TABLE OF CONTENTS

ARTICLE 1:  GENERAL PROVISIONS

Chapter 1.01:  TITLE AND APPLICATION 

1.01.01   Title                                                                                        

1.01.02   Jurisdiction                                                                              

1.01.03   Intent                                                                                               

Chapter 1.02:  ORDINANCE PROVISIONS  

1.02.01   Provisions Declared to be Min. Requirements                                  

1.02.02   Penalties for Violation                                                                 

1.02.03   Separability Clause                                                                    

1.02.04   Repeal of Conflicting Ordinances                                                  

1.02.05   Effective Date                                                                                     

Chapter 1.03:  OFFICIAL ZONING MAP    

1.03.01  Adoption of Official Zoning Map                                                  

1.03.02   Changes to Official Zoning Map                                                   

1.03.03   Annexations                                                                             

ARTICLE 2:  DEFINITIONS         

Chapter 2.01:  GENERAL TERMS                                                                       

Chapter 2.02:  WORDS AND PHRASES                                                              

ARTICLE 3:  REGULATIONS      

Chapter 3.01:  CITY-WIDE REGULATIONS

3.01.01  Visibility at Intersections                                                             

3.01.02   Accessory Buildings                                                                           

3.01.03  Structures to Have Access                                                           

3.01.04   Manufactured Homes (outside of an approved MHP)                       

3.01.05   Manufactured Home Parks                                                          

3.01.06   Off-Street Parking Spaces (TABLE 1)                                             

3.01.07   Signs                                                                                      

3.01.08   Permitted Signs                                                                         

3.01.09   Private Wastewater Treatment Systems (Septic Tanks)                      

3.01.10   Permanent Foundations Required for Dwellings                               

3.01.11   Fences                                                                                    

3.01.12   Construction of More Than One Principal Structure on a Lot              

Chapter 3.02:  NON-CONFORMING USES  

3.02.01   Uses and Structures   

3.02.02   Lots of Record                                                                          

Chapter 3.03:  DISTRICT REGULATIONS   

3.03.01  Generally                                                                                  

3.03.02   Application of District Regulations                                                         

3.03.03   Zoning Districts                                                                        

3.03.04   Interpretation of District Boundaries                                              

3.03.05   District Regulations Established                                                   

                DISTRICT                                            

3.03.05 (A) A: Agricultural                             

3.03.05 (B) B-1: Central Business                     

3.03.05 (C) B-2: General Business                    

3.03.05 (D) F: Floodplain                               

3.03.05 (E) I-1: Light Industrial                        

3.03.05 (F) I-2: General Industrial                     

3.03.05 (G) R-1: Residential                            

3.03.05 (H) R-2: Manufactured Housing  

ARTICLE 4:  ADMINISTRATION                                                          

Chapter 4.01:  GENERALLY  

4.01.01  Applications and Fee Schedule                                                     

4.01.02   Issuance of Permits                                                                    

4.01.03   Expiration of Permits                                                                            

Chapter 4.02:  ZONING ADMINISTRATOR

4.02.01  Establishment and Purpose                                                          

4.02.02   Duties                                                                                               

4.02.03   Powers                                                                                     

Chapter 4.03:  BOARD OF ADJUSTMENT 

4.03.01  Establishment                                                                                     

4.03.02   Procedures for Meetings                                                             

4.03.03   Powers and Duties                                                                     

Chapter 4.04:  PROCEDURES FOR APPLICATIONS         

4.04.01   Building, Moving, and Demolition Permits                                      

4.04.02   Conditional Use Permits                                                              

4.04.03   Variances                                                                                 

4.04.04   Amendments                                                                                      

Chapter 4.05:  APPEALS      

4.05.01   Generally                                                                                 

4.05.02   Procedures                                                                                                                                                                                                                                                   

ARTICLE 1

GENERAL PROVISIONS

CHAPTER 1.01: TITLE AND APPLICATION

CHAPTER 1.02: ORDINANCE PROVISIONS

CHAPTER 1.03: OFFICIAL ZONING MAP

Chapter 1.01  TITLE AND APPLICATION

1.01.01  Title.  This ordinance shall be known and referred to as "The Zoning Ordinance of the City of Marion, South Dakota."  This ordinance shall include any and all provisions of the document titled Zoning Regulations, which is adopted by reference as a part of this ordinance.

1.01.02  Jurisdiction.  The provisions of this ordinance shall apply to all territory within the boundaries of the City of Marion, South Dakota, as established on the Official Zoning Map of the City of Marion.

