or
upon publicly owned land.
Tank Farm: A facility containing large, above ground containers for the bulk storage in liquid
form of petroleum products.
Telecommunications Tower: A self-supporting lattice, guyed-lattice, or monopole structure that
supports wireless communications facilities such as microwave, common carrier, cellular
telephone, personal communication services, two-way radio paging and other similar services.
This term does not include amateur radio operator towers.
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City of Brookings
1994 Revised Zoning Ordinance
Temporary Storage Facility: A building made up of compartments that are rented for a limited
time for use by various individuals for storing personal items. This term does not include
commercial storage or warehousing.
Theater: An establishment that is used for the showing of motion pictures, plays or musical
dramas.
Townhouse: An apartment building or duplex where each dwelling unit is located on the ground
and attached by a common wall to other similar units. It is characterized by each dwelling unit
and the land under the unit being owned individually and the remaining land being owned in
common.
Tree: A tree with a minimum designated caliper and/or height range. Caliper indicates the
diameter of the trunk six(6)inches above grade. (See section 94-399.)
Truck Gardening: The use of land for growing large quantities of produce for eventual shipment
to market.
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
accommodations and restaurant facilities.
Use, Conditional: See "Conditional Use"
Use, Principal: A use which may be lawfully established in a particular district or districts
provided it conforms with all requirements and regulations of such district in which such use is
located.
Utility Trailer/Truck Rental: The use of a building or land for the leasing of trailers and/or
trucks.
Vocational/Trade School: A secondary school teaching the skilled trades.
Warehousing: A building used primarily for the storage of goods and materials.
Wholesale Trade: Establishments or places of business primarily engaged in selling merchandise
to retailers and to industrial, commercial, institutional or professional businesses.
Wireless communications Facilities: Any cables, wires, lines, wave guides, antennas, antenna
arrays or other equipment associated with the transmission or reception of telecommunication
signals
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.
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City of Brookings
1994 Revised Zoning Ordinance
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 principal 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 considered as part of the
main building and shall not project into a required front yard.
Yard, Primary Front: The narrower of two front yards on a corner lot.
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.
Yard, Side: A yard situated between the principal building and the side lot line and extending
from the front yard to the rear yard.
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.
Sec. 94-2 Purpose of chapter.
Purpose.
(a) The zoning regulations and districts set forth in this chapter are based upon the
Comprehensive Plan of the city, adopted February 11, 2002.
(b) 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.
(c) 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.
Sec. 94-3 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 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
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City of Brookings
1994 Revised Zoning Ordinance
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.
Sec. 94-4. Fractions.
Where fractional numbers occur in this ordinance, they shall be rounded off to the next highest
number.
Sec. 94-5. Compliance with chapter provisions
(a) Except as otherwise provided in this ordinance, all buildings shall be erected, converted,
enlarged,reconstructed, 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, stacking, 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 regulations 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. use as a dwelling and located in an R-3A residential district or in a mobile home court;
2. use as a dwelling associated with a farm; or
3. use as a temporary office on a construction or development site.
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City of Brookings
1994 Revised Zoning Ordinance
A mobile home which is not in conformance with one of such 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.
Sec. 94-6 Penalty for violation of chapter
(a) For each violation of the provisions of this chapter, 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 as provided in section 1-8. 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 as provided in section 1-8.
(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, 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.
Sec. 94-7. Amendments
(a) Application for Zoning Change. A proposed change in zone district restrictions or boundaries
of the zoning map may be initiated by the City Council, 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.
(b) Application Requirements. All applications shall be submitted to the City Zoning Officer in the
form as provided by the City Engineering Department, on or before the fifteenth day of the month
preceding the regular Planning Commission meeting in which the request is to be heard.
(c) 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 designated in
Chapter 66 of this code.
(d)Planning Commission Hearing.
(1) Application; setting of dates; notice. 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 66 of this Code, the Zoning Officer shall set a date for public
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City of Brookings
1994 Revised Zoning Ordinance
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 once at least ten days in advance by publication in a legal newspaper of the municipality.
Any interested person shall be given a full, fair, and complete opportunity to be heard at the
hearing.
(2) Signs to be posted. 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. Said signs shall be furnished by the city and posted by the
applicant in the numbers and locations prescribed by the Zoning Officer.
(e) Planning Commission Report. The Planning Commission shall submit to the City Council a
final report containing its recommendations on those applications for zoning district regulation or
classification changes that it has considered. 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 Commissions make recommendations to the City Council and the Board of County
Commissioners.
(f) City Council Hearing.
(1) Application; notice. The City Council shall conduct a public hearing and act on all applications
that have been processed and forwarded to it for public hearing as provided in this chapter.
Notice of the time and place of the hearing shall be given once at least ten days in advance by
publication in a legal newspaper of the municipality. Any interested person shall be given a
full, fair, and complete opportunity to be heard at the hearing, and the governing body may
adopt or refuse the ordinance,with or without amendment.
(2) Signs to be posted. 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 94-7(d)(2) shall apply.
(3) Review of planning commission decision; determination. At such public hearing, the City
Council shall review the decision and recommendation of the Planning Commission of the
application submitted to the City Council. The City Council, in making its determination of
such application, may make changes in the zoning map in accordance with, or in
modification or rejection of,the recommendation of the Planning Commission.
(4) Approval of denial. Approval or denial of any application for a zoning district classification
change shall be by a majority of the members of the city council who are present and voting.
If a zoning ordinance is adopted, the ordinance shall be published and take effect as other
ordinances unless the referendum is invoked, or unless a written protest is filed with the
clerk, signed by at least forty percent of the owners of equity in the lots included in any
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City of Brookings
1994 Revised Zoning Ordinance
proposed district and the lands within two hundred fifty feet (250') from any part of such
proposed district. A corporation shall be construed to be a sole owner, and when parcels of
land are in the name of more than one person, ownership representation shall be in proportion
to the number of signers who join in the petition in relation to the number of owners. If a
protest is filed, the ordinance does not become effective unless the ordinance is approved by
two-thirds of the city council. Such written protest shall not be allowed as to any ordinance
regulating or establishing floodplain areas.
(g)Change of district regulation. Whenever the owners of 50 percent 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
chapter which are applicable to such district or part thereof, they may file a petition with the city
requesting the city to make such amendment, supplement or change. Such petition shall be
accompanied by the required maps and schedule in accordance with section 94-7(b) showing the
area affected by the proposed amendment, supplement or change, together with the boundaries of
such area and the names and addresses of all the owners of the lots therein that are recorded in the
office of the county register of deeds. Such petition shall immediately be transmitted to the city
planning commission for an investigation and report.
(h) Reapplication. Whenever an application to rezone a parcel of land has been defeated as
described in subsection (f)(4) of this section, 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 Council. This subsection, however, shall not prevent the City Council from
acting on its own initiative in any case or at any time as provided in this section.
Secs. 94-8 - 94-40. Reserved
ARTICLE II.ADMINISTRATION AND ENFORCEMENT
Sec. 94-41. Nonconforming and nonstandard uses,buildings and structures.
(a) 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.
(b) Scope of Regulations. 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.
(c) Continuation of Nonconforming Use. 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
nonconforming uses,structures or land shall be subject to the following limitations:
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(1) 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
(2) Reconstruction/Restoration.
a. When the use of a building or structure is nonconforming and such a building or
structure is destroyed by 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
exceeds one-half the current assessed valuation of the building or structure.
b. 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.
(3) Change in Use. A nonconforming use shall not be changed except to a permitted use,
permitted special use or conditional use in the zoning district in which it is located. A
change to a permitted special use or conditional use shall be subject to all additional
regulations and procedures as required by this chapter.
(4) Repairs and Maintenance.
a. 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.
b. For the purpose of this chapter, "ordinary repairs" shall include normal maintenance of
a building or structure and other replacements of, or substitutions for, machinery or
equipment. Ordinary repairs does not mean the replacement or restoration of
foundations or structural elements.
(d) Discontinuance of Nonconforming Use. Nonconforming uses, structures and lands shall not
be permitted to continue if such use is discontinued for more than one (1) year. The City Council
may adopt, after notice by certified mail to the property owner, an amortization schedule to bring
about the gradual elimination of such nonconforming use.
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(e) Nonconforming Uses in General. In general, nonconforming uses shall meet the following
requirements:
(1) 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.
(2) 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.
(3) 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 accordance
with subsection(c)(1)of this section.
(f) Nonstandard Uses. Nonstandard uses may be continued although such uses do not conform to
the provisions hereof. Nonstandard structures 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.
(g) Effect On Use Which Is Illegal Under Prior Law. Nothing in this ordinance shall be
interpreted as authorization for, or approval of, the continuance of the use of a 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.
Sec.94-42. Board of Adjustment
(a) Established. 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.
(b) Alternate terms. The City Council 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.
(c) Officers. The Board shall elect a chairperson and vice-chairperson from its members.
(d) Rules. The Board shall organize and adopt rules to govern its proceedings,provided, however,
that such rules are not inconsistent with this code and state and federal law.
(e)Powers. The Board of Adjustment has the powers provided by law and ordinance.
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Sec.94-43.Appeals
The board of adjustment shall 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.
Sec.94-44. Hearing and deciding petitions for variances; conditions.
The board of adjustment shall 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 unnecessary 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.
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 94-41(c)(1).
Sec.94-45. 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.
Sec.94-46. Enforcement officer; 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.
Sec.94-47. Right of Entry.
(a) 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
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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 reasonable effort to
locate the owner or other persons having charge or control of the building or premises and request
entry. If such entry is refused, the zoning officer or its authorized representative may pursue any
remedy provided by law to secure entry.
(b) 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
chapter.
Sec.94-48. 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.
Sec. 94-49. 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 such notice which
requires that the structure,or portion thereof,comply with the requirements of this chapter.
Sec. 94-50. Zoning and Use Registration 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 building 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.
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(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.
Secs. 94-51 —94-80. Reserved.
ARTICLE III. ZONING DISTRICTS ESTABLISHED; ZONING MAP
Sec.94-81. Districts Designated.
(a) Enumeration. 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
A Agricultural
R-1 Residential
R-1A Residential
R-1 B Residential
R-2 Residential
R-3 Residential
R-3A Residential
RMH Residential
RB-4 Business
B-1 Business
B-2 Business
B-2A Business
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B-3 Business
B-4 Business
B-5 Business
I-1 Industrial
I-2 Industrial
(b) Overlay Districts. 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 regulations:
I-1R Industrial
PDD Planned Development District
Brookings Airport Zoning Ordinance
Sec.94-82. Documents Referenced.
The following documents are adopted and incorporated by reference in this section and declared
to be a part of this chapter:
(1) The official zoning map of the City of Brookings, together with all the explanatory
matter thereon and attached thereto.
(2) The flood insurance study for the City and the Flood Insurance Rate Maps prepared by
the Federal Emergency Management Agency as adopted by resolution of the City
Council.
(3) The approved initial and final development plans and any amendments thereto, submitted
in conjunction with any Planned Development
(4) The approved site plan prepared in conjunction with any I-1R industrial district
development or conditional use request
Sec. 94-83. Boundaries 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.
Sec. 94-84. Rules for Interpretation of Boundaries.
(a) Unless otherwise provided, zone district boundaries shall be on the municipal corporate
lines, section lines, lot lines, natural boundary lines, or on the centerlines 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.
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(b) 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.
(c) Where a district boundary line divides a lot which was held in single ownership at the
time the boundary line was established, the use regulations applicable to the least restrictive
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.
(d) 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.
Sec. 94-85. 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.
Sec. 94-86. Classification of Land Coming Within the Zoning Jurisdiction of the City.
Before any territory may come under the jurisdiction of this chapter, it shall be zoned as
provided in Section 94-7.
Sec. 94-87. Classification of Annexed 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.
Secs.94-88—94-120.Reserved.
ARTICLE IV. DISTRICT REGULATIONS
DIVISION 1.GENERALLY
Sec.94-121. FLOODWAY FW DISTRICT
(a) Intent. The purpose of this district is to protect from encroachment 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.
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(b) Scope of section 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 Floodway FW
District.
(c) Permitted Uses.
(1) Crop production with minimum erosion potential
(d) Permitted Special Uses. 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
(e) Conditional Uses. 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
article V.
(1) Structures or encroachment associated with the above permitted special uses if
approval is obtained from the Federal Emergency Management Agency.
Sec.94-122. AGRICULTURAL A DISTRICT
(a) 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 requirements 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.
(b) Scope of 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 Agricultural A District.
(c) Permitted Uses.
1. Field crops and grassland
2. Game propagation area
3. Institutional farm
4. Orchard or tree farm
5. Public park
6. Truck gardening
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7. Single-family farm dwelling(including accessory uses incidental thereto such as
private garages,parking areas, etc.)
8. Seasonal roadside stand
(d) Permitted Special Uses. 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.
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.
5. Church.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
6. Shelterbelt in conformance with subsection(f)of this section.
(e) Conditional Uses.
1. Airport
2. Quarry
3. Cemetery
4. Hot mix plant
5. Private or riding stable
6. Campground/RV Park
7. Animal Hospital
8. Kennel
(f) Density,Area,Yard and Height Regulations.
The A district regulations shall be as follows:
Use Min. Min. Min. Min. Min. Max. Max.
Lot Lot Front Side Rear Height Lot
Area Width Yard Yard Yard Coverage
Sq.Ft.
single-family
dwelling, 35 acres 100'* 40' 40' 35** 20%***
Institutional farm,airport,
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quarry,cemetery,hot mix
plant
All other uses - 100'* 25 25 35**
*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,schools and recreation facilities are exempt from this
regulation.
**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.
(g) Accessory Uses. Accessory uses and building permitted in the A District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the A District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the A District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the A District shall be in conformance with the
regulations set forth in article II of this chapter
Sec.94-123 RESIDENCE R-1 RURAL ESTATE DISTRICT
(a) 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 permits 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.
(b) Scope of 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-1 Rural Estate
District.
(c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as
private garages,parking areas, etc.
(d) Permitted Special Uses. 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.
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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.
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.
d. No combination of buildings on the lot may exceed 4,000 square feet of gross floor
area.
4. Minor home occupation.
a. Requirements of Section 94-362 must be adhered to.
(e) Conditional Uses.
1. Family day care
2. Major home occupation
3. Private lake
4. Private or riding stable
(I) Density,Area,Yard and Height Regulations.
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'
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the R-1 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
co Other Regulations. Development within the R-1 District shall be in conformance with the
regulations set forth in article II of this chapter
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Sec.94-124. RESIDENCE R-1A SINGLE-FAMILY
(a) 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 penuits single-family dwellings
and supportive community facilities such as parks,playgrounds,schools,libraries and churches.
(b) Scope of 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-1A Single
Family District.
(c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as
private garages,parking areas,etc.
(d) Permitted Special Uses. 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.
2. Public or parochial school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
3. Public library,museum,park,playground or similar community facility.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
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 warehousing, storage
of vehicles, heavy equipment or supplies.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
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.
6. Minor home occupation.
a. Requirements of Section 94-362 must be adhered to.
(e) Conditional Uses.
1. Agriculture
2. Major home occupation
3. Public recreation facility
4. Non-municipal library,museum,art gallery,
5. Private lake
6. Private stable
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(f) Density,Area,Yard and Height Regulations.
The R-1A 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'
(g) Accessory uses. Accessory uses and building permitted in the R-1A District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1A District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1A District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1A District shall be in conformance with the
regulations set forth in article II of this chapter.
Sec.94-125 RESIDENCE R-1B SINGLE-FAMILY
(a) Intent. This district is intended to provide for areas of residential 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.
(b) Scope of 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-1B Single-
Family District.
(c ) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as
private garages,parking areas, etc.
(d) Permitted Special Uses. 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 94-124(d)(R-1A).
2. Private school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
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3. Family day care.
a. Restricted to 12 or less children at any one time.
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Two family dwelling
4. Group home
5. Major home occupation
6. Public recreation facility
7. Non-municipal library,museum, art gallery,
8. Private lake
9. Bed and breakfast establishment
(f) Density,Area,Yard and Height Regulations.
