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Zoning Regulations CITY OF BOX ELDER TITLE 15 CHAPTER 153: ZONING REGULATIONS SECTION PAGE General Provisions 153.001: Title 153-6 153.002: Short Title 153-6 153.003: Purpose and jurisdiction 153-6 153.004: Definitions 153-6 153.005: Severability and Separability 153-31 Adoption of a Comprehensive Plan, a Major Street Plan, Regulations, and Codes 153.015 Adoption of a comprehensive plan 153-31 153.016 Adoption of a major street plan 153-31 153.017 Adoption of flood damage prevention regulations 153-31 Permit Regulations 153.055 General permit requirements 153-32 153.056 Approach permit requirements 153-32 153.057 Conditional use permit requirements 153-33 153.058 Grading permit requirements 153-33 153.060 Manufactured home park requirements 153-34 153.061 Moving permit requirements 153-34 153.062 Inspection of factory-built homes 153-35 153.063 Structure parking permit requirements 153-35 153.064 Grounds for moving or parking permit denial 153-36 Zoning Regulations 153.095 Purpose 153-36 153.096 General regulations 153-36 153.097 Zoning districts and the zoning map 153-38 153.098 Rules for interpretation of zoning district boundaries 153-39 153.099 Conditional use permits 153-40 153.100 District regulations 153-41 (A) Agricultural District (AD3) 153-41 (B) Park Land District (PK) 153-44 (C) Public Land District (PUB) 153-46 (D) General Residential District I (Low Density) (GR-1) 153-48 (E) General Residential District II (Moderate Density) (GR-2) 153-53 (F) Mixed Use Residential (High Density) (GR-3) 153-59 153-1 CITY OF BOX ELDER TITLE 15 SECTION PAGE (G) Residential - Manufactured Single Family Homes + (High Density) (GR-4) 153-61 (H) General Commercial District (GC) 153-65 (I) Highway Service District (HS) 153-69 (J) General Light Industrial District (GLID) 153-73 (K) Heavy Industrial District (HID) 153-81 (L) Open Space or Floodway District (OS) 153-88 (M) Transitional District (NU) 153-89 (N) Planned Development Overlay District (PD) 153-89 153.101 Air Installation Compatible Use Overlay Zones (AICUZ) 153-96 (A) Primary Surface Protection Zone (PSZ) 153-97 (B) Transition Surface Protection Zone (TSZ) 153-97 (C) Clear Zone (CLZ) 153-97 (D) Accident Potential Zone One with Greater Than 79Dba Noise Zone (180z) 153-98 (E) Accident Potential Zone One with 75 TO 79 dBA Noise Zone (175Z) 153-98 (F) Accident Potential Zone Two with Greater Than 79dBA Noise Zone (280Z) 153-99 (G) Accident Potential Zone Two with 75 TO 79 dBA Noise Zone (275Z) 153-99 (H) Accident Potential Zone Two with 70 TO 74dBA Noise Zone (270Z) 153-99 (I) Noise Zone Greater Than 79 dBA (80Z)) 153-100 (J) Noise Zone From 75 TO 79 dBA (75Z) 153-100 (K) Noise Zone From 70 TO 74 dBA (70Z) 153-101 (L) Noise Zone From 65 TO 69 dBA (65Z) 153-101 (M) Inner Approach/Departure Zone (IAZ) 153-102 (N) Circling Traffic Pattern Protection Zone (CTZ) 153-103 (O) Aviation Hazard Zone (AHZ) 153-104 153.102 Supplementary Regulations 153-105 (A) Adult Oriented Businesses 153-105 (B) Fences 153-105 (C) Flood Hazard Areas 153-105 (D) Home Occupations 153-105 (E) Manufactured Parks/Courts/Subdivisions 153-105 (F) On-Site Sewage Disposal System 153-110 (G) Recreational Vehicles 153-110 (H) Public and Private Utilities 153-110 (I) Storage Sheds 153-111 (J) Signs and Outdoor Advertising 153-111 (K) Telecommunications Facilities 153-111 (L) Wind Energy Systems 153-113 (M) Cemetery 153-115 (N) Drive-In theater 153-115 (O) Automotive Wrecking and Junk Yards 153-116 153-2 CITY OF BOX ELDER TITLE 15 SECTION PAGE (P) Private Day Nurseries and Kindergartens 153-116 (Q) Accessory Uses 153-116 (R) Height 153-117 (S) Yard, Building Setback and Open Space Exceptions 153-117 (T) Gasoline Service Stations 153-119 (U) Customary Home Occupation 153-120 (V) Temporary Uses 153-121 (W) Tents 153-122 (X) Swimming Pools 153-122 (Y) Supplemental Regulations for Temporary Camping at a Residence within the City of Box Elder 153-123 (Z) Supplemental Regulations Related to RV Campground And Recreational Vehicle Park 153-126 (AA) Supplemental Regulations Related to Wind Energy Systems 153-129 (AB) Minimum Off Street Parking Regulations 153-141 153.103 Nonconforming use of land or structures 153-147 153.104 Board of Adjustment 153-149 153.105 Zoning Variances 153-150 153.106 Conditional Use Permits 153-152 153.107 Zoning Amendments 153-158 153.108 Fees 153-160 153.109 Penalties 153-160 153.110 Validity 153-160 153.111 Conflicts with other laws 153-160 153.112 Repealer 153-161 Appendix A: Summary of bulk regulations Table 153.101 "A" AICUZ - Compatible Use Matrix 153-162 153-3 CITY OF BOX ELDER TITLE 15 Page Intentionally Left Blank 153-4 CITY OF BOX ELDER TITLE 