1.01.03  Intent.  This ordinance has been prepared in accordance with a Comprehensive Plan for the City and is designed to coordinate physical development of the community with needs for public services and facilities, and to conserve the value of real estate by encouraging the most appropriate use of land.

The following specific purposes for this ordinance are hereby identified:

          * to provide for the orderly growth and development of the community;

* to lessen congestion in the streets;

* to secure safety from fire, panic and other dangers;

* to promote public morals, health and the general welfare;

* to provide adequate light and air;

* to prevent the overcrowding of land;

* to conserve the value of property;

* to encourage the most appropriate uses of land; and

* to facilitate the adequate provision of transportation, utilities, schools, parks and other public facilities.

Chapter 1.02  ORDINANCE PROVISIONS

1.02.01  Provisions of Ordinance Declared to be Minimum Requirements.  In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare.  Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.

1.02.02  Penalties for Violation.  Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations of conditions established in the granting of Variances or Conditional Uses, shall constitute a misdemeanor.  Each day such violation continues shall be considered a separate offense.  The owner or tenant of any building, structure or premises, any architect, builder, contractor, agent or other person who commits, maintains, assists in or participates in such violation may be found guilty of a separate offense and suffer the penalties provided.  Any person who violates the provisions of this Chapter shall be deemed to have engaged in a public nuisance as defined by SDCL Chapter 21-10 and the City of Marion, or the Zoning Administrator, may proceed to abate the nuisance as allowed by South Dakota law.

1.02.03  Separability Clause.  Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part other than the part so declared to be unconstitutional or invalid.

1.02.04  Repeal of Conflicting Ordinances.  All prior ordinances or parts of prior ordinances in conflict with this ordinance are hereby declared repealed.

1.02.05   Effective Date.   These regulations shall be in full force and effect from and after their passage, approval, publication and effective date of the Zoning Ordinance of the City of Marion, as provided for by South Dakota law.

Chapter 1.03  OFFICIAL ZONING MAP

1.03.01  Adoption of Official Zoning Map.  The Official Zoning Map for the City of Marion, on record with the Zoning Administrator and the Finance Officer, is hereby adopted by reference and declared to be a part of this ordinance.

1.03.02  Changes to Official Zoning Map.  Changes to or replacement of the Official Zoning Map shall require amendment of these regulations by ordinance, as provided for in 4.04.04 of these regulations.

1.03.03  Annexations.  In all territories which may hereafter be annexed to the City of Marion, the zoning districts as they exist in Turner County shall continue, unless and until such time as the area is rezoned by amendment of these regulations by ordinance, as provided for in 4.04.04 of these regulations.

 ARTICLE 2

DEFINITIONS

CHAPTER 2.01: GENERAL TERMS

CHAPTER 2.02: WORDS AND PHRASES

Chapter 2.01   GENERAL TERMS

For the purpose of this ordinance, certain terms and words are defined. 

The present tense includes the future tense;

The singular number includes the plural;

The plural number includes the singular;

Lot includes the words "plot" or "parcel";

May is permissive;

Shall is mandatory, and;

Person, in addition to an individual, includes the following terms:  "firm", "association", "organization", "partnership", "trust", "company" or "corporation".

Chapter 2.02  WORDS AND PHRASES

Accessory.  As applied to use or structure, means customarily subordinate or incidental to, and located on the same lot with such use or structure.

Amusement Areas and Facilities.  Any buildings, areas, plots or parcels of land which are set aside for the purpose of amusement of paying clients.  Such areas and facilities include those located indoors and outdoors.  Examples of amusement areas and facilities include: Miniature golf courses, amusement parks, arcades and theaters.

Board of Adjustment.  Public and quasi-judicial agency charged with the duty to hear and determine zoning appeals.  The Mayor and City Council of Marion shall act as the Board of Adjustment.

Boarding House.  A building other than a motel, hotel or restaurant, where lodging and meals are provided for 3 or more persons, but not exceeding 10 persons, and not open to the public or transients.

Building.  Any structure, including a roof supported by posts or columns, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.  The word "building” shall include the word "structure".

Building Height.  The vertical distance from the established average finished grade at the building line to the highest point of the building.

Buildable Area.  The portion of a lot remaining after all required yards have been provided.