The R-1B district regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot Front Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family 10,000 10,000 75' 30' 8' 25' 35'
Two-Family 6,200 12,400 90' 30' 8' 25' 35'
Other Allowable Uses 10,000 75' 30' 10' 25' 35'
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
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the R-1B District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1B District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1B District shall be in conformance with the
regulations set forth in article II of this chapter
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Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT
(a) 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.
(b) Scope of Regulations. 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.
(c) Permitted Uses.
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.
(d) Permitted Special Uses: 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 Sections 94-124(d)(R-1A)and 94-
125(d)(R-1 B).
2. Single-family zero (0') sideyard dwelling.
a. A maximum of four(4) attached dwelling units are permitted.
b. Additional lot area requirements apply(subsection f of this section).
3. Funeral home or mortuary.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Group home
4. Major home occupation
5. Public recreation facility
6. Non-municipal library,museum, art gallery, community center,private club or lodge
7. Domestic abuse shelter
8. Townhouse
9. Apartment or condominium
10. Boardinghouse
11. Office
12. Bed and breakfast establishment
13. Fraternity/Sorority
14. Day Care Facility
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(f) Density,Area,Yard and Height Regulations.
The R-2 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 7,500 7,500 50' 25' 7' 25' 35'
SF 0'Sideyard
2 Units 6,000 12,000 80' 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 Units 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'
Apts,Condos,
Townhouses*
5 or more Units 2,420** 16,000 100' 25' 7'*** 25' 35'
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Other Allowable
Uses 7,500 50' 25' 7'*** 25' 35
*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 lots. Two thirds(2/3)of the landscaped area shall 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 lots shall be screened from single and two-family residential
uses according to Section 94-401.
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**A maximum of 18 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.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the R-2 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-2 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-2 District shall be in conformance with the
regulations set forth in article II of this chapter
Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT
(a) 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.
(b) Scope of 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-3 Apartment
District.
(c) Permitted Uses.
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
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
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1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B)excluding
family day care.
3. All permitted special uses and conditions as stated in Section 94-126 (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.
a. Parking areas shall be screened from adjacent residential properties with a four(4) foot
high opaque fence.
b. 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 residential 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.
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library,museum,art gallery,community center,private club or lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Bed and breakfast
(f) Density,Area,Yard and Height Regulations.
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
Units 8,400 65' 20' 7' 25' 35'
SF Attached
0'Sideyard 9,600 75' 20' 0'or 7' 25' 35'
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2 Units on non-party wall
3 Units 12,000 90' 20' 0'or 7' 25' 35'
on non-party wall
4 Units 14,000 105' 20' 0'or 7' 25' 35'
on non-party wall
Apts.,Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7*** 25' 45'
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
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 lots. Two thirds(2/3)of the landscaped area shall 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. 50%of the required landscaped area may be used for parking spaces in
excess of the minimum requirement. Parking lots shall be screened from single and two-family residential uses
according to Section 94-401.
**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.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the R-3 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-3 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-3 District shall be in conformance with the
regulations set forth in article II of this chapter
Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/
MANUFACTURED HOUSING.
(a) 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, sororities, mobile homes, manufactured
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City of Brookings
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homes, mobile home parks plus support facilities such as schools, parks, churches and community
and public buildings.
(b) Scope of 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-3A
Apartment/Mobile Homes/Manufactured Housing District.
(c) Permitted Uses.
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
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.
(d) Permitted Special Uses.
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A)and
Section 94-127(d)(R-3).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B),
excluding family day care.
3. All permitted special uses and conditions as stated in Section 94-126(d)(R-2),
excluding single family zero (0') side yard dwellings and family day care.
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library,museum,art gallery,community center,private club or lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Mobile home/manufactured housing park
7. Bed and breakfast establishment
(f) Density,Area,Yard and Height Regulations.
The R-3A district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
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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
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 Units 14,000 105' 20' 0'or 7' 25' 35'
on non-party wall
Apts.,Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other Allowed 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 lots. Two thirds(2/3)of the landscaped area shall 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. 50%of the required landscaped area may be used for parking spaces in
excess of the minimum requirement. Parking lots shall be screened from single and two-family residential uses
according to Section 94-401.
**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 cooking facilities are provided in
individual rooms.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the R-3A District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-3A District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-3A District shall be in conformance with the
regulations set forth in article II of this chapter.
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Sec. 94-129. RESIDENCE RMH SINGLE-FAMILY AND MANUFACTURED HOUSING
DISTRICT
(a) Intent. This district is intended to provide for areas of residential use with a gross density of
approximately nine dwelling units per acre or less. This district permits single-family dwellings,
two-family dwellings, modular homes, manufactured homes and supportive community facilities
such as parks, playgrounds, schools, libraries and churches. Acceptable similarity exterior
appearance standards will insure compatibility with surrounding uses.
(b) Scope of 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 RMH Single
Family and Manufactured Housing district.
(c) Permitted Uses.
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 manufactured home including accessory uses incidental thereto such as
private garages,parking areas, etc.
4. Single-family modular home including accessory uses incidental thereto such as private
garages,parking areas, etc.
(d) Permitted Special Uses. 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 Sections 94-124(d)(R-1A) and
94-125(d)(R-1B).
(e) Conditional Uses.
1. Major home occupation
2. Public recreation facility
3. Non-municipal library,museum, art gallery, community center,private club or lodge
4. Retirement or nursing home
5. Vocational or trade school
(f) Density,Area,Yard and Height Regulations.
The RMH 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
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City of Brookings
1994 Revised Zoning Ordinance
Sq.Ft. Sq.Ft.
Single-Family Dwelling;
Modular Home,Mftd.Home 7,500 7,500 50 ' 20' 6' 25' 35'
Two-family Dwelling 4,950 9,900 65' 20' 6' 25' 35'
Other Allowable Uses 7,500 50' 25' 10' 25' 35'
(g) Accessory Uses. Accessory uses and buildings permitted in the RMH District are buildings
and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the RMH District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the RMH District shall be in conformance with the
regulations set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the RMH District shall be in conformance with the
regulations set forth in article II of this chapter
(k) Appearance Standards. Single-family, two-family, modular and manufactured homes
within the RMH District shall conform to the following similarity exterior appearance standards:
(1) Each dwelling unit shall have a minimum width of twenty-two feet (22') at the
narrowest point of its first story.
(2) Each dwelling unit shall have a continuous and complete frost protected perimeter
foundation in compliance with the Uniform Building Code or regulations imposed
by the City of Brookings.
(3) Each dwelling unit or garage shall have an exterior wall covering of either:
a. Wood or masonry finish, or material which has a wood or masonry finished
appearance. The use of flat or corrugated sheet metal for the exterior walls is
prohibited.
b. Vertically or horizontally grooved siding or lap siding, or material which has a
vertically or horizontally grooved siding or lap siding appearance. The use of
flat or corrugated sheet metal for the exterior walls is prohibited.
(4) Each dwelling unit or garage shall have a roof structure with a minimum slope
corresponding to three inches (3") of vertical rise for each twelve inches (12") of
horizontal run. Roofing material shall consist of wood shingles, wood shakes,
asphalt shingles, fiberglass shingles, ceramic tile or concrete tile. Metallic roofing
surfaces shall not be permitted. Each dwelling unit or garage shall have a
minimum roof overhang of twelve inches (12") beyond each perimeter wall
measured horizontally from the vertical wall.
(5) The hitch, axles, and wheels shall be removed when the dwelling unit is installed
on a residential lot.
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City of Brookings
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(6) Each dwelling unit shall be oriented on the lot so that its long axis is parallel with
the street. A perpendicular or diagonal placement may be permitted if there is a
building addition which increases the narrow dimension so that it is no less than
75 percent of the unit's long dimension.
Sec. 94-130. RB-4 NEIGHBORHOOD BUSINESS DISTRICT
(a) 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 residential property values. No outdoor storage shall be permitted.
(b) Scope of 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 RB-4 Neighborhood
Business District.
(c) Permitted Uses. There are no permitted uses in the RB-4 district. See subsection (d) of this
section,permitted special uses.
(d) Permitted Special Uses. 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,personal health service, grocery store,pharmacy.
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, eatery, luncheonette
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
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. An on-premise pick-up and drop-off area shall be provided.
6. Boardinghouse
a. 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.
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City of Brookings
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(e) Conditional Uses.
1. Church
2. Gas dispensing station
(f) Density,Area,Yard and Height Regulations.
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 Uses 5,000 50' 20' **** 30' 35'
Residential Uses
Single-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 Units 14,000 105' 20' 0'or 7' 25' 35'
on non-
party wall
Apts.,Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 71*** 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 lots. Two thirds (2/3) of the landscaped area shall 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. 50%of the required landscaped area may be used for parking spaces in excess
of the minimum requirement. Parking lots shall be screened from single and two-family residential uses according to
Section 94-401.
**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.
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City of Brookings
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****A twenty foot(20')landscaped area shall be required between an abutting residential district boundary line and any
structure,access 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.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the RB-4 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the RB-4 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the RB-4 District shall be in conformance with the
regulations set forth in article II of this chapter
Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT
(a) 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.
(b) Scope of Regulations. 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.
(c) Permitted Uses.
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
10. Drinking Establishment
11. Telecommunications tower
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City of Brookings
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(d) Permitted Special Uses. 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.
(e) Conditional Uses.
1. Repair garage
2. Assembling and packaging
3. Apartments for the elderly
4. Broadcast Tower
(1) Density,Area,Yard and Height Regulations.
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 - - - -* 201* 50'
*A thirty foot(30') landscaped area shall be required between an abutting residential district boundary line and any
structure,access drive,parking lot or other accessory use.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the B-1 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the B-1 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the B-1 District shall be in conformance with the
regulations set forth in article II of this chapter
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City of Brookings
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Section 94-132. Business B-2 district
(a) Intent. This district is intended to provide a moderate variety of retail and personal services.
This district will include commercial uses whose retail operation and outdoor display of retail
merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage is
permitted.
(b) Scope of section 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 Business B-2 District.
(c)Permitted Uses. Permitted uses in the B-2 district are as follows:
1. All 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;
7. Community Center.
8. Seasonal roadside stand
9. Drinking establishment
10. Telecommunications tower
(d) Permitted Special Uses. A building or premises in the B-2 district may be used for the
following purposes in conformance with the conditions prescribed in this subsection:
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 constructed between the play area and
the street.
b. An off-street pick-up and drop-off area shall be provided.
3. Mixed business/residential use
a. Provisions of article II of this chapter shall govern all residential uses.
b. A site plan showing off-street parking for each use shall be submitted.
4. Citizen's drop-off for recyclables
a. Containers or bins shall be provided for all waste material
b. No container shall be located within 100 feet of a residential district
(e)Conditional Uses. Conditional uses in the B-2 district are as follows:
1. Wholesale trade
2. Automobile service station
3. Repair garage
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1994 Revised Zoning Ordinance
4. Assembling and packaging
5. Freight handling
6. Manufacturing,light
7. Domestic abuse shelter
8. Apartment
9. Small animal clinic
10. Church
11. Outdoor sales
(f)Density, area, yard and height regulations. The density, area, yard and height regulations in the
B-2 district 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 Uses 15,000 100' 25' -* 20'* 45'
Other Allowable
Uses 15,000 100' 25' 7** 20' 45'
*A forty foot(40') landscaped area shall be required between an abutting residential district boundary line and any
structure,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.
(g) Accessory Uses. Accessory uses and building permitted in the B-2 District are buildings and
uses customarily incidental to any of the permitted uses in the B-2 district.
(h) Parking Regulations. Parking, loading and stacking within the B-2 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i)Sign Regulations. Signs within the B-2 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-2 District shall be in conformance with the
regulations set forth in article II of this chapter.
Sec.94-133. BUSINESS B-2A OFFICE DISTRICT
(a) 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.
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(b) Scope of 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 Business B-2A Office
District.
(c)Permitted Uses.
1. Office
2. Personal Health Service
3. Funeral home or mortuary
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Broadcast station or studio
a. No broadcast towers allowed
2. Service Store or hair salon
a. Floor area shall not exceed 2,000 square feet
b. No tanning beds shall be allowed in conjunction with these uses
(e)Conditional Uses.
1. Home occupation
2. Mixed business/residential use
3. Financial institution
(f)Density,Area,Yard and Height Regulations.
The B-2A 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 - - 25' -* 20'* 35'
*A twenty-five foot(25')landscaped area shall be required between an abutting residential district boundary line and
any structure,access drive,parking lot or other accessory use.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the B-2A District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-2A District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter.
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(j) Other Regulations. Development within the B-2A District shall be in conformance with the
regulations set forth in article II of this chapter.
Sec.94-134. BUSINESS B-3 HEAVY DISTRICT.
(a)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 merchandise. Inventory and material storage shall be screened.
(b) Scope of 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 Business B-3 Heavy District.
(c)Permitted Uses.
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
16. Office
17. Seasonal roadside stand
18. Drinking Establishment
19. Telecommunications Towers
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. 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.
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b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot
below the minimum requirements.
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 trash receptacle shall be provided on-site.
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 drop-off for recyclables
a. 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. Motel
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or
suite.
10. Equipment rental store
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
11. Auction house
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
12. Semi-trailer storage
a. Storage shall not be permitted in the minimum front yard setback.
(e) Conditional Uses.
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
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10. Day care facility
11. Kennel
12. Truck and trailer rentals
13. Farm Implement Sales
(f)Density,Area,Yard and Height Regulations.
The B-3 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' -* 20'* 45'
*A fifty foot(50') landscaped area shall be required between an abutting residential district boundary line and any
structure,access drive,parking lot or other accessory use.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the B-3 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i)Sign Regulations. Signs within the B-3 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-3 District shall be in conformance with the
regulations set forth in article II of this chapter.
Sec. 94-135. BUSINESS B-4 HIGHWAY DISTRICT
(a) 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.
(b) Scope of 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 Business B-4 Highway
District.
(c)Permitted Uses.
1. Retail or service store
2. Gas dispensing station
3. Truck stop with truck wash
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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
13. Drinking Establishment
14. Seasonal roadside stand
15. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions
prescribed herein:
1. Reverse vending machine
a. A trash receptacle shall be provided on-site.
2. Outdoor sales
a. Used parts and other material storage shall be screened.
3. Utility trailer and truck rentals
a. An adequate pickup and drop-off area shall be maintained on the lot.
4. Citizen's drop-off for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
5. Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely enclosed building.
6. Lumberyard
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 requirements.
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. Motel
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or
suite.
9. Equipment rental store
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
10. Auction house
a. An on-premise pickup and drop-off area shall be provided
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b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
(e)Conditional Uses.
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
9. Farm Implement sales
(I)Density,Area,Yard and Height Regulations.
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 Uses 40,000* 200'** 50' 25'*** 30'*** 50'
*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')landscaped area shall be required between an abutting residential district boundary line and any
structure,access drive,parking lot or other accessory use.
(g)Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the B-4 District shall be in
conformance with the regulations set forth in division 4 article VI of this chapter.
(i) Sign Regulations. Signs within the B-4 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-4 District shall be in conformance with the
regulations set forth in article II of this chapter.
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Sec. 94-135.5. Business B-5 Planned Research and Business District
(a) Intent. This B-5 district is intended to provide for a mixture of offices,research facilities,
financial services, and other compatible and complementary uses in a research and business
park setting. This district will emphasize high quality developments by requiring additional
regulations for specific site plan elements such as landscaping,parking lots, screening,
fencing, lighting, storage and signage.
(b) Scope of section regulations. The regulations set forth in this section or set forth elsewhere
in this chapter,when referred to in this section, are the district regulations of the business B-
5 district.
(c) Permitted uses. Permitted uses in the B-5 district are as follows:
1. Office
2. Research and development facility
3. Financial Service
4. Medical/Dental Clinic and laboratory
5. Parking Facility
6. Wholesale Trade
(d)Permitted special uses. Permitted special uses in the B-5 District are as follows:
1. Day Care Facility
a. Any outdoors play area shall be surrounded by a perimeter fence not less than four
feet in height.
(e) Conditional uses. Conditional Uses in the B-5 District are as follows:
1. Assembling and Packaging
a. An emphasis shall be placed on landscaping around parking lots, loading areas
and storage areas.
b. Special attention shall be given to minimizing noise and glare.
c. The site area ratio to building area ratio shall not be less than 2:1.