15 Page Intentionally Left Blank 153-5 CITY OF BOX ELDER TITLE 15 GENERAL PROVISIONS 153.001: TITLE: In accordance with SDCL 11-4-1, this Ordinance is created to provide for the establishment of zoning districts within which the proper use of land and natural resources shall be encouraged and regulated; to establish minimum standards for open space, building and population density; to regulate the occupancy and use of dwellings, buildings and structures, including tent and trailer coaches, that may hereafter be erected, altered or moved; to provide for the administration thereof; to provide for a method of amending; to provide for the conflicts with other acts, ordinances or regulations; to provide for the collection of fees for the furtherance of the purpose of this Ordinance to provide for petitions and public hearings; to provide for appeals and for the organization and procedure of the Board of Adjustment; and to provide for penalties for the violation of this Ordinance. 153.002: SHORT TITLE: These regulations shall be known and may be cited as “THE CITY OF BOX ELDER ZONING ORDINANCE”. 153.003: PURPOSE AND JURISDICTION: (A) This is an ordinance regulating planning and zoning within the jurisdiction of the city of Box Elder. The Common Council of the city has deemed these regulations and controls to be reasonable and reasonably related to the needs of the residents of Box Elder and, where applicable, the surrounding area. Therefore, to eliminate conflict with these regulations, Ordinances No. 50, 81, 82, 108, 136, 371, 372, 375, 376, 386, 406, 409, 434, 442, 443, 444, 447, 453, 456, 467, 473, and 474, 498, 502, 511, 517, 518 and 478 of the Box Elder Municipal Code are hereby repealed in their entirety. (B) Jurisdiction. This chapter shall govern all territory within the statutory jurisdiction of the city for the purpose of promoting the health, safety, and general welfare of the community. 153.004 DEFINITIONS: For the purpose of this ordinance and in order to carry out the provisions and intentions as set forth herein, certain words, terms and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural include the singular; the word "person" includes the partnership or corporation as well as an individual; the word “lot” includes the words "plot" or "parcel", the word "building" includes the word "structure", the term "shall" is always mandatory and not directory; and the word "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied. 153-6 CITY OF BOX ELDER TITLE 15 The following words, terms and phrases are hereby defined and shall be interpreted as such throughout this ordinance. Terms not herein defined shall have the meaning customarily assigned to them. Words or phrases, which herein are not defined, shall have their common meaning as described in a dictionary. ABANDONED MOTOR VEHICLE: Any motor vehicle that is left in one location on public property or on private property without the consent of the owner thereof for a continuous period of more than seventy-two hours. ACCESSORY BUILDING: A building, not over one (1) story in height, detached from a principal building, located on the same lot as the principal building, and customarily incidental and subordinate to the principal building, such as a detached garage or storage shed. An accessory building does not include any dwelling unit(s) or living quarters. ACCESSORY USE: A use of land or of a building or portion thereof customarily incidental, necessary, and subordinate to the principal use of the land or building and located on the same lot with the principal use. An accessory use may only be constructed in conjunction with the issuance of a building permit for, or following the construction of, a primary use. In the case of adjoining lots under common ownership, an accessory use shall only be constructed on the same lot(s) as the primary use. ACCIDENT POTENTIAL ZONE (APZ): Two areas (APZ 1 & APZ 2) near the end of a runway that have been found to have significant statistical probability for aircraft accidents such that land use restrictions are appropriate to prevent concentrations of people and limit resident density. ADULT ORIENTED BUSINESS (AOB): An establishment as described and regulated by SDCL Chapter 11-12. AGENCY:. The city council and any officer, employee, department, division, or other agency of the City of Box Elder, including boards and commissions, but excludes the municipal court. AGRICULTURE: The production, storage, keeping, harvesting, boarding, or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages (hay) and sod crops; grains and seed crops; 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.
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