Conditional Use Permit.  A permit providing for a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, or general welfare.  The Board of Adjustment may permit such uses when specific provision is made in the zoning district regulations.  Such a permit may be granted upon the recommendation of the planning and zoning commission to the Board of Adjustment.

Day Care Center.  Any operation which provides child care services.  To be considered a Day Care Center under these regulations, such operation must be licensed by the State of South Dakota.

District.  A section of the City for which regulations governing the use of land, the construction and use of buildings and the occupancy of premises are hereby made.

Dwelling, Farm.  Any dwelling located on a farming operation, which is used or intended for use as a residence by the farm's owner, relative of the owner, or a person employed on the premises.

Dwelling, Manufactured Home.  ^{SDCL 34-34A-1.1}  A manufactured home is a structure that meets the following requirements:

(1)      It is transportable in 1 or more sections; and

(2)      Its body is 8 or more feet wide or 40 or more feet long in the traveling mode, or it occupies 320 or more square feet when erected on a site; and

(3)      It is built on a permanent chassis; and

(4)      It is designed to be used as a dwelling with or without a permanent foundation when it is connected to the required utilities; and

(5)      It is a factory-built, single-family structure that meets or exceeds the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code.

Dwelling, Modular Home.  A modular home is a structure that meets the following requirements:

          (1)      It is transported to a site on a trailer, in 1 or more sections; and

          (2)      It is designed for assembly on-site and attachment to a permanent foundation; and

(3)      It does not have an axle, hitch or other equipment designed to make it transportable without the use of a trailer.

Dwelling, Multiple_Family. A residential building containing three or more household units including apartments, condominiums, and town houses.

Dwelling, Single Family.  A detached residential building, other than a manufactured home but including modular homes, containing one (1) household unit and conforming to UBC standards. 

Dwelling, Two-Family.  A detached residential building containing two household units.

Dwelling Unit.  One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease, containing independent cooking and sleeping facilities, and physically separated from any other rooms or dwelling units which may be in the same structure.

Family.  One or more persons occupying a single dwelling unit, provided that no such group of persons includes more than 5 persons who are not related by blood or marriage.  Domestic servants employed on the premises shall not be counted as a separate family or families.

Farm.  A bonafide business for the production of agricultural products, but specifically excluding greenhouses, horticultural nurseries, kennels, and the incidental use of horses, dogs or other animals, and similar operations.

Feedlot, Commercial.  A business establishment at which occurs the feeding of livestock.

Fence.  A railing, wall or other means of enclosing a yard, garden, field, farm or like area, to show where it ends or to keep people or animals in or out.  This definition is not intended to include dog kennels.  

Filling Station.  Buildings and premises where gasoline, oil, grease, batteries, tires and other automobile accessories may be supplied, dispensed and serviced at retail, but where the following activities are not carried out as a normal part of doing business:

            1)       Major mechanical work, involving removal of the head or crankcase;

2)       Auto bodywork, including straightening of auto body parts;

3)       Painting or welding of any automobile parts;

4)       Storage of automobiles not in operating condition, and;

5)       Any other automobile work which involves noise, glare, fumes, smoke, or other characteristics not normally found at places which sell gasoline at retail.

Floodplain.  Land that may be submerged by floodwaters.

Home Occupation.  An occupation or profession conducted in a dwelling unit, provided that:

a)       No person other than members of the family residing on the premises shall be engaged in such occupation;

b)       The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.  Not more than 25% of the living area of the dwelling unit shall be used in the conduct of the home occupation, and no home occupation shall be conducted in any accessory building;

c)       There shall be no commodity sold in connection with such home occupation, except that which is prepared in the dwelling or except that which is furnished in connection with the service rendered;

d)       There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than 1 non-illuminated sign which may be either one-sided or two-sided.  Such sign shall not exceed 32 square feet in area in the Agricultural District or 4 square feet in area in any Residential district;

e)       No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street;

f)        No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot;

g)       Notwithstanding the preceding standards, any operation which provides care for more than 12 children in a 24-hour period shall not be considered a home occupation.

Hotel or Motel.  A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are 4 or more guest rooms, and which is open to the public and transients.

Kennel.   A place where dogs are bred or boarded.

Lagoon.  A shallow, man-made pond for the holding or processing of human or livestock sewage.

Loading Space, Off-Street.  Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled.  Required off-street loading space shall not be included as a part of off-street parking space in the computation of required off-street parking space.

Lot.  A tract, plot, outlot, or portion of a subdivision or other parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required.

Lot Depth.  The horizontal distance between the front and rear lot lines.