2. Recreation Facility
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a. Activities that attract spectators shall provide adequate accommodations for
crowds that may attend such events.
b. Consideration shall be given to the noise and traffic generated and the hours of
operation of any outdoor activities.
3. Restaurant
(f) Density,area,yard and height regulations. The density, area,yard and height regulations in
the B-5 district are as follows:
Min.Lot Min.
Density Area Min.Lot Front Min.Side Min.Rear Max.
Sq.Ft. Sq.Ft. Width Yard* Yard Yard Height
All uses 40 feet 25 feet** 30 feet** 60 feet
* The yard abutting Interstate 29 shall be considered a front yard
**A 40 foot landscaped area shall be required between an abutting residential district boundary line and any
structure,access drive,parking lot or other accessory use.
(g) Accessory uses. Accessory uses and buildings permitted in the B-5 district are uses and
buildings customarily incidental to any of the permitted uses in the B-5 district with the
following restrictions:
1. In addition to the regulations in sections 94-365(b)1 and 94-394(b), accessory buildings
shall be consistent in color with the principal building
(h) Parking regulations. Parking, loading and stacking within the B-5 district shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign regulations. Signs within the B-5 district shall conform to regulations established in
division 5,article VI pertaining to the B-2 district.
(j) Other regulations. Development within the B-5 district shall be in conformance with the
regulations set forth in article II of this chapter.
(k) Site plan requirement:
(1) All proposed uses within the Business B-5 district shall be accompanied by a site plan.
The plan must conform to the following regulations before a building and use permit is
issued. The following data is required:
a. A"top-view"and elevation drawing of the size and location of all buildings,
structures,walls or other architectural features
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b. The location and number of on-premises parking spaces and all internal access
drives and vehicular circulation routes
c. The location and width of all ingress and egress points
d. The location and width of all off-street loading docks or service vehicle areas
e. The character,type and extent of landscape development
f. The location and size of areas designated for trash receptacles and outdoor storage
g. The location,height, and facing of all signs
h. The location of public sidewalks
(2) Additional site plan regulations are as follows:
a. All parking areas, access drives,vehicular circulation routes, loading and
unloading areas shall be hard-surfaced with concrete or asphalt.
b. Freight loading and unloading shall face a side or rear yard only.
c. Trash receptacles, outdoor storage or outside accumulation of any materials shall
be completely screened from view from adjacent properties or any right-of-way
and shall only be located in a side or rear yard.
d. Landscaped areas shall be developed in the front 20 feet of a front yard and 10
feet of a side or rear yard. Landscaped areas shall include shrubbery or trees. A
minimum of five trees per acre shall be required based on the total acreage of the
site. The requirements of Section 94-399 are also applicable and constitute
additional site plan requirements.
e. Fencing shall be constructed of permanent materials except that chain link fences
are prohibited.
f. Parking lot lights that are pole mounted shall be a fixed tenon mount parallel to
the ground incorporating a"shoebox" design where the light source does not
extend below the lens.
Sec.94-136 INDUSTRIAL I-1 LIGHT DISTRICT
(a) 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.
(b) Scope of 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 Industrial I-1 Light District.
(c)Permitted Uses.
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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
14. Semi-trailer storage
15. Farm Implement Sales
16. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. Day care facility
a. A four-foot (4') high transparent fence shall be constructed 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 prior to the
issuance of any permit
4. Citizens drop-off facility for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
5. Household hazardous waste site
a. Such uses shall be within a completely enclosed building.
b. The applicant shall comply with the provisions of all applicable laws and ordinances.
6. 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 prior to the
issuance of any permit.
7. Automobile storage yard
a. Impound area shall be surfaced with gravel, asphalt or concrete.
(e)Conditional Uses.
1. Kennel
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2. Broadcast Tower
(f)Density,Area,Yard and Height Regulations.
The I-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' 20'* 20'* 50'
*A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and any
structure,access drive,parking lot or other accessory use.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the I-1 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the I-1 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter
(g) Other Regulations. Development within the I-1 District shall be in conformance with the
regulations set forth in article II of this chapter
Secs.94-137—94-160.Reserved.
DIVISION 2. OVERLAY DISTRICTS
Sec.94-161. INDUSTRIAL I-1R RESTRICTED DISTRICT
(a) 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.
(b) Scope of 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 Industrial I-1R Restricted
District.
(c)Permitted Uses.
1. Assembling and packaging
2. Freight handling
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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. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
b. An off-street pick-up and drop-off area shall be provided.
(e)Conditional Uses. None
(f)Density,Area,Yard and Height Regulations.
(1) The I-1R district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Lot Area Width Yard Yard Yard
Coverage Sq.Ft.
All Uses 35%* - 60"*** 50'** 50'** 50'
*Buildings used solely for storage 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 use.
***The yard area abutting Interstate 29 shall be considered a rear yard.
(g) Accessory Uses. 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.
(h) Parking Regulations. Parking, loading and stacking within the I-1R District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the I-1R District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter.
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(j) Other Regulations. Development within the I-1R District shall be in conformance with the
regulations set forth in article II of this chapter.
(k)Site Plan Requirement.
(1) All proposed uses within the I-1 R industrial district shall be accompanied by a site plan. The
plan must conform 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:
a The size and location of all buildings, structures,walls or other architectural features.
b. The location and number of on-premise parking spaces and all internal access drives and
vehicular circulation routes.
c The location and width of all ingress and egress points.
d The location of all off-street loading docks.
e The character,type and extent of landscape development.
f The location and size of unenclosed, screened areas for storage of raw materials and
finished goods.
g The location,height and facing of all signs.
h The location of public sidewalks.
(2) Additional site plan regulations are as follows:
a All parking areas, access drives, vehicular circulation routes, loading and unloading areas
shall be hard surfaced.
b. Freight loading and unloading shall face a side or rear yard.
c. 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.
d. 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) trees per acre shall be required based on the total acreage of the site.
The requirements of Section 94-399 are also applicable and constitute additional site plan
requirements.
Sec. 94-162. INDUSTRIAL I-2 HEAVY DISTRICT. (This section belongs at the end of
division 1. It is not an overlay district)
(a)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.
(b) Scope of 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 Industrial I-2 Heavy District.
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(c)Permitted Uses.
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. Office
12. Contractors shop and storage yard
13. Motor vehicle repair shop
14. Semi-trailer storage
15. Farm Implement Sales
16. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. Day care facility
a. A four-foot (4') high transparent fence shall be constructed 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 prior to the
issuance of any permit
3. Citizens drop-off facility for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
4. Household hazardous waste site
a. Such uses shall be within a completely enclosed building.
b. The applicant shall comply with the provisions of all applicable laws and 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 prior to the
issuance of any permit.
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.
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(e) Conditional Uses.
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. Crematorium
14. Personal Health Services
15. Kennel
16. Broadcast Tower
(f)Density,Area,Yard and Height Regulations.
The I-2 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 - - 40' 20'* 20'* 50'
*A fifty foot(50') landscaped area shall be required between an abutting residential district boundary line and any
structure,access drive,parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the I-2 District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the 1-2 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the I-2 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the I-2 District shall be in conformance with the
regulations set forth in article II of this chapter.
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Sec. 94-163 PLANNED DEVELOPMENT DISTRICT
(a) Intent. It is the intent of this PDD planned development district to provide flexibility from
conventional zoning regulations with increased public review for Planned Development District
projects in order to:
(1) Encourage well-planned,efficient urban development.
(2) Allow a planned and coordinated mix of land uses which are compatible and harmonious,but
were previously discouraged by conventional zoning procedures.
(3) Encourage more creative, higher quality and more ecologically 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.
(4) 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.
(b) Scope of section provisions. The regulations set forth in this section are the district
regulations in the Planned Development District,hereafter sometimes referred to as "PDD".
(c) Compliance with the Master Plan. The development within the Planned Development
Districts (PDD) shall comply with the policies and design standards of the existing city Master
Plan. Said developments and adjacent projected developments shall be mutually compatible.
(d) PDD application. Zoning: Applications for a change of zoning to a Planned Development
District shall be subject to the requirements of Section 94-7.
(e) 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
Commission shall review the initial development plan and forward its recommendation, with or
without modifications, to the City Council. The following information shall be specified 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 information:
a. The proposed land uses including the number and type of proposed residential
buildings, the proposed number of dwelling units per building, the number and type of
any proposed nonresidential buildings, and their square footage.
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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.
c. 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.
d. Proposed design features illustrating compatibility with the surrounding environment
and neighborhood.
e. Anticipated sub-area development sequence.
(f) 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 applicable 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.
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, and 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.
(g) Amendments. 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:
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1. Major Amendments: The following changes are considered 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 considered 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 signs.
3. Minimal amendments: The following changes are considered 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.
(h) Procedure For Amendments. Amendments to the PDD shall be subject to the following
review procedures
1. Major amendments: Major amendments to the initial and/or final development plan shall
be required to be approved as an amendment to the Zoning Ordinance, requiring the
Planning Commission's review, the City Council's approval, and public notice in
accordance with Section 94-7.
2. Minor amendments: Minor amendments to the initial and/or final development plan shall
be required to be approved by the Planning Commission at a hearing for which notice has
been published in a locally circulated newspaper at least 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 a final development plan which is changed from
the approved initial development plan.
3. Minimal amendments: Minimal amendments to the final development plan shall be
submitted to the zoning officer on a reproducible development plan showing the requested
changes. The zoning officer may then approve said changes in writing if they deem it
appropriate.
Sec.94-164. BROOKINGS AIRPORT ZONING ORDINANCE
(a)Purpose and Authority.
(1) 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:
a The creation or establishment of an obstruction has the potential of being a public
nuisance and may injure the region served by Brookings Airport;
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b. 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
c. The prevention of these obstructions should be accomplished, to the extent legally
possible, by the exercise of the police power without compensation.
(2) 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.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Airport: The area designated and referred to in the Brookings Airport Zoning Map as the
Brookings Municipal Airport.
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.
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.
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 distance of four thousand
(4,000) feet.
Hazard to air navigation: An obstruction determined to have a substantial adverse effect
upon the safe and efficient utilization of the navigable airspace.
Height: The elevation based on mean sea level.
Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established
airport elevation,the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
Larger than utility runway: A runway that is constructed 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.
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.
Obstruction: Any structure, growth or other object, including a mobile object.
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 military 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.
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The elevation of any point on the primary surface is the same as the elevation of the nearest
point on the runway centerline.
Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its
length.
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.
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.
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.
(c)Airspace Obstruction Zones and Height Limitations.
(1) There are hereby created and established airspace zones which include all of the land lying
beneath the approach 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., Consulting
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:
a. 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
centerline is the continuation of the center line of the runway.
b. 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. The approach zone
expands outward uniformly to a width of two thousand (2,000) feet at a horizontal
distance five thousand (5,000) feet from the primary surface. Its centerline is the
continuation of the center line of the runway.
c. Runway larger than utility with a visibility minimum as low as three fourths (3/)
mile nonprecision instrument 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 zone 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 centerline is the continuation
of the centerline of the runway.
d. Transitional zone: The transitional zones are the areas beneath the transitional
surfaces.
e. Horizontal zone: The horizontal zone is established by swinging arcs 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 arcs by drawing
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lines tangent to those arcs. The horizontal zone does not include the approach and
transitional zones.
f. 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
distance of four thousand(4,000)feet.
(2) Except as otherwise provided in this ordinance, no structure shall be erected, altered or
maintained, and no tree shall be allowed to grow in any airspace zone created by 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:
a. 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
thousand(5,000) feet along the extended runway centerline.
b. Utility runway nonprecision instrument approach zone (designated as ultimate runway
18/36): 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 thousand(5,000)feet along the extended runway centerline.
c. Runway larger than utility with a visibility minimum as low as three fourths (3/) mile
non precision instrument 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.
d. 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.
e. 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.
f. Conical zone: Slopes twenty (20) feet outward for each foot upward beginning at the
periphery of the horizontal 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.
(d)Safety Zones.
(1) 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 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
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property in case of an accident, there are hereby created and established the following safety
zones:
a. Safety zone A: All land in that portion of the approach 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 (1/3) of the planned length of the runway, which distance
shall be:
1. One thousand eight hundred nine(1,809)feet for runway 12/30.
2. One thousand two hundred(1,200)feet for ultimate runway 18/36.
b. Safety zone B: All land in that portion of the approach 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(2/3) of the planned length of the runway,which length shall be:
1. Three thousand six hundred nineteen(3,619)feet for runway 12/30.
2. Two thousand four hundred(2,400)feet for ultimate runway 18/36.
c. Safety zone C: All that land which is enclosed within the perimeter of the horizontal
zone, as defined in subsection(c)(1)of this section,and is not included in safety zone A or
B.
(e) Land Use Restrictions. Subject at all times to the height restrictions set forth in subsection
(c)(2)of this section, 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 electronic 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 (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
designated 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 (V2) 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
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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.
3. Safety zone C: Safety zone C is subject only to height restrictions and to the general
restrictions.
Secs. 94-165—94-200.Reserved
ARTICLE V.CONDITIONAL USES
DIVISION 1. GENERALLY
Secs. 94-201—94-220. Reserved.
DIVISION 2.PERMIT
Sec. 94-221. Generally
The City Council may authorize by Conditional Use Permit the uses designated in this chapter
when located in a zoning district allowing such use. The City Council shall impose such conditions
as a part of the Conditional Use Permit as are appropriate 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 regulations of the zoning district in which the
use is located shall apply.
Sec. 94-222.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:
1. Legal description of the land upon which such conditional use is requested,together with
local street address
2. Name and address of each owner of the property
3. Name, address,phone number and signature of the applicant
4. Zoning district classification under which the property is regulated at the time of such
application
•
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5. Be accompanied with a site plan unless waived by the City Engineering Department
6. Any other information concerning the property as may be requested by the City
Engineering Department
Sec. 94-223 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 66 of this code.
Sec.94-224.Information on Site Plan.
(a) In addition to the following information,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. 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:
1. The address of the property and the legal description
2. The name of the project and/or business
3. The scale and north arrow
4. All existing and proposed buildings or additions
5. Dimensions of all buildings
6. Distance from all building lines to the property lines at the closest points
7. Building height and number of stories
8. Dimensions of all property lines
9. Parking lots or spaces;designate each space, give dimensions of the lot, stalls and aisles
10. Screening; show height, location and type of material to be used
11. The landscaped setback and trees; indicate species of trees and material to be used for
landscaping
12.Name and location of all adjacent streets,alleys,waterways and other public places
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(b) Approved plans shall not be changed, modified, or altered without authorization from the
City Council giving final approval, and all work shall be done in accordance with the approved
plans.
Sec. 94-225. Planning Commission Hearing.
(a) Setting of date. 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 66 of this code, 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 ten days in advance by publication in a legal newspaper
of the municipality, the date of the hearing and the time and place when and where all persons
interested shall be given an opportunity to be heard.
(b) Posting 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 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.
Sec. 94-226.Planning Commission Report.
The Planning Commission shall submit to the City Council a final report containing its
recommendations 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.
Sec. 94-227.City Council Hearing.
(a) Publication of time and place. The City Council 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 Manager or designee shall cause to be published, ten days 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.
(b) Posting 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
94-225(b) shall apply.
(c) Hearing. At public hearing on any application for a conditional use permit, the city council
shall review the decisions and recommendations of the planning commission of any application
coming before the city council as provided in this chapter. The city council, 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.
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Sec. 94-228. Amendments
Amendments shall be processed in the same manner as a Conditional Use Permit is processed.
Sec. 94-229.Expiration.
A Conditional Use Permit shall expire one(1)year from the date upon which it becomes effective if
no significant work has commenced.
Sec.94-230.Preexisting Uses.
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.
Sec.94-231.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 Council 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.
Secs. 94-232—94-250. Reserved.
DIVISION 3. STANDARDS
Sec. 94-251. Generally
Any conditional use approved by the Planning Commission or City Council 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
Council 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.
Sec. 94-252.Agriculture:
Agricultural uses in a residential zone shall be limited to the growing and cultivation of crops. No
equipment shall be stored on the premises.
Sec. 94-253. Airport
Airports shall be sited with consideration to all potential obstructions existing in the surrounding
area. Consideration shall also be given to future land use patterns within all approach zones.
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Sec. 94-254. Animal Hospital
This use shall not be located in an area where it could have a negative impact on adjacent properties
due to its size, noise or the traffic generated from such use. The parking area shall be designed to
have a minimal impact on the surrounding residential properties.
Sec. 94-255.Apartment
(a) Generally. 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 residential properties.
(b) For elderly. Special attention shall be given to the size and proximity of a parking area
devoted to such uses in the Central Business District.
Sec. 94-256 Assembling/Packaging 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 division 4 of article VI of this chapter 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.
Sec.94-257 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. All applicable laws and ordinances shall be complied with.
Sec. 94-258. Bed and Breakfast Establishment:
Bed and breakfast establishments shall comply with the following conditions:
(1) They shall be limited to an accessory use within a single-family dwelling. Preference will
be given to buildings with historic or other unique characteristics.
(2) They shall be registered with the South Dakota Department of Health,maintain a guest list
and provide a smoke detector in each sleeping room.
(3) A site plan shall be submitted including the interior layout of the building and exterior
design of the premises.
(4) Not more than two (2)guest rooms shall be used for such purposes
(5) Off-street parking areas for guests shall be located so as to have a minimal impact on
adjacent residential property.
(6) Signs shall be non-illuminated with a maximum area of three (3) square feet, a maximum
height of four(4) feet, and a setback from any lot line of six(6)feet.
(7) Meals shall be limited to a breakfast or a brunch. Meals shall be prepared in the owner's
kitchen and served only to overnight registered guests. Cooking in any guest room is
prohibited.
(8) The length of stay of any registered guest shall not exceed fourteen (14) days during any
one hundred twenty(120)day consecutive period.
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Sec. 94-259. 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 traffic 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.
Sec. 94-260. 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.
Sec. 94-260.5 Broadcast Tower.
Location of the tower shall be done with consideration for public safety in the event that the
tower would fall and to minimize adverse visual impact of broadcast towers through careful
design, siting, and screening. Care should be taken to avoid interference with any similar
broadcast use and in no event shall such tower be located in any airport flight path. The tower
shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
Sec. 94-261. Buy Back Center for Recyclables:
Such facilities shall consist of a completely enclosed structure. A list of the types of recyclable
material to be collected shall be approved by the Deputy Health Officer.
Sec. 94-262. Campgrounds.
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:
1. Each campsite shall contain at least 2,000 square feet.
2. 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.
3. Front, side and rear yards of fifty(50)feet shall be maintained on the campground.
4. 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.
5. 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.
6. Campsites shall be used by the same persons as temporary/seasonal stays only and no stay
shall exceed sixty(60)days in any one calendar year.
7. No mobile homes/manufactured homes shall be located in any campground, except that
one shall be permitted as an office for the campground.
8. 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.
Sec. 94-263. Cemetery:
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This use shall have a minimum of 40 acres. An adequate road system with parking for mourners
shall be provided. Scattering areas or gardens shall be established within the interior of the
cemetery.
Sec. 94-264. 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.
Sec. 94-265. Condominium:
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.
Sec. 94-266. Contractor 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.
Sec. 94-267. Crematorium:
This use shall include an adjacent holding facility but not a scattering area or garden. All applicants
shall comply with all applicable environmental standards.
Sec. 94-269.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.
Sec.94-269.Distillation of Products:
(a) Facilities for distillation of products and grain terminals shall be located in a manner which
minimizes the impact of odors from the plant on residential and recreation areas in the city.
These facilities should be located in areas where traffic to and from the site would not
travel on residential streets.
(b) This section also applies to:
(1) The manufacture of acid, cement, lime, gypsum, plaster of Paris, asphalt, fertilizer, glue,
sizing,paper,paint,turpentine,yeast,oils,alcohol,bleach or ammonia.
(2) Processing of grains, forage,toxic material,hides or furs.
(3) Refining of fats,grease, lard,tallow or petroleum.
(4) Smelting.
Sec. 94-270.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.
Sec. 94-270.5. Farm Implement Sales.
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These uses shall take special care to present an uncluttered appearance,allowing for the attractive
display of machinery that is for sale, while discouraging the outside storage of any equipment,
parts or materials. Inoperable machinery kept only for parts sales shall be located on the interior
of the lot or screened from adjacent properties or a public right-of-way.
Sec. 94-271.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.
Sec.94-272.Financial Institution:
Such uses shall locate any drive-up service window device in such a manner as to minimize its
impact on adjacent properties.
Sec. 94-273. Floodway Structure:
Such structures shall be located so as not to have a negative impact upon adjacent property.
Sec. 94-274. Fraternity/Sorority houses:
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
regulated according to Section 94-400, hard-surfaced parking, and Section 94-401, screened
parking.
Sec.94-275.Freight Handling:
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.
Sec. 94-276. 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 all applicable laws and ordinances.
Sec. 94-277. 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.
Sec. 94-278.Home Occupation,Major:
Major home occupations shall be in complete conformance with Section 94-362.
Sec. 94-279.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.
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Sec.94-280.Household Hazardous Waste Site:
Such uses shall be within a completely enclosed building. The applicant shall comply with the
provisions of all applicable laws and ordinances.
Sec. 94-281. Junkyard:
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.
Sec. 94-282.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.
Sec. 94-283. Light Processing 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.
Sec. 94-284. Manufacture or Storage of Explosives:
These uses shall be located in such a manner so as not to present a hazard to adjacent 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.
Sec. 94-285. Manufacturing(light):
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 division 4 of article VI shall be adhered to and submitted prior to approval.
Sec. 94-286.Mixed Business/Residential Uses:
Such business uses shall be only those uses permitted in the respective zoning district. Provisions
set forth in Section94-41 shall govern all residential uses.
Sec. 94-287. Mobile Home/Manufactured Home Park:
This use shall be located in areas where it would be compatible with adjacent uses. Consideration
should be given to recreation area, storm shelters and landscaping. In addition,the park shall be in
conformance with Section 94-364.
Sec. 94-288. Non-municipal Library, Museum, Art Galley, Community Center and Private Club
and Lodge:
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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.
Sec. 94-289. Off-street Parking,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 contain the number of spaces and length of
time such spaces are reserved.
Sec. 94-290. 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. Consideration 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.
Sec. 94-290.5. Outdoor Sales.
Such uses shall be located or arranged in a manner that will display larger vehicles away from a
residential district boundary line or by location toward the interior of the display lot. Larger
vehicles shall not prohibit or disrupt traffic flow within or through the display lot.
Sec. 94-291. Personal Health Services:
These uses shall be located in areas where access to the facility is safe and convenient.
Consideration shall be given to siting these uses away from facilities which generate large
quantities of smoke,dust,noise or heavy truck traffic.(Ord. 30-00, 11/27100)
Sec. 94-292. 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.
Sec. 94-293.Quarry:
This use shall be located where blasting, noise, dust or heavy truck traffic will not have a negative
impact on adjacent uses. Storage, stockpiling and processing shall be located on the interior portion
of the site.
Sec. 94-294.Recreation Facilities:
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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Sec. 94-295.Rendering facilities:
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 laws and ordinances.
Sec. 94-296. Repair Garage:
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 properties.
Sec. 94-297.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.
Sec. 94-298. Small Animal Clinic:
Such use shall provide an area, sufficient in size and screened from view from adjacent uses, for
the walking of patients. The use shall be of a design and scale which would not be detrimental to
adjacent residential properties.
Sec. 94-299. Stable(private or riding):
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.
Sec. 94-300. Stockyard/Slaughtering 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 laws and ordinances.
Sec. 94-301. 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.
Sec. 94-302. Townhouse:
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.
Sec. 94-303. 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.
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Sec. 94-303.5. Truck and Trailer Rentals.
Display or storage shall be generally on the interior or rear of the lot. The land area shall be
sufficient enough to avoid backing maneuvers into the public right-of-way.
Sec. 94-304. Two-Family Dwelling:
Such uses shall have one frontage abutting on an arterial or collector street.
Sec. 94-305.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.
Sec. 94-306.Wholesale Trade:
Such uses shall have no outdoor display or outdoor storage of goods or materials.
Secs.94-307—94-340.Reserved.
ARTICLE VI.SUPPLEMENTAL REGULATIONS
DIVISION 1. GENERALLY
Sec. 94-341. LARGE SCALE RESIDENTIAL DEVELOPMENT
(a) Intent. These regulations are intended to allow flexibility within the subdivision and zoning
regulations when a Large Scale Residential Development(LSRD)is proposed.
(b) Scope. The regulations set forth in this section supplement the subdivision and zoning
regulations pertaining to residential zoning districts.
(c) Application Procedure. An LSRD 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. The Planning
Commission shall review the proposed development plan in accordance with the standards set
forth in the Subdivision and Zoning regulations. The Planning Commission shall forward their
recommendation to the City Council who may approve or disapprove the action of the Planning
Commission,with or without modification.
(d) General Regulations. An LSRD may be proposed in any residential zoning district and shall
be subject to the following regulations:
(1) The development shall have a minimum of twenty(20) acres.
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(2) The rules, regulations and standards guiding land subdivision in the city may be modified.
All proposed variances to such requirements shall be included as explanatory matter on a
development plan.
(3) Provisions in this chapter regulating land use within the city may be modified as follows:
a. Density requirements shall be computed using lot areas, open space and neighborhood
parkland. Land set aside for churches, schools and similar uses will not be included.
b. Lot area and frontage minimums for each lot shall be stated on the development plan.
c. 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.
(4) 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.
SEC.94-342. ADDITIONAL HEIGHT REGULATIONS
(a) Scope of Regulations. The regulations set forth in this section supplement the district
regulations appearing elsewhere in this chapter.
(b) 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. Exceptions are as follows:
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.
SEC.94-343.ACCESS DRIVES
(a) Business and Industrial Districts. The following regulations shall apply to all lots in the
business and industrial districts.
1. Arterial Streets
a. Number of access drives
1. Interior lots with one frontage - One access drive shall be permitted onto any
street that the lot or block abuts and two access drives shall be permitted for
lots with 200 feet or more of frontage width.
2. Corner lots with two or more frontages - Access to an arterial street shall be
limited to one access drive if reasonable access is available from a street with
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a lower functional classification. Access, from that street, shall be limited to
one access drive for frontages of 150 feet or less and two access drives for
frontages over 150 feet. If both streets are of the same classification, access
shall be determined by the city engineer based on criteria established in the
Engineering Design Standards.
b. Location of access drives-The location point for an access drive shall be either the
back of curb or pavement edge
1. Access drives may be placed up to the side lot line for interior lots. Shared
access is encouraged whenever possible and may be required in some cases to
minimize the total number of access points and facilitate traffic flow.
2. Access drives shall be no closer than 100 feet from a corner for a major
arterial street and 80 feet for a minor arterial street. This measurement shall
be taken from the intersection of property lines at the corner. When these
requirements cannot be met due to a lack of frontage, the access drive may be
located such that the radius or flare will begin at the farthest property line.
c. Width and flare of access drives-The width of an access drive shall be measured
between the face of the curbs or pavement width and at the property line.
1. Access drives designed exclusively for ingress or egress shall not be less than
16 feet wide.
2. Access drives designed for both ingress and egress shall not be less than 24
feet wide.
3. Access drives shall have a maximum width of 30 feet.
4. The width of a shared access shall be determined by the city engineer subject to
criteria in the Engineering Design Standards.
5. Gas dispensing stations, operations involving routine semi-trailer traffic and
similar uses may install access drives up to forty feet(40')in width.
6. The maximum permitted flare or radius on each side of an access drive shall
not exceed 8 feet at the curb
d. Surfacing-Access drives from the street or curb to the property line shall be surfaced
with asphalt or concrete.
2. Collector Streets
a. Number of access drives
1. Interior lots with one frontage - One access drive shall be permitted onto any
street that the lot or block abuts and two access drives shall be permitted for
lots with 150 feet or more of frontage width.
2. Corner lots with two or more frontages - Access to a collector street shall be
limited to one access drive for frontages of 150 feet or less and two access
drives for frontages over 150 feet. If both streets are of the same
classification, access shall be determined by the city engineer based on criteria
established in the Engineering Design Standards.
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b. Location of access drives - The location point for an access drive shall be either the
back of curb or pavement edge
1. Access drives may be placed up to the side lot line for interior lots. Shared
access is encouraged whenever possible and may be required in some cases to
minimize the total number of access points and facilitate traffic flow.
2. Access drives shall be no closer than 60 feet from a corner for a major
collector street and 40 feet for a minor collector street. This measurement
shall be taken from the intersection of property lines at the corner. When
these requirements cannot be met due to a lack of frontage, the access drive
may be located such that the radius or flare will begin at the farthest property
line.
c. Width and flare of access drives-The width of an access drive shall be measured
between the face of the curbs or pavement width and at the property line.
1. Access drives designed exclusively for ingress or egress shall not be less than
16 feet wide.
2. Access drives designed for both ingress and egress shall not be less than 24
feet wide.
3. Access drives shall have a maximum width of 30 feet.
4. The width of a shared access shall be determined by the city engineer subject to
criteria in the Engineering Design Standards.
5. Gas dispensing stations, operations involving routine semi-trailer traffic and
similar uses may install access drives up to forty feet(40')in width.
6. The maximum permitted flare or radius on each side of an access drive shall
not exceed 8 feet at the curb
d. Surfacing-Access drives from the street or curb to the property line shall be surfaced
with asphalt or concrete.
3. Local Streets
a. Number of access drives
1. Interior lots with one frontage - One access drive shall be permitted onto any
local street that the lot or block abuts and two access drives shall be permitted
for lots with 150 feet or more of frontage width.
2. Corner lots with two or more frontages - One access drive shall be permitted
onto any local street that the lot or block abuts. One additional access drive
per frontage may be allowed by the city engineer subject to criteria in the
Engineering Design Standards.
b. Location of access drives - The location point for an access drive shall be either the
back of curb or pavement edge
1. Access drives may be placed up to the side lot line for interior lots. Shared
access is encouraged whenever possible and may be required in some cases to
minimize the total number of access points and facilitate traffic flow.
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2. Access drives shall be no closer than 40 feet from a corner. This measurement
shall be taken from the intersection of property lines at the corner. When
these requirements cannot be met due to a lack of frontage, the access drive
may be located such that the radius or flare will begin at the farthest property
line.
c. Width and flare of access drives-The width of an access drive shall be measured
between the face of the curbs or pavement width and at the property line.
1. Access drives designed exclusively for ingress or egress shall not be less than
16 feet wide.
2. Access drives designed for both ingress and egress shall not be less than 24
feet wide.
3. Access drives shall have a maximum width of 30 feet.
4. The width of a shared access shall be determined by the city engineer subject to
criteria in the Engineering Design Standards.
5. Gas dispensing stations, operations involving routine semi-trailer traffic and
similar uses may install access drives up to forty feet(40')in width.
6. The maximum permitted flare or radius on each side of an access drive shall
not exceed 8 feet at the curb
d. Surfacing-Access drives from the street or curb to the property line shall be surfaced
with asphalt or concrete.
(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. Exceptions are as follows:
a. An apartment building or apartment complex,church,retirement or nursing home,
or other assembly use on a lot or block with one hundred fifty (150) feet or more
of frontage on any collector or local street may install one (1) additional access
drive. One additional access drive onto an arterial street may be allowed by the
city engineer subject to criteria in the Engineering Design Standards.
b. Two-family dwellings and apartments may have one access drive for each
attached garage where said garages are abutting a common wall, integrated into
each unit or attached to opposite ends of the building.
c. Schools: The number of access drives shall be determined by the city engineer
subject to criteria in the Engineering Design Standards and following site plan
review.
2. The curb cut width may not exceed the allowable access drive width. One flare on each
side of the access drive shall be permitted and shall not exceed four feet(4')along the curb
line. The flare length for access drives leading to school bus loading and unloading zones
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shall be determined by the city engineer subject to criteria in the Engineering Design
Standards.
3. An access drive 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-four
feet(24')wide,the access drive may be up to twenty-four feet(24') in width.
4. The width of a driveway, which leads directly to and accesses a garage,may be the same
width as the garage. Exceptions are as follows:
a. Driveways shall not exceed thirty-six feet(36')in width within the front yard
setback area.
b. Driveways may be extended into the front yard area between the driveway and
nearest side lot line a distance not exceeding twelve feet(12') for garages that
have doors facing the street.
c. Where no garage exists, the driveway may be up to twenty-four feet(24')in width
5. On corner lots, access drives shall not be installed within twenty feet (20') 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.