Lot Frontage.  The portion of a lot nearest the street.  For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.  Minimum frontage for lots located on cul-de-sacs shall be determined as the average of the widest and narrowest width of the lot.

Lot Line.  The boundary of a parcel of land, as legally recorded.

Lot of Record.  A lot or parcel of land, the deed of which has been recorded in the office of the Turner County Register of Deeds prior to the adoption of this ordinance.

Lot Width.  The distance between straight lines connecting front and rear lot lines at each side of the lot.

Manufactured Home Park.  Contiguous lots where four or more manufactured homes are parked for living or sleeping purposes, or where spaces or lots are set aside or offered for sale or rent for use by manufactured homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of manufactured homes on such premises.

Nonconforming Use.  Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment which does not conform after the passage of this ordinance or amendment with the use regulation of the district in which it is situated. 

Outdoor Advertising Business.  Provision of outdoor displays or display space on a lease or rental basis only.

Parcel.  A contiguous quantity of land in possession of, owned by or recorded as property of the same claimant person or company.

Parking Space, Off Street.   An area, enclosed or unenclosed, sufficient in size to store 1 automobile, not less than 10 feet wide and 20 feet long, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Parks and Recreation Areas.  Any buildings, areas, plots or parcels of land which are set aside for the purpose of providing for the enjoyment and preservation of the outdoors and/or historic sites.  Parks and Recreation Areas include, but are not limited to, swimming pools, hiking & horseback trails, wilderness areas, boat landings, playing fields, primitive campgrounds, campgrounds with modern facilities, and fairgrounds.

Permanent Foundation.  A continuous foundation around the perimeter of a structure, which, at bottom, extends no less than 48 inches below the surface of the ground.

Personal Service Business. A business that primarily provides services of a personal nature including, but not limited to, hair grooming, skin care, massage therapy, tattooing or tanning beds.

Pole or Steel Building.  Any building or structure which is of a type typically constructed for storage, commonly used for farm storage or commercial or business purposes, which is primarily constructed with steel or plastic materials and siding, or which has side walls of greater than ten feet or that are greater than forty feet in dimension, including, but not limited to, buildings that utilize poles or beams as a means of support of the structure.  This definition shall not be deemed to apply to steel, aluminum, or similar siding of a type which is commonly utilized for residential siding.

Private Garage.  A building used for the storage of vehicles owned and used by the owner or legal tenant of the lot on which it is erected.

Salvage Yard.  Any area where waste, discarded or salvaged materials are bought, sold, stored, exchanged, baled or packed, disassembled or handled, including dismantling or wrecking of automobiles or other vehicles or machinery.

Set Back.  The minimum distance from a building or any projection thereof to the adjacent lot line.

Signs.  Any device, designed to inform or attract the attention of persons not on the premises on which such sign is located, not including the following:

a)        Signs not exceeding 1.5 square feet in area;

b)       Signs bearing only property numbers, post box numbers, names of residents of the premises or other identification of the premises not having commercial connotations;

c)        Flags and insignia of any government, except when displayed in connection with commercial promotion;

d)       Legal notices, and identification, informational or directional signs erected or required by government bodies;

e)        Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights, and;

f)        Signs directing or regulating traffic and parking on public or private property, but bearing no advertising matter.

Signs, Method of Determining Number.  For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit.  Where matter is displayed in a random manner without an organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. 

Signs, Method of Determining Surface Area.  For the purposes of determining the surface area of a sign, the entire area within a regular geometric form or combination of regular geometric forms comprising all elements of the matter displayed, but not including frames or structural members not bearing advertising, shall be considered the surface area of a sign.

Sign, Offsite.  A sign other than an on site sign and including an outdoor advertising sign, or devise and billboard not relating in subject matter to the use or activity of the premises on which such sign is located.

Sign, On site.  A sign relating in subject matter to the premises on which such sign is located, or to products, accommodations, services, or activities on the premises.  On site signs do not include signs erected by outdoor advertising businesses in the conduct of advertising business.

Solid Waste Disposal Facility.  Any facility which accepts, for final disposal, any type of garbage, refuse or solid waste.

Solid Waste Transfer, Processing or Recycling Facility.  Any facility which accepts, for processing, re-use, resource recovery or transfer to a Solid Waste Disposal Facility, any type of garbage, refuse or solid waste.

Street Line.  The line delineating the edge of the right-of-way of a street, road or highway.