7. Access drives from the street to the sidewalk shall be surfaced with asphalt or concrete.
Secs.94-344—94-360.Reserved.
DIVISION 2. USE REGULATIONS
The regulations set forth in this section supplement the district regulations appearing elsewhere in
this chapter.
Sec. 94-362.Home Occupations.
(a) Permit required; permit objective. The City of Brookings recognizes the need for some
citizens to use their place of residence for limited nonresidential activities. However, the City
believes that the need to protect the integrity of its residential districts is the primary concern. A
Zoning and Use Registration Permit and a Conditional Use Permit are the methods used to allow
and regulate nonresidential activity within a residential district. The objective of these permits is
to allow a limited commercial type activity in a residential district only to an extent that neighbors
or passersby will not be aware of the activity by any outward appearance or may be aware of the
occupation by the existence of a sign or additional traffic. It is therefore necessary to categorize
home occupations as minor home occupations and major home occupations.
(b) Minor home occupation. A minor home occupation shall be allowed upon a premises
provided the occupation complies with the following:
1. The occupation shall be conducted entirely within the principal building. No occupation,
storage of goods,materials or products shall be allowed in any accessory building.
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2. The occupation is clearly incidental and secondary to the principal use of the dwelling unit
for residential purposes.
3. The occupation shall not occupy more than five hundred (500) square feet of the gross
floor area of one story.
4. Only residents of the dwelling unit shall be employed or participate in the home
occupation.
5. Signs shall not be permitted.
6. There shall be no exterior display, exterior storage or other exterior indication of the home
occupation.
7. No occupation shall require internal alterations or involve construction features not
customary in a dwelling unit. External alterations intended to create a separate entrance or
other feature exclusively for the business are prohibited.
8. Mechanical equipment which is not customarily or ordinarily used for household or hobby
purposes is prohibited.
9. Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted
materials are prohibited.
10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or
vibration detectable to the normal senses off the property and any equipment or process
which creates visible or audible interference in radio or television receivers shall be
prohibited.
11. The occupation shall not generate additional pedestrian or vehicular traffic (beyond that
normal to the district in which it is located) nor additional vehicular parking in the
neighborhood.
12.No on-site sales of merchandise shall be allowed nor shall on-site training promotions be
permitted.
(c) Permitted minor home occupations; enumeration. Permitted minor home occupations
include,but are not necessarily limited to,the following:
1. Artist/artisan
2. Professional office (author, architectural, consulting, word processing, computer
programming, drafting, graphics, engineering, investment, insurance, interior design, real
estate,ministerial,contracting, secretarial)
3. Specialty bakery/catering service
4. Handicrafts
5. Individual tutoring
6. Individual musical instruction with no amplification
7. Telephone answering
8. Mail order
9. Special occasion service
10. Coin collection
11. Sales consultant(Amway, Shaklee,Avon, Mary Kay, Tupperware)
(d) Permit Procedure for minor home occupation.. Application for a minor home occupation use
shall be made to the Zoning Officer on a form provided by the city. The application shall be
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evaluated using the criteria established for a minor home occupation which shall be considered
minimum conditions for approval. A site plan and/or site inspection may also be required prior
to determining conformance and issuance of the permit. Upon conformance and the payment of
any applicable fees required in chapter 66 of this code, a Zoning and Use Registration Permit will
be issued. In cases where the Zoning Officer considers the application not within the scope of the
minor home occupation criteria, the application will be denied or resubmitted for a Conditional
Use Permit. All permits granted shall be subject to the requirements of section 94-50.
(e) Major Home Occupation. A major home occupation shall be allowed upon a premises
provided the occupation complies with the following:
1. The occupation shall be conducted entirely within the principal or accessory building
2. The occupation is clearly incidental and secondary to the principal use of the dwelling unit
for residential purposes.
3. The occupation shall not occupy more than fifty(50) percent of the gross floor area of one
story.
4. Residents of the dwelling unit and one non-resident may be employed or participate in the
home occupation.
5. Signs shall be permitted according to the regulations for residential signs in the sign
ordinance.
6. There shall be no exterior display, exterior storage or other exterior indication of the home
occupation except for a sign.
7. No occupation shall require substantial internal or external alterations or involve
construction features not customary in a dwelling unit.
8. Limited quantities of goods, products or materials associated with the home occupation
shall be permitted to be stored on the premises. Storage within a garage shall not displace
parking spaces required by this ordinance.
9. Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted
materials are prohibited.
10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or
vibration detectable to the normal senses off the property and any equipment or process
which creates visible or audible interference in radio or television receivers shall be
prohibited.
11. Two on-premise parking spaces, in addition to those required for the dwelling unit, shall
be provided for the home occupation.
12. There shall not be conducted on the premises the business of selling stocks of
merchandise, supplies or products provided that limited retail sales directly related to the
home occupation may be sold to clients.
13.No more than one home occupation shall be permitted within any single-family dwelling.
14. Major home occupations that attract customers, clients or other individuals to the premises
for sales or services shall not be allowed in an apartment building.
(f) Enumeration of permitted major home occupations. Permitted major home occupations
include,but are not necessarily limited to,the following:
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1. Barbershop or beauty shop (single chair)
2. Tailor or seamstress
3. Electrolysis
4. Blade sharpening
5. Gunsmithing
6. Portrait studio
7. Landscape maintenance
8. Individual counseling
9. Upholstery
10. Appliance repair
11. Electronic repair
12. Woodworking
(g) Permit procedure for major home occupations. Application for a major home occupation use
shall be made to the Zoning Officer on a form provided by the city. The application shall be
evaluated using the criteria established for a major home occupation and shall be subject to
the requirements of article V of this chapter.
(h) Garage, yard and rummage sales. Garage, yard and rummage sales are permitted without a
permit provided they meet the following standards:
1. Sales shall last no longer than three(3) days.
2. Sales shall be held no more than twice yearly.
3. Sales are conducted on the owner's property or one of the owner's property in case of a
multi-party sale.
Sec.94-363.Quarrying/Material Extraction.
Sand, gravel and construction aggregate mining shall be regulated by South Dakota Codified Laws
Title 45. Licensed operators shall provide a copy of the reclamation plan to the City.
Sec.94-364. Mobile Homes/Manufactured Housing and parks.
(a)Housing. Regulations regarding mobile homes/manufactured housing are set forth as
follows: A mobile home/manufactured home located upon an individual lot that is not part of
a recognized mobile home park shall be set on footings and foundations as specified by the
City Engineer's Office.
(b)Parks. Regulations regarding mobile home/manufactured housing parks shall meet the
following minimum standards:
(1) Perimeter Park Boundary: 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 boundaries.
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(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 5,500 square feet
a. Front yard - There shall be a front yard on each internal street to which the lot abuts.
The minimum front yard setback shall be not less than fifteen feet(15') for the principal
building and twenty feet (20') for an accessory building. The distance shall be
measured from the wall of the structure to the edge of the street surface or curb at the
closest point.
b. Side yard: An addition, or attached garage shall not be less than 15 feet from an
adjacent home, addition or attached garage. An accessory building that is more than 10
feet from the principal building or additions thereto may be 10 feet from an adjacent
home, addition or attached garage. An accessory building that is more than 10 feet
from the principal building or additions thereto may be 6 feet from an adjacent
accessory building.
c. Rear yard: A principal building or additions thereto shall not be less than twenty feet
(20') from an adjacent home, additions or attached garage. An accessory building that
is more than 10 feet from the principal building or additions thereto may be 10 feet
from an adjacent home, addition or attached garage. An accessory building that is
more than 10 feet from the principal building or additions thereto may be 6 feet from
an adjacent accessory building.
(4) Density: No park shall be permitted to have a density of more than seven (7) 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.
(6). Park Design. The location, size and number of lots, streets and driveways associated with a
park shall be consistent with plans on file in the city engineer's department. A master site
plan shall be required and shall be adhered to unless expressly modified through procedures
established by the city.
(7) Recreational Vehicles
a. Recreational vehicles shall only be placed on established lots or new lots meeting the
minimum area and setback requirements of this ordinance.
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b. A Zoning and Use Registration Permit shall be required stating the term of occupancy.
Such term shall not exceed 210 days in any calendar year.
(c) Parks established prior to May 24, 1994. Regulations regarding mobile home/manufactured
housing parks established prior to May 24, 1994 shall be as follows:
1. Perimeter park boundaries: The park shall have a perimeter landscaped area between a
right-of-way line and any principal or accessory building, entryway, deck or private street
equal to the front yard setback of the district in which it is located. Other perimeter park
boundaries shall have a minimum setback of 7 feet for any principal building and 3 feet
for any accessory building.
2. Streets: private roadways within a park shall have an asphalt, concrete or gravel surface
and shall have a minimum clear surface width of 24 feet. Streets may be required to be
physically defined or marked within the court. All parks and private streets shall have
unobstructed access to a public street.
3. Park Design: The location, size and number of lots, streets and driveways associated with
a park shall be consistent with plans on file in the city engineer's department. A master
site plan shall be required and shall be adhered to unless expressly modified through
procedures established by the city.
a. Lot area. Each lot provided for the occupancy of a single mobile home/manufactured
housing unit shall not be reduced in size. Exception: A lot may be reduced in size to
5,500 square feet provided all setbacks are met.
b. Spacing .
1. A mobile home/manufactured housing unit shall not be less than 15' from any other
mobile home/manufactured housing unit measured at the closest point.
2. An entryway, deck or other structure attached to or abutting a mobile
home/manufactured home shall not be less than 8' from any other home.
3. An accessory building or other detached structure shall not be less than 3 feet from a
mobile home on the same lot and not less than 6 feet from a home on an adjacent lot.
c. Expansion. Parks may be enlarged provided the expansion complies with the
regulations set forth in section 94-364.
d. Density. An increase in density regarding the number of lots or homes within a park
shall require prior approval by the city.
e. Parking. Parking shall be permitted anywhere in the park except within a 25' front
yard setback along any right-of-way.
f. Master Site Plan. All site plans shall be top view plans which contain the following:
1. Design and layout of all lots
2. Location of all access drives
3. Width and layout of all internal streets
4. All designated parking areas
5. All accessory buildings, service facilities and playgrounds provided by the park
owner.
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Sec. 94-365. Accessory Buildings and Uses.
(a). In the A, R-1, R-1A, R-1B, R-2, R-3, R-3A, RMH and RB-4 districts, 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 accessory buildings
shall be used unless the principal building on the lot is also being used. Accessory
buildings shall not be permitted in conjunction with off-site, off-street parking.
6. The total square footage of all accessory buildings on a lot used for residential purposes in
the R-1A, R-1B, R-2, RMH, R-3, R-3A and RB-4 districts shall not exceed 25 percent of
the rear yard area or 1,000 square feet whichever is less. Exceptions are as follows:
a. Lots with apartment buildings,townhouses, condominiums and similar uses.
b For the purposes of calculating the rear yard area for a corner lot, the portion of the
secondary front yard abutting the rear yard shall be included in the rear yard area.
c. For the purposes of calculating the rear yard area for double frontage lots or lots with
more than two frontages,the rear yard area shall be opposite the assigned street address.
(b) In the B-2, B-2A, B-3, B-4, I-1 and I-2 districts, accessory buildings 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.
Sec.94-366.Fuel Dispensing and Vehicle Repair Operations.
(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.
Secs. 94-367—94-390.Reserved.
DIVISION 3. YARD REQUIREMENTS
Sec.94-391. Scope of division regulations.
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The regulations set forth in this section supplement the district regulations appearing
elsewhere in this chapter.
Sec. 94-392.More Than One Main Building.
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.
Sec.94-393.Unit Group of Buildings.
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.
Sec. 94-394.Accessory Building Location.
(a) An accessory building located upon a residential lot shall not be within three feet(3') of any
side or rear lot line.
Exception:
(1) An accessory building that is located within ten feet (10') 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.
(b) An accessory building located upon a business or industrial lot shall not be within five feet
(5') of any side or rear lot line. An accessory building shall maintain a front yard setback
equal to or greater than the setback of the principal building.
(c) An accessory building located in front of a dwelling shall have a sidewall height measured
from the floor to the top of the top plate no greater than eight feet (8') and the highest point
of the roof measured from the floor to the roof peak no higher than fifteen feet(15').
Sec. 94-395. Projection of Porches,Decks and Platforms.
Open,unenclosed porches,decks and platforms may project into a required yard area as follows:
(1) Porches, decks and platforms exceeding thirty inches(30")in height shall not project into any
required yard area. Exception: Landings for doors may extend into any required yard area a
maximum of forty-eight inches (48").
(2) 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.
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(3) 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").
Sec.94-396 Wireless Communication Facilities
The purpose of this section is to establish regulations and performance standards for the siting of
Wireless Communication Facilities (WCFs) in a manner that will protect the public's health,
safety, and welfare and maintain the aesthetic integrity of the community.
(1)Permit required: An application for a building permit is required prior to the construction of any
WCF. Compliance with all applicable building codes, Federal Aviation Administration
Regulations and Section 94-164 shall be achieved before a permit will be issued.
(2)Definitions: The following definitions shall apply:
Amateur Radio Operator Tower: A structure used for the transmission, broadcast or
reception of amateur radio or citizen band signals.
Antenna: Any device that radiates or captures electromagnetic wave signals including
digital and analog voice and data signals or video or microwave signals.
Antenna Support Structure: An existing building or structure such as, but not limited to,
utility poles, signs, elevated water tanks and steeples that supports wireless
communications facilities.
Broadcast Tower: A structure for the transmission of radio or television broadcast
communications. This term does not include offices or studios.
Co-Location/Site Sharing: Use of an antenna support structure or telecommunications
tower by two or more wireless license holders or by one wireless license holder for more
than one type of communication. This includes the placement of a WCF on a structure
owned and operated by a public utility.
Equipment Facility: A structure used to contain ancillary equipment for a WCF such as
cables,wires, lines, cabinets,pedestals and similar devices.
Height: The distance measured from the original grade to the highest point on the WCF,
including the antenna(s).
Stealth: The ability of freestanding telecommunication towers to blend into the
neighborhood environment at a given location and the ability to camouflage or conceal the
presence of wireless communication facilities when attached to antenna support structures.
Telecommunications Tower: A self-supporting structure designed and constructed
specifically to support antenna(s) and may include a lattice, guyed-lattice, monopole or
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similar structure. This term does not include towers attached to existing buildings or
structures.
Temporary WCF: A WCF that is placed in service for less than 180 days.
Wireless Communications Facilities: Any cables, wires, lines, antennas, antenna arrays,
shelters, towers or other equipment associated with the transmission or reception of
telecommunication signals.
(3) Siting and Co-location Criteria: The siting and co-location of all WCFs shall be subject to the
following criteria before consideration will be given to a new site:
a. WCFs shall be located on existing antenna support structures such as utility poles, signs,
elevated water tanks,buildings and other WCFs; or
b. WCFs shall co-locate or site share on existing telecommunication towers;or
c. WCFs shall consider the use of public property and structures.
d. If an applicant has shown a good faith effort to co-locate but has found it to be infeasible,
a written statement indicating the reasons why the project is not feasible shall be
provided.
(4) Application requirements: The following information is required prior to the siting of all
WCFs. Installing antenna(s)on existing WCFs and amateur radio operator towers are exempt
from these requirements.
a. A map, drawn to scale, showing the subject property and all properties within one and
one-half (1.5) times the height of the proposed tower and the location of all existing
buildings and structures and the exact location of the tower.
b. Written documentation under a licensed engineer's stamp verifying the need for a guyed-
lattice tower when no other means of antenna support structure is available due to
technical, engineering constraints.
(5) Development Standards
a. Location and setback.
1. Antenna: Antenna(s) that are attached to support structures are exempt from the
setback requirements in the district in which they are located. The antenna(s)
may extend up to five (5) feet horizontally beyond the edge of the support
structure provided it does not encroach over the property line.
2. Telecommunication Towers: Telecommunication towers shall meet the setback
requirements for the district in which they are located. They shall also be
constructed on a lot so that they are as far away as possible from existing off-site
buildings and in no event nearer to any residential building than a distance of one
hundred percent of the height of the tower. A telecommunications tower shall
not be closer to a residential district boundary line than one hundred percent of its
height. Where telecommunication towers are required to meet FAA paint and/or
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lighting regulations, the distance between them shall not be less than one-half
mile.
3. Equipment Facilities: All equipment facilities shall meet the setback
requirements for the district in which they are located.
4. Amateur Radio Operator Tower: All amateur radio operator towers shall meet the
setback requirements for the district in which they are located.
b. Height.
1. Antenna(s) attached to antenna support structures shall not add more than twenty
(20)feet in height to the existing building or structure to which it is attached.
2. Telecommunication towers:
a. In all industrial districts the maximum height shall be 200 feet.
b. In all business districts, except the RB-4, B-2A and B-5 districts, the
maximum height shall be 100 feet.
c. In the Agricultural/Conservation district,as depicted on the adopted Future
Land Use Plan,the maximum height shall be 200 feet.
3. Amateur Radio Operator Towers shall have a maximum height of 35 feet.
Exception: For every one additional foot in from the side or rear building
setback lines, one additional foot in height may be added to a maximum
height of sixty(60)feet.
4. Broadcast Towers may be erected to a height as approved by the City Council upon
Conditional Use review.
c. Screening and Landscaping. Telecommunication tower sites and equipment facilities
shall be screened when there exists a clear view from adjacent residential uses. A
fence, wall, berm, shrubbery or tree plantings shall be installed to a sufficient height
along the perimeter or in appropriate areas in order to reduce the visual impact of the
tower base and buildings. Existing mature tree growth and natural landforms shall be
preserved to the maximum extent possible and may be a sufficient buffer. If a chain
link fence is erected, the fence shall have wood or plastic slats woven into the fence,
open mesh windscreens installed or additional shrubbery or tree plantings located
outside the fence.
d. Illumination: Towers shall not be artificially lighted unless required by the FAA or
other governing authority. Security or safety lighting for equipment facilities is
permitted.
e. Design: Towers shall be of a neutral color unless otherwise required by the FAA.
Antenna(s) installed on support structures shall be of a neutral color that is the same as
or compatible with the support structure. Buildings and other structures shall be made
of exterior materials and colors that will blend the facilities to the natural setting and
built environment.
f. Maintenance: Telecommunication towers, antenna support structures, and WCFs
shall be maintained in compliance with Electronic Industries
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Association/Telecommunications Industries Association Standard (EIA/TIA) 222
Revision F Standard entitled "Structural Standards for Steel Antenna Towers and
Antenna Supporting Structures"as it may be updated or amended.
g. Abandonment: Any Wireless Communication Facility that is no longer in use shall be
reported to the City by the facility owner. If a WCF is not operated for a continuous
period of 12 months, it shall be considered abandoned and the owner shall remove the
WCF within six months.
Sec.94-397. Satellite Dish.
Regulations pertaining to satellite dishes shall be as follows:
1. Satellite dishes anchored in the ground shall not encroach into any required yard area.
2. Satellite dishes attached to the roof of a building shall not extend more than 12 feet above
the existing height of the building.
3. Satellite dishes shall be constructed and anchored according to the manufacturers
instructions.
4. Satellite dishes attached to the side of a building shall not encroach over any property line.
5. Satellite dishes one meter or less in diameter in any residential district and two meters or
less in diameter in any business or industrial district are exempt from any permit
requirements.
Sec.94-398.Fences,Walls and Hedges.
(a)Regulations generally. 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 principal building. Fences with a split rail design may
extend thirty-six inches (36") above the adjacent grade. Fences and walls on any other part of a
lot may not exceed six(6)feet in height when located within the minimum required 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.
(b)Exceptions:
(1) Fences,walls and hedges up to six(6)feet in height may be placed in a front yard opposite
the street address of a lot abutting an arterial street where:
a. Said lot is a double frontage lot; and
b. The lot is not adjacent to an alley which accesses onto the arterial street; and
c. The lot is not a corner lot; and
d. No driveways exit onto the arterial street; and
e. Said fence, wall or hedge is set back four (4) or more feet from the front property
line.
(2) Fences,walls and hedges up to six (6)feet in height may be placed in a front yard
opposite the street address of a lot abutting a local or collector street where:
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a. Said lot is a double frontage lot; and
b. Said fence,wall or hedge meets the minimum required setback of the district the lot
is located in.
(c) In all business districts, fences up to eight feet(8') in height may be erected within twenty
feet of any front property line and up to any side or rear property line.
Exception: Fences shall not be erected between a lot line and any areas required to be
landscaped. This provision shall not prohibit the screening of outdoor storage of materials and
inventory as required by other sections of this ordinance.
Sec. 94-399 Landscaping.
(a) Generally
(1) 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
developments. Due to the benefits that trees provide in the reduction of heat, dust,
pollution and because of the particular need to encourage vegetation in our city, trees are
required to be planted and maintained on each site.
(2) All trees shall meet standards for height and/or caliper. Each tree shall be balled and
burlapped, container grown or planted by tree spade and shall meet the following minimum
requirements at the time of planting:
(a) Developments with one(1)acre or less in area
1. Shade tree: A tree with a caliper of two and one-half(2'A)inches or greater.
2. Ornamental tree: A tree with a caliper of two(2)inches or greater.
3. Conifer tree: A tree with a height of not less than six(6)feet.
(b) Developments with more than one(1)acre
1. Shade tree: A tree with a caliper of two(2)inches or greater.
2. Ornamental tree: A tree with a caliper of one and one-half(11/2)inches or greater.
3. Conifer tree: A tree with a height of not less than five(5)feet.
(3) 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 within each category is:
a. Shade trees: green ash, seedless honey locust,Norway maple,hackberry, linden, oak
and sugar maple.
b. Ornamental trees: flowering crabapple,mountain ash, amur maple, clump birch,
hawthorn and Japanese tree lilac.
c. Conifer trees: pine, spruce and fir.
(4) All trees shall be planted on the site and adjacent to the perimeter of the parking area
according to the following:
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a. One tree shall be provided on site for the first 4,000 square feet of paved surface.
b. One tree shall be provided for each additional 3,000 square feet of paved surface.
(5) Twenty percent(20%)of the required trees may be conifers. However, conifers shall only be
planted on the perimeter of any paved area used for parking
(b) Interior Trees. Twenty percent(20%)of the trees required in section 94-399 shall be planted in
the interior of any parking lot containing 20,000 square feet or more of parking area.
(c) Planting areas. Sites with gravel, asphalt, pavement or other surfacing material in excess of
5,000 square feet and intended for driving aisles and parking purposes, shall provide a minimum
eight-foot (8') wide landscape area along any right-of-way. Exception: On corner lots, required
landscape areas which contain less than 250 square feet may incorporate their required square
footage into a landscaped area at the intersection corner.
(d) Ground Cover. For any of the areas required to be maintained as landscaping,not more than
fifty percent(50%) of the area shall be covered by non-living landscaping material.
(e)Landscape plan. For any of the areas required to be maintained as landscaping,a landscape
plan drawn to scale showing all living and non-living ground cover shall be required for approval
by the City Engineer's Department.
(f)Landscaping of Front Yards. Front yards of lots with residential uses shall be devoted entirely to
landscaped area except for the necessary surfacing of driveways and walkways used to reach
parking and loading areas. Walkways abutting driveways shall be clearly delineated and reserved
strictly for pedestrian use.
Sec. 94-400.Hard-surfaced Parking.
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. The expansion of a parking area required as a result of the enlargement of a
preexisting use shall also be hard-surfaced.
Sec.94-401. Screened Parking.
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.
Sec. 94-402.Adjustment to Front Yard Requirements.
Residences in the R-1B 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 setback be less than
twenty-five feet (25'). Residences located in the Residence R-1 B District of the Pheasant Nest
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Addition established prior to March 7, 2002, that have front yard setbacks that 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 setback be less than 20 feet.
Sec. 94-403.Adjustment to Side 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. Residences located in the Residence R-1B District of the Pheasant Nest Addition
established prior to March 7, 2002, that have side yard setbacks that are less than the side yard
setbacks required by this ordinance may have additions erected in line with the existing building. In
no case shall the side yard setback be less than 7 feet.
Sec. 94-404.Adjustment to Lot Width Requirements
Lots which have 100% of their frontage width located on an eyebrow or the bulb portion of a cul-
de-sac shall meet the minimum lot width requirement at the front yard setback line. Said line shall
be a parallel curve to the front lot line. The minimum lot width at the right-of-way line shall not be
less than fifty feet(50')in the RB-4,RMH,R-3A, R-3, R-2 and R-1B districts; and sixty feet(60')
in the R-1A district.
Sec. 94-405.The Manner of 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.
Sec. 94-406.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.
Sec.94-407.Intersection Safety Zone.
(a) 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
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.
(b) 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 straight 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. If the intersection is a "T"
intersection,the distance measurement for determining the clear sight triangle shall be 73 feet.
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(c)Distance measurements for clear sight triangle are as follows:
Miles per hour Distance
20 73 feet
25 99 feet
30 126 feet
35 154 feet
Sec. 94-408 Illumination.
It is the intent of the city to protect residential uses and motorists from excessive nighttime
lighting and light glare. Therefore certain exterior lights shall be installed so that direct or
reflected illumination is reduced at the lot line adjoining a residential district or public right-of-
way.
(1) Gas Dispensing Station Canopy: All lights shall have flush mounted lenses to
either the canopy ceiling or to ceiling mounted"shoebox" design fixtures.
(2) Wall mounted lights: All lights visible to a residential district or right-of-way
shall be designed to shield the light source from view.
(3) Parking Lot Lights: Pole mounted lights shall be a fixed tenon mount parallel to
the ground incorporating a "shoebox" design where the light source does not
extend below the lens.
(4) Recreational field lighting, flag lights and holiday decorations are exempt from
these regulations.
Sec. 94-409—94-430.Reserved.
DIVISION 4. PARKING,STACKING AND LOADING
Sec. 94-431.Location of Parking Spaces.
It is the intent of these regulations to require sufficient numbers and the appropriate location of off-
street parking, stacking and loading to provide a necessary level of service to citizens and visitors to
Brookings, to protect the capacity of the street system to move traffic and to safeguard pedestrians
and pedestrian walkways.
The following parking regulations shall apply:
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(1) Off-street parking spaces provided on adjacent property other than the same
property as the use is located shall be permitted as follows:
a. 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 establishments
or are used jointly by two (2) or more buildings or establishments, the required spaces,
if not contiguous, may be located not to exceed three hundred feet (300') from the
building or use served.
b. 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.
c. The joint use of off-street parking spaces for two or more buildings or uses shall be
permitted provided the total number of spaces is not less than the sum of the required
spaces of the various individual uses. The joint use of parking spaces shall be permitted
for uses that are not open, used or operated during the same hours.
d. A request for off-site, off-street parking shall be accompanied by an appropriate
reciprocal easement agreement guaranteeing the continued availability of such spaces
for as long as the use or uses exist.
e. Off-site required off-street parking shall not be separated from the use it serves by an
arterial or collector street. The requirements of section 94-365 shall also apply.
(2) No off-street parking of motor vehicles, recreational vehicles, watercraft or trailers shall be
permitted in the front yard of any lot located in any residential district except upon a
driveway providing direct and unobstructed access to the garage or rear yard and except for
the yard area between the driveway and the nearest side lot line. Parking shall only be
allowed upon a driveway installed as per section 94-343. In the event a garage stall is
converted to living, sleeping, eating or cooking space, all driveways or portions of
driveways leading to the converted garage shall be removed and the land restored to grass
or other landscaping. Exception: Parking in the front yard of schools, churches, museums,
art galleries, libraries, public recreation facilities and parks is permitted provided parking
stalls and driving aisles are not located within the minimum front yard building setback
area.
(3) 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.
(4) Parking spaces in business and industrial districts shall be permitted up to all property lines
except as required by Section 94-399(c). 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 shall not be permitted within ten(10)feet of the property corner
nearest the street intersection.
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(5) Each required parking stall or space within a parking area or garage shall be individually
and easily accessible from a public right-of-way and no parking stall or space shall be
accepted that is located on any access aisle. Exception: Single-family and two-family uses
may have a maximum of two rows of tandem parking.
Sec. 94-432.Computation of parking spaces.
Off-street parking spaces shall be provided based on the regulations adopted at the time the
use was established or by the requirements of this section, whichever is less. Any subsequent
enlargement or change of use of buildings or land shall meet the requirements of this section,but
only for that portion or percentage that was altered
Sec. 94-433. Off-Street Parking Requirements.
(a)In all districts, in connection with every residential,commercial, industrial or any other use, off-
street parking shall be provided and maintained in the manner set forth in this section. For any new
building constructed, any new establishment,any addition or enlargement of an existing building or
use, any change in the occupancy type as defined in this ordinance and any change in the manner in
which a use is conducted, there shall be sufficient off-street parking as required by this section.
Whenever applicable, the following equivalent shall be used: one (1) seat =two (2) feet of lineal
bench seating capacity. Parking space dimensions and parking lot layout and design shall conform
to the requirements of this ordinance and/or generally accepted architectural standards and
guidelines from the American Institute of Architects.
(b) B-1 Central Business District. 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. Exception: For any building or use that would be required to have in excess of 75
parking spaces based on the requirements of subsection B, the additional off-street parking
spaces shall be provided within 300 feet of the building or use.
(c). All other zoning districts.
1. Single-family dwelling or two-family dwelling, condominium or townhouse: Two (2)
spaces for each dwelling unit. Each garage stall shall be considered one parking space.
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. Exception: An attached garage that is an integral part of the dwelling unit shall be counted
towards meeting the requirements.
4. Apartments for the elderly or congregate care facility: One (1) space for each unit.
5. Retirement home, nursing home, assisted living facility or similar institution where no
rooms or units are independent or self-contained: One (1) space for each three (3) beds
plus one (1) space for each two(2)employees.
6. Hospital: One (1) space for each three (3) beds plus one (1) space for each employee on
maximum working shift plus one(1)space for each service vehicle
7. Boardinghouse,fraternity or sorority: One (1) space for each occupant.
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8. Church: One(1) space for each five(5) seats in the main seating area.
9. Funeral home: Five (5) spaces or one for each four (4) seats in the chapel, whichever is
greater.
10. Major home occupation: Two(2) spaces
11.Retail, general merchandise, discount store, gas dispensing station, supermarket,personal
service store, personal health service (excluding health clubs), medical clinic: One (1)
space for each two hundred (200) square feet of gross floor area for the first 50,000 square
feet and one(1) space for each three hundred(300) square feet thereafter.
12. Eating or drinking establishments, telemarketing operations, private clubs, health clubs
and similar indoor recreational facilities and amusement establishments: One (1) space
for each one hundred(100) square feet of gross floor area(see stacking).
13. Campground: One(1) space/campsite plus accommodations for over-sized vehicles
14. business and professional offices„ banks or dental clinic: Five (5) spaces plus one (1)
additional space for each four hundred (400) square feet of floor area over one thousand
(1,000) square feet. (see stacking).
15.Auditorium, auction house, convention center, theater or other places of public assembly:
One (1) space for each four (4) seats and/or one (1) space for every 50 square feet of floor
area without fixed seating.
16.Airport: One (1) space for each four (4) seats in waiting area plus one for each five (5)
aircraft storage areas plus two(2) spaces for each three(3)employees on largest shift.
17. Hotel or Motel: Five(5)spaces plus one (1) space for each sleeping room or suite.
18. Bed and Breakfast: One(1) space for each guest room plus two (2)for the proprietor
19.Industrial and/or manufacturing, assembling, processing, warehousing and similar uses:
Two (2) spaces for each three (3) employees on the maximum working shift, plus space to
accommodate all trucks and other vehicles used in connection therewith.
20.Animal hospital, kennel: Five(5) spaces plus one(1)for each employee
21. Community Center, 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(2000) square feet.
22. Library: One(1) space for every four(4) seats
23. Museum, art gallery: Six (6) spaces plus one (1) additional space for each four hundred
(400) square feet of gross floor area in excess of two thousand (2000) square feet.
Automatic car wash: One space for each employee plus the requirements of Section 94-
434 (stacking).
24. Self-serve car wash: (See stacking).
25. Bowling alley: Four(4) spaces for each lane.
26.Athletic field/facility: Twenty (20) spaces for each field or one (1) for each four (4) seats,
whichever is greater.
27. Day care facility: Two (2) spaces plus one (1) space for each care provider(see stacking).
28. Motor vehicle repair shop, auto sales or similar use: Two (2) spaces for each service bay
plus one(1) space for each employee.
29.Auto parts store, furniture store, household appliance store, flooring/carpet store,
plumbing store, building supply store, service store: One space for every five hundred
(500) square feet of gross floor area.
30.Fire Station: Five (5) spaces plus one space for each front line apparatus.
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31. 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.
32. The parking space requirement for a use not specifically mentioned herein shall be the
same as required for a use of a similar nature.
Sec. 94-434. Stacking.
(a) Uses which have drive-up service windows or devices shall provide space on the lot to stack
vehicles waiting to reach the initial point of contact in accordance with the following:
1. Eating establishment: 120 feet for each service window or device.
2. Bank: 80 feet for each service window or device.
(b) Other uses which require vehicle stacking shall provide the following space on the lot or on-
premise spaces:
1. Gas dispensing station: One (1) space for each pump station plus one (1) additional space
before and after the pump station islands.
2. Day care facility: Eighty feet preceding the primary pick-up or drop-off area or four (4)
spaces exclusively reserved for pickup and drop-off.
3. Automatic car wash: 200 feet preceding the initial preparation area/washing bay.
4. Self serve car wash: 40 feet preceding each washing bay.
Sec. 94-435—94-460.Reserved.
DIVISION 5- SIGNS
SEC. 94-461.DEFINITIONS.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned sign - A sign which no longer identifies or advertises a bona fide business, lessor,
service, owner,product, or activity, and/or for which no legal owner can be found.
Animated sign- Any sign that uses movement, electric message or change of lighting, either
natural or artificial,to depict action or create a special effect or scene.
Area identification sign- A sign to identify a common area containing a group of structures, such
as a residential subdivision, apartment complex, industrial park, or shopping center which
is located at the entrance or entrances of the area.
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Awning, electric - (also Back Lit Awning) An internally illuminated fixed space-frame structure
with translucent, flexible reinforced covering designed in awning form and with graphics
or copy applied to the visible surface of the awning.
Awning sign-(see canopy sign)
Banner - Any sign of lightweight fabric or similar material that is attached to a structure or
building with cables, ropes, tie downs or other fasteners. National flags, state or
municipal flags, or the official flag of any institution or business shall not be considered
banners.
Banner, pole - Any sign of lightweight fabric or similar material that is mounted to a pole at one
or more edges. National flags, state or municipal flags, or the official flag of any
institution or business shall not be considered banners.
Beacon - A stationary or revolving light which flashes or projects illumination, single color or
multi-colored, in any manner which is intended to attract or divert attention. However,this term
is not intended to include any kind of lighting device which is required or necessary under the
safety regulations described by the Federal Aviation Administration or similar agencies.
Billboard-A sign located on a parcel containing no buildings or commercial activity.
Building marker-Any sign indicating the name of a building and date and incidental information
about its construction, which is cut into a masonry surface or made of bronze or other
permanent material.
Building sign-Any sign attached to any part of a building.
Bulletin board - Any sign erected by a charitable, educational, civic, or religious institution or a
public body, which is erected upon the same property as said institution, for purposes of
announcing events which are held on the premises, and contains no commercial message.
Canopy sign-Any sign that is a part of or attached to an awning, canopy, or other fabric,plastic,
or structural protective cover over a door, entrance, window, or outdoor service area. A
marquee is not a canopy.
Changeable copy sign/reader board - A sign or portion thereof with characters, letters or
illustrations that can be changed or rearranged without altering the face of the surface of
the sign. A sign on which the message changes more than eight times per day shall be
considered an animated sign and not a changeable copy sign for purposes of this
ordinance. A sign on which the only copy that changes is an electronic or mechanical
indication of time or temperature shall be considered a"time and temperature"portion of
a sign and not a changeable copy sign for purposes of this ordinance.
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Clearance (of a sign) - The smallest vertical distance between the grade of the adjacent street,
highway, or street curb and the lowest point of any sign, including framework and
embellishments, extending over that grade.
Commercial message - Any sign, wording, logo or other representation that, directly or
indirectly, names, advertises, or calls attention to a business, product, service, sale or
sales event or other commercial activity.
Construction sign - A temporary sign identifying a building or construction site, contractors,
architects, engineers or suppliers.
Display surface area - The net geometric area enclosed by the display surface of the sign
including the outer extremities of all letters, characters and delineations. However,
"display surface area"shall not include the structural supports for free standing signs.
Erect - To build, construct, attach, hang, place, suspend, or affix, and shall also include the
painting of wall signs.
Flag-Any fabric, banner, or bunting containing distinctive colors,patterns, or symbols,used as a
symbol of a government,political subdivision, or other entity.
Flashing sign - An illuminated sign on which artificial or reflected light is not maintained
stationary and constant in intensity and color at all times when in use.
Freestanding sign-A sign which is attached to or a part of a completely self-supporting structure.
The supporting structure shall be set firmly below the ground surface and shall not be
attached to any building or any other structure whether portable or stationary.
Garage/yard sale sign - A temporary sign indicating a private sale of personal household
possessions and which is not for the use of any continuing commercial business.
Ground sign-A sign anchored to the ground similar to a free standing sign but which has no free
air space between grade and the top of the frame or sign facing.
Identification sign-A sign containing only the address and name of the occupant of the building.
Illuminated sign - Any sign which has characters, letters, figures, symbols, signs or its outline
illuminated by electric light, luminous tubes, or other artificial sources.
a. Internal lighted sign — A sign with luminous tubes, electric lights or other devices
located within the interior of the sign.
b. External lighted sign—A sign which is illuminated by spotlights, floodlights, lamps,
lenses or other devices designed to focus or concentrate light rays on the sign display
area.
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c. Surface lighted sign — Any sign which is illuminated by electric bulbs or other
similar devices which are attached to the exterior of the sign and are an integral part
of the sign.
Incidental sign - A sign which is generally informational, and which has a purpose secondary to
the principal use of the lot on which it is located such as "no parking", "entrance", "exit",
"loading only" or other similar directives. No sign with a commercial message legible
from a position off the lot on which the sign is located shall be considered incidental.
Inflatable sign-A sign capable of expanding due to the injection of air or gas.
Lot - A tract of land or group of abutting and contiguous tracts of land in single ownership that
are of sufficient size to meet the minimum zoning requirements as required by the zoning
ordinance.
Mansard roof- Any roof that has an angle greater than forty-five (45) degrees and which derives
part of its support from the building wall and is attached to (but not necessarily a part of)
a low slope roof and which extends along the full length of the front building wall or
three-quarters (34)of the length of a side building wall. For purposes of this chapter, a low
slope roof shall mean any roof with a pitch less than three (3) inches rise per twelve (12)
inches horizontal.
Marquee - Any permanent roof-like structure projecting beyond a building or extending along
and projecting beyond the wall of the building, generally designed and constructed to
provide protection from the weather.
Marquee sign-Any sign attached to,in any manner, or made a part of a marquee.
Non-conforming sign-Any sign that does not conform to the requirements of this ordinance.
Non-illuminated sign - A sign other than an illuminated sign or reflective sign which is visible
primarily from a natural light source.
Non-permanent sign- A surface-mounted sign or a sign with a support member extending below
grade which is usually established for a specific period of time.
Outdoor menu board - An outdoor sign, associated with restaurants with drive-through windows,
which gives a detailed list of foods served that are available at a restaurant.
Pennant - Any lightweight plastic, fabric, or other material, whether or not containing a message
of any kind, suspended from a rope,wire, or string, usually in series, designed to move in
the wind.
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Permanent sign - A sign which is permanently attached to a framing or a sign with a support
member at or below the frost line or attached to a building or another structure by direct
attachment to a rigid wall,frame or structure.
Person- "Person" shall mean and include any person, firm, partnership, association, corporation,
company or organization, singular or plural, of any kind.
Political sign - A temporary sign such as a poster card or lawn sign identifying a candidate or
issue to be voted for or upon on a definite election day.
Portable sign - Any sign not permanently attached to the ground or other permanent structure, or
sign designed to be transported, including, but not limited to, signs designed to be
transported by means of wheels; signs converted to "A-Frames" or "T-Frames"; menu and
sandwich board signs; umbrellas used for advertising; and signs attached to or painted on
vehicles parked and visible from the public right-of-way,unless said vehicle is used in the
normal day-to-day operations of the business.
Principal building-The building in which is conducted the principal use of the parcel on which it
is located. Lots with multiple principal uses may have multiple principal buildings, but
storage buildings, garages, and other clearly accessory uses shall not be considered
principal buildings.
Projecting sign - Any sign that is affixed at an angle or perpendicularly to the wall of any
building in such a manner as to be read perpendicularly or at an angle to the wall on
which it is mounted.
Public event-Any event that is authorized by the City of Brookings.
Pylon-(see freestanding sign)
Real estate sign - A temporary sign placed upon property for the purpose of advertising to the
public the sale or lease of said property.
Reflecting sign - Any sign which returns light waves from its surface back toward the light
source.
Residential sign - Any sign located in a district zoned for residential uses that contains no
commercial message except advertising for goods or services legally offered on the
premises where the sign is located.
Roof sign -any sign erected and constructed wholly on and over the roof of a building, supported
by the roof structure and extending vertically above the highest portion of the roof.
Roof sign, integral -Any sign erected or constructed as an integral or essentially integral part of a
normal roof structure of any design, such that no part of the sign extends vertically above
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the highest portion of the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
Setback - The distance from the property line to the nearest part of the applicable building,
structure, or sign,measured perpendicularly to the property line.
Sign-The term"sign" shall mean and include every device,frame, letter, figure, character,mark,
plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is
used or intended to be used to attract attention or convey information to the general
public. In addition, any of the above which is not placed out of doors, but which is
illuminated with artificial or reflected light and in view of the general public and used or
intended to be used to attract attention or convey information to motorists.
Shopping center - Two (2) or more retail stores and/or service establishments, or one retail store
and one service establishment, sharing customer parking areas, regardless of whether said
stores and/or establishments occupy separate structures or are under separate ownership.
Streets and sidewalks -A strip of land or access way subject to vehicular traffic and/or pedestrian
traffic that provides direct or indirect access to property, including, but not limited to,
alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks,
terraces,trails, or other thoroughfares.
Street frontage - The distance for which a lot line of a lot runs parallel to and adjoins a public
street.
Suspended sign - A sign that is suspended from the underside of a horizontal plane surface and is
supported by such surface.
Temporary sign - Any sign that is used for varying periods of time and may be mounted on or
below grade.
Wall sign - Any sign that shall be affixed parallel to but within 12 inches of, the wall or printed
on the wall of any building in such a manner as to be read parallel to the wall on which it
is mounted, provided, however, said wall sign shall not project above the top of the wall
or beyond the end of the building. For the purpose of this ordinance, any sign display
surface that is affixed flat against the sloping surface of a mansard roof shall be
considered a wall sign. Any sign that is affixed to the windows, benches, building
marquee,building awning, or a building canopy shall be considered a wall sign.
Wall sign, painted - A sign which is applied with paint or similar substance on the surface of a
wall.
Window sign - Any sign, pictures, symbol, or combination thereof, designed to communicate
information about an activity, business, commodity event, sale or service, that is placed
inside a window or upon the window.
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Sec. 94-462.Purpose and Intent of division.
The purpose of these sign regulations are to encourage the effective use of signs as a means of
communication in the City, to minimize the possible adverse effect of signs on adjacent public
and private property, to improve pedestrian and traffic safety, to maintain and enhance an
aesthetic environment and to enable the fair and consistent enforcement of these sign regulations.
It is,therefore,the intent of these regulations to achieve the following:
(1) Safety: To promote the safety of persons and property by requiring that signs:
a. Do not create a hazard due to collapse, fire, collision, decay or abandonment;
b. Do not create traffic hazards by distracting or confusing motorists, impairing a
driver's ability to see pedestrians, obstacles, or other vehicles or to see and interpret
any official traffic sign, signal or device.
(2) Communication: To promote the efficient transfer of information by providing that:
a. Business and services may identify themselves;
b. Customers and other persons may locate a business or service;
c. No business, service,person or group is arbitrarily denied the use of sight lines on
a public right-of-way for communication purposes.
(3) Preservation of the natural landscape: To protect the public welfare and to maintain
and enhance the appearance and economic value of the landscape by providing that
signs:
a. Do not create a nuisance to persons using the public right-of-way;
b. Do not constitute a nuisance to the occupancy or use of adjacent property as a result
of their size,height, brightness or movement;
c. Are constructed and installed in a manner which is in harmony with buildings,
neighborhoods or other signs in the area.
Sec.94-463. Compliance and applicability of division provisions.
A sign may be erected, placed, established, painted, created or maintained in the city only in
conformance with the standards, procedures, exceptions and other requirements of this
ordinance. The effect of this ordinance as more specifically set forth herein, is
(1) To require a permit for certain types of signs subject to the standards and procedures of
this division;
(2) To allow certain signs that are small, unobtrusive and incidental to the principal use of
the parcel on which they are located, subject to the requirements of this ordinance but
without a requirement for a permit;
(3) To provide for temporary signs in limited circumstances, and
(4) To prohibit all signs not expressly permitted by this ordinance
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Sec. 94-464. Signs exempt from division regulations.
The following signs shall be exempt from regulation under this ordinance.
(1) Any public notice or warning required by a valid and applicable federal, state or local
law,regulation or ordinance.
(2) Any sign inside a building, not attached to a window or door, that is not legible from a
distance six feet(6')beyond the lot line of the lot or parcel on which such sign is located.
(3) Works of art that do not include a commercial message.
(4) Holiday lights and decorations with no commercial message.
(5) Traffic control signs on private property, such as Stop, Yield, and similar signs, the face
of which, meet Department of Transportation standards and which contain no
commercial message of any sort.
(6) Signs on vehicles regularly and customarily used to transport persons or property for a
business.
(7) Signs or graphics on outside vending machines provided such machines are not part of the
principal use of the lot.
Sec. 94-465 Nonconforming signs
a) Any sign lawfully existing prior to October 7, 1976 which does not conform with the
provisions of this code, shall be deemed a legal nonconforming sign.
b) Any sign which has a valid permit, but does not conform with the provision of this code,
shall be deemed a legal nonconforming sign. A legal non-conforming sign shall be
permitted to remain unless:
1) The type, size,height, location or illumination is changed.
2) The sign is damaged or destroyed.
3) The sign has been abandoned.
(c) A nonconforming sign which has been brought into full compliance with this ordinance
shall be assessed the minimum fee as set forth in the fee schedule.
Sec. 94-466. Forfeiture,nonconforming.
Any sign installed or placed on public property, except in conformance with the requirements of
this section, shall be forfeited to the public and subject to confiscation. In addition to other
remedies hereunder, the city shall have the right to recover from the owner or person placing
such a sign the full costs of removal and disposal of such sign.
Sec. 94-467. Permit.
(a)Scope—This section shall apply to all sign permits.
(b)Permanent Signs
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(1). Application. All applications for the construction, creation, placement or installation of
permanent signs or the modification of an existing permanent sign shall be accompanied by
the following:
a) A detailed site plan of the lot showing the exact location and orientation of the sign(s)
relative to all lot lines, building lines, parking lots, drive-ways and other pertinent
land and architectural features.
b) An elevation drawing showing the total height above the adjacent grade.
c) The total dimensions of the sign facing.
d) The design features of the sign.
e) The type of illumination or other characteristics of the sign(see Table 5 in section 94-
973).).
f) The size and type of existing signs on the property.
g) All other applicable data such as lot line dimensions and building wall or other
surface area dimensions as required by the city.
(2). Fees - Each application for a sign permit shall be accompanied by the applicable fees,
which shall be established by the governing body of the city from time to time by resolution.
(3). Validity. Permanent sign permits shall be valid for the duration of the life of the sign
unless:
a) The sign has been abandoned
b) The business activity on the premises is discontinued for a period of 180 days or more
and is not resumed within 30 days of written notice from the city.
c) The type, size,height,location, or illumination is changed, altered or modified.
(c) Non permanent signs
(1). Application. The following procedure shall govern the application for, and issuance of, all
non-permanent sign permits under this ordinance. All applications for the construction,
creation, placement or installation of non-permanent signs or the modification or change of
location of such signs shall be accompanied by the following:
a) A site plan of the lot showing the exact location and orientation of the sign(s)relative
to all lot lines.
b) A drawing showing the total height and facing dimensions.
c) The type of illumination or other characteristics of the sign(see Table 5 in section 94-
973).
d) All other applicable data as required by the city.
(2). Fees. Each application for a non-permanent sign permit shall be accompanied by the
applicable fees, which shall be established by the governing body of the city from time to
time by resolution.
(3). Issuance. Non-permanent sign permits shall be issued in accordance with the requirements
of Section 94-470.
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(d)Number of signs.A permit may authorize the erection of one or more signs.
(e) Assignment. A current and valid permanent sign permit shall be freely assignable to a
successor as owner of the property.
(f) Nonissuance due to existing illegality. A permit for a new sign shall not be issued for a lot
on which there exists an illegal sign.
(g) Exemptions-The following signs are exempt from the permit requirements but are subject to
all other requirements of this ordinance.
1. Incidental
2. Building marker
3. Identification
4. Flag
5. Temporary
6. Pole banner
7. Residential
Sec. 94-468. Prohibited signs
All signs not expressly permitted under this division are prohibited in the city. Such signs
include,but are not limited to:
(1) Beacons, search lights and flashing signs
(2) Signs imitating or resembling official traffic or government signs or signals
(3) Signs attached to trees, telephone poles, public benches, street lights, street signs or
placed on any public property or public right-of-way
(4) Signs attached to organic or inorganic natural matter
(5) Signs which obstruct any required egress from a building or structure
(6) Abandoned signs
(7) Signs placed on vehicles or trailers which are parked or located for the primary purpose
of displaying said signs.
Sec.94-469.Design,construction and maintenance.
All permanent signs shall be designed, constructed and maintained in accordance with the
following standards:
(1) All signs shall comply with the applicable provisions of the Building Code and National
Electric Code at all times.
(2) All signs shall be constructed of permanent materials and shall be permanently attached
to the ground, a building or another structure by direct attachment to a rigid wall, frame
or structure.
(3) All permanent signs shall be constructed to withstand a wind load pressure of thirty(30)
pounds per square foot.
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(4) Signs shall be maintained in a safe and legible condition at all times including the
replacement of defective or damaged parts, painting, repainting, cleaning and other
services required for maintenance of said signs. Signs that are not maintained shall be
removed or brought into compliance immediately upon written notice.
Sec. 94-470 Regulations for all districts
(a) Scope of section regulations. The following regulations are applicable to all districts.
(b)Freestanding signs.
(1) Freestanding signs shall be located only in a front or side yard.
(2) Lots which are allowed more than one freestanding sign shall space the signs no less than
50 feet apart.
(3) Freestanding signs shall not be located within an intersection safety zone.
(4) Freestanding signs shall not employ any moving parts.
(5) Freestanding signs which obstruct any street improvement project shall be removed at the
owner's expense
(c) Building signs. Projecting, awning, canopy, marquee and wall signs may project over
public property where the building was constructed at/on the front property line except for state
highway rights-of-way.
(d),Inflatable signs. Inflatable signs may be displayed under the following conditions:
1. They shall not interfere with utility lines, antennas or towers.
2. Cabling,tie-downs or tether lines shall not be located on or across public property.
3. They shall not be located in any airport approach zone.
4. Inflatable signs may be displayed on a lot for sixty (60) permit days per calendar year.
Permits shall not be issued for a period less than 15 days.
(e). Portable Signs. Portable signs shall be regulated as follows:
1. A portable sign displayed on a lot shall be subject to a fee established by the governing
body.
2. Portable signs may be displayed on a lot for ninety (90) permit days per calendar year.
Permits shall be issued for a maximum of 30 consecutive days with a minimum of 30
consecutive days between the permit expiration date and the issuance of a new permit.
3. Exception: Portable signs exceeding 32 square feet shall be allowed on a lot for up to 7
days within a maximum permit period.
4. Portable signs shall be secured against overturning.
(1) Pennant signs. Pennant signs shall be regulated as follows:
1. Pennant signs shall not interfere with utility lines.
2. Cabling,tie-downs or tether lines shall not be located on or across public property
3. Pennant signs may be displayed on a lot for sixty (60) permit days per calendar year.
Permits shall not be issued for a period less than 15 days.
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(g) Banner Signs. Banner signs shall be regulated as follows:
1. A banner sign displayed on a lot shall be subject to an annual fee established by the
governing body.
2. Banners shall be secured to a structure or building at all times.
Sec. 94-471. Signs in public right-of-way
No sign shall be erected in the public right-of-way except for the following:
(1) Public signs erected by or on behalf of a governmental body to identify public property,
convey public information and direct or regulate pedestrian or vehicular traffic.
(2) Informational signs by a public utility regarding poles, lines,pipes or facilities.
(3) Awning, canopy, marquee, projecting and suspended signs in conformity with Table 4 in
section 94-973 and other applicable sections of this ordinance.
Sec.94-472. Computation of area and height.
The following principles shall control the computation of sign area and sign height.
(1) Computation of Area of Individual Signs. The area of a sign face (which is also the sign area
of a wall sign or other sign with only one face) shall be computed by means of the smallest
square, circle, rectangle, triangle, or combination thereof that will encompass the extreme
limits of the writing, representation, emblem, or other display, together with any material or
color forming an integral part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but not including any
supporting framework, bracing, or decorative fence or wall when such fence or wall
otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
(2) Computation of Area of Multifaced Signs. The sign area for a sign with more than one face
shall be computed by adding together the area of all sign faces visible from any one point.
When two identical sign faces are placed back to back, so that both faces cannot be viewed
from any point at the same time,and when such sign faces are part of the same sign structure
and are not more than 42 inches apart, the sign area shall be computed by the measurement
of one of the faces.
(3) Computation of Height. The height of a sign shall be computed as the distance from the base
of the sign at normal grade to the top of the highest attached component of the sign. Normal
grade shall be construed to be the lower of:
a. The existing grade prior to construction
b. The newly established grade after construction
Section 94-473 TABLES
Signs shall be allowed on private property in accordance with Table 1. If the letter "P" appears
for a sign type in a column, such sign is allowed without prior permit approval in the zoning
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districts represented by that column. If the letter "S" appears for a sign type in a column, such
sign is allowed only with prior permit approval in the zoning districts represented by that
column. Special conditions may apply in some cases. If the letter "N" appears for a sign type in
a column, such a sign is not allowed in the zoning districts represented by that column under any
circumstances. A sign designated by a "P" or "S" shall be allowed only if it conforms to all other
applicable requirements of this ordinance.
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SECTION 94-473
TABLE 1
PERMITTED SIGNS BY TYPE AND ZONING DISTRICT
SIGNx} YITA ,FW ' '.: RB-4,; °rtl -44. 1t $,4.:7,20.,. .34 Al< .:.n*t ,,,
14"s:r;t,c;ii- ,. rO'0,,j R ate?> : .... A'. ''t ,-24 0 4' Ft ,>,a#: : guTC.
`R. emu:_-...
Area Identification N N S S N S S S S S S
Billboard S S N N N S N S S S N
Bulletin board N S S S N N N N N N S
Ground N S N S S S S S S S S
Incidental • P P P(c) P P P P P P P P
Outdoor Menu Board N N N N N S N S S S N
• Ion S S N S S S S S S S S
Residential d N P P P N N N N N N N
Awnin. N N N S S S S S S S N
Awnin Electric N N N S S S S S S S N
Buildin.Marker e P P P P P P P P P P P
Cano. N N N S S S S S S S N
Identification P P P P P P P P P P P
Mar•uee N N N N S S S S S N N
Pro'ectin: S N N S S S S S S N N
Roof N N N N S N N N N N N
Roof,Inter al N N N N S S S S S N N
Sus.ended N N N S S S S S S N N
Wall S S N S S S S S S S P
Wall,Painted N N N N S N N N N N N
Window S S N S P S S S S N N
14IISCEI 2
Banner N N N S S S S S S S S
Banner,Pole N N P(c) P P P P P P P P(c)
IMMIIIIIIIIIIP PP P P P P P P P P
Inflatable .) N N N N S S N S S N N
Pennant .) N N N N N S N S S N N
Portable .) N NN N P ) S S S S S S
Tem•or. P P P P P P P P P P P
P=Allowed w/o sign permit S=Allowed only with sign permit N=Not allowed
a) This column does not represent a zoning district. It applies to institutional uses permitted in
residential districts. Such uses may include, but are not necessarily limited to, churches, schools,
apartment complexes,retirement homes, funeral homes, libraries, fraternities and sororities.
b) No commercial message allowed on sign if such message is legible from any location off the lot on
which the sign is located.
c) No commercial message of any kind allowed on sign.
d) No commercial message allowed on sign,except for a commercial message drawing attention to an
activity legally offered on the premises.
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City of Brookings
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e) May include only building name,date of construction or historical data on historic site.
f) Only address and name of occupant allowed on sign.
g) Permitted only in accordance with section 94-470(e), (f)and(g).
h) Only non-illuminated A-frame signs permitted
SECTION 94-473
TABLE 2
MAXIMUM TOTAL SIGN AREA PER LOT BY ZONING DISTRICT
The maximum total area of all signs on a lot except for wall,incidental, building marker and flags(a)
shall not exceed the lesser o the ollowin::
Maximum total square feet 750 750 16 200 400 200 400 500 800 600 24
Maximum total square feet for lots 1,000 1,000 NA 300 600 300 600 800 1000 NA 32
with 2 or more frontage
Square feet of signage per linear foot 1 1 NA 2 6 2 1 1 1.5 NA NA
of street frontage
Square feet of signage per linear foot NA NA NA 1 3 1 1 1 1.5 NA NA
of street frontage for corner lots (d)
a) Flags of the United States,the state,the city,foreign nations having diplomatic relations with
the United States,and any other flag adopted or sanctioned by an elected legislative body of
competent jurisdiction,provided that such a flag shall not exceed 60 square feet in area and
shall not be flown from a pole the top of which is more than 40 feet in height. These flags
must be flown in accordance with protocol established by the Congress of the United States
for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be
considered a banner sign and shall be subject to regulation as such.
b) Lots with buildings that function as malls or shopping centers and contain more than five
businesses shall be allowed 50 square feet of additional signage for each additional business,
over five businesses, located within said building.
c) This column does not represent a zoning district. It applies to institutional uses permitted in
residential districts. Such uses may include,but are not necessarily limited to churches,
schools, apartment complexes,retirement homes,funeral homes, libraries, fraternities and
sororities.
d) Lots with more than two frontages shall be limited to two frontage widths; one corresponding
to the primary front yard and one abutting the street with the highest classification.
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SECTION 94-473
TABLE 3
NUMBER,DIMENSIONS AND LOCATION OF INDIVIDUAL SIGNS BY ZONING
DISTRICT
Individual signs shall not exceed the maximum number or square footage nor encroach into the
minimum setback shown on this table(Cross Ref Table 4)
I 240 240 6 40 60 40 160 160 240 160 24
30 30 5 15(b) 15 15(b) 25(b) 30(b) 60 30(b) 8
10 10 3 0 0 5 5 5 5 10 5
Right of way setback
t. c
NA NA 1 NA NA NA NA NA NA NA NA
Number permitted
•er lot
1 for 1 for 1 for 1 for 1 for 1 for 1 for l for l for 1
Number permitted each each NA each each each each each each each for
per feet of 1000 1000 100 200 200 300 300 400 500 each
street frontage (d)
NEMfrt•.
NA NA 2 NA NA NA NA NA NA NA 24
,I 10 10 NA 10 20 10 15 15 20 5 NA
a) This column does not represent a zoning district. It applies to institutional uses permitted in
residential districts. Such uses may include,but are not necessarily limited to churches,
schools, apartment complexes,retirement homes, funeral homes,libraries,fraternities and
sororities.
b) In no case shall the sign height exceed the setback distance from an adjacent residential
district boundary line.
c) No part of any sign shall protrude into the horizontal or vertical setback line.
d) Lots with two or more frontages shall be regulated according to Table 2. However, signage
cannot be accumulated and used on one frontage in excess of that allowed for lots with only
one street frontage.
e) The percentage figure here shall mean the percentage of the area of the wall which such sign
is a part of, attached to or most nearly parallel to.
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SECTION 94-473
TABLE 4
NUMBER AND DIMENSIONS OF CERTAIN SIGNS BY SIGN TYPE
a ., r.�, `s o<n...,•sf ,•4 r,„, s ,eI t •� :•+1: ; . s .t.-t>.;< 4
•
4!
,eryg tom' ;
st, -£ 'r,.9 J k 5 _ ! 1,.'4 3.4E Fi' ; h ,gSn XfA'; Ftt f.
Area Identification 1 per entrance
Billboard
Bulletin Board
Ground _
Incidental 4
Outdoor Menu Board
Pylon
Residential See Table 3
Awning (a) 8 2
Awning,Electric (a) 8 2
Banner,Wall (a)
Building Marker 1 per building 4
Canopy(a) 8 2 _
Identification 1 per building
-
Marquee (a) 8 2
Projecting (b) 1 per bldg face 48 10 2
Roof (a) 1 per building
Roof,Integral(a) 2 per building
Suspended 1 per entrance 8
Wall (a)
Wall,Painted (a)
Window
Banner(c) 2 8 2
Banner,Pole 8 2
Flag 8 2
Inflatable(c) 1
Pennant (c)
Portable(c) 1 32(d)
Temporary 2 16
a)Sign area for this sign shall be applied to the maximum allowable wall area from Table 3.
b)One sign shall be permitted for each building face fronting a public street.
c)Allowed as per section 94-470(e),(f)and (g).
d)Exception allowed as per section 94-470(e),(f) and(g).
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SECTION 50.80.560
TABLE 5
PERMITTED SIGN CHARACTERISTICS BY ZONING DISTRICT
<,k
i.� q}
..:..........:z,,. <,....:....., � .. ....... .x, q..n.. ,.,q.... '<"" 't� $,.�R
Animated(b) N N N N PP N PP P N
Changeable Copy N N N P PP N P P P P
Illumination,Internal N N N P(c) P P P(c) P P P N
Illumination,External P P N P(c) P P P P(c) P P P(c)
Illumination,Surface N N N N PP N PP NN
lighted(d)
Neon N N N N P P N PP NN
Non-Illuminated P P P P P P P P P P P
Reflective P P N N PP N PP NN
P=Permitted N=Not allowed
a) This column does not represent a zoning district. It applies to institutional uses permitted in
residential districts. Such uses may include,but are not necessarily limited to churches,
schools, apartment complexes,retirement homes, funeral homes, libraries, fraternities and
sororities.
b) Light intensity shall remain consistent throughout a message,movement or scene. Flashtubes
or similar devices shall not be permitted.
c) No direct light or significant glare from the sign shall be cast onto any adjacent lot that is
zoned and used for residential purposes.
d) Any surface lighting involving motion shall be prohibited.
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SECTION 50.80.570
TABLE 6
SIGNS BY PERMIT TYPE
SIGN TYPE Permanent Non permanent MIRM
Area Identification x
Billboard x Bulletin Board x
Ground x
Incidental x
Outdoor Menu Board x
' Ion x
Residential x
Awnin: x
Awnin:,Electric x
Banner,Wall a x x
Buildin:Marker x
Cano• x
Identification x
Mari uee x
Pro'ectin: x
Roof x
Roof,Inte i . x
Sus sended x
Wall x _
Wall,Painted x
Window b x x x
Banner,Pole x
Fla: x
Inflatable x
Pennant x
Portable x
Tem i or. x
a) A permanent wall banner shall be parallel to and extend no more than 6 inches from a
building wall.
b) Window signs exempt from the permit requirements shall include,but not be limited
to, non-illuminated flyers,posters,pictures and placards intended primarily to convey
a message to pedestrians.
132