Structure.  Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.  Examples of structures include antennas, buildings, dugouts, fences, lagoons, manufactured homes, signs, swimming pools and walls.

Subdivision.   Any land, vacant or improved, which has been divided or is proposed for division into two or more lots, tracts or parcels for the purpose of sale or development, whether immediate or future.

Variance.  A variance is a relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result or the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.  As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. 

Waters of the State.  All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.

Yard.  An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance.

a)       Yard, Front.  A yard along the front of any building and along a street right-of-way.

b)       Yard, Side.  A yard along the side of any building.

c)       Yard, Rear.  A yard extending across the rear of the lot between inner side yard lines.  In the case of through lots and corner lots, there shall be no rear yards, but only front and side yards.

 ARTICLE 3

REGULATIONS

CHAPTER 3.01: CITY-WIDE REGULATIONS

CHAPTER 3.02: NON-CONFORMING USES

CHAPTER 3.03: DISTRICT REGULATIONS

Chapter 3.01  CITY-WIDE REGULATIONS

3.01.01  Visibility at Intersections.  On a corner lot in any district except Commercial, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2.5 feet and 10 feet above the center line grades of the intersecting streets in the area within 50 feet of the intersection of the center lines of the streets. 

3.01.02 Accessory Buildings.  An accessory building is a structure which may be considered customarily incident and similar to the character of uses in residential districts, and which in no way is objectionable or detrimental to the character, intent and purpose of the district in which it is located.  In any district, more than one structure housing a permitted use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.  Special requirements for accessory buildings are as follows:

*        No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within 5 feet of any side or rear lot line.

*        Any accessory building which covers more than 48 square feet shall be secured to the ground to prevent the structure from being moved or damaged by high winds.

3.01.03 Structures to Have Access.  Every building constructed or moved shall be on a lot adjacent to a public street, or with access to an approved private drive, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off street parking.

3.01.04 Manufactured Homes (outside of an approved Manufactured Home Park)

(A)     No building permit for the location of a manufactured home shall be issued until a Conditional Use Permit has been approved by the Board of Adjustment.  The Board of Adjustment shall not approve a Conditional Use Permit unless the following performance standards will be met:

(1)       The manufactured home shall meet or exceed the current federal Manufactured Home Construction and Safety Standards. 

(2)       No more than 1 manufactured home shall be located on a lot of record.  No manufactured home shall be placed on any lot that has an existing residence.

(3)       Each manufactured home shall meet the minimum yard requirements for the district in which it is located.  Yard requirements are as follows:

                    District                                       Front            Side              Rear

                    A-1 Agricultural                           75 feet           30 feet           50 feet

                    R-1 Residential                             25 feet           5 feet            5 feet

                    R-2 Manufactured Housing            25 feet           7 feet            10 feet

(4)       Each manufactured home shall be properly secured to the ground with either a permanent foundation extending no less than 4 feet below grade, or with tie downs installed as recommended by the manufacturer, but in no event more than 12 feet apart along the perimeter of the structure.  Such tie downs shall extend down no less than 4 feet below grade.

(5)       Each manufactured home shall be skirted with material approved by the administrative official.  Skirting shall be installed as recommended by the manufacturer.  Skirting shall be of a material which is compatible with the appearance and condition of neighboring dwelling units.  Appropriate materials shall include commercially manufactured colored steel, fiberglass, plastic, or masonry materials.  Tie downs and skirting shall be installed prior to occupancy.

(6)       The applicant shall secure written consent of no less than 90% of the owners of real property within 150 feet of parcel on which the manufactured home is to be located.  Streets, alleys and other public right-of-way shall not be included when calculating the 150-foot distance. 

For the purposes of this section, owners of real property shall be considered to be one owner even if the property owner actually owns two or more parcels of real property within the 150 foot distance.

(7)       Each manufactured home shall be connected to the municipal wastewater collection system and municipal water supply system.

(8)       The manufactured home shall be aesthetically compatible with neighboring dwelling units, including but not limited to the following factors: width, length, area, number of stories, siding and roofing materials, roof style and pitch, and condition.

(9)       Notwithstanding the above rules listed in (1) through (8), a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon, for a period not to exceed 180 days.  The City Council may grant an extension to this time limit if there is evidence of substantial progress on the house.

3.01.05  Manufactured Home Parks.  A manufactured home park may be developed in certain districts as a Conditional Use, as specified in Chapter 3.03 - District Regulations.  To be granted a R-2 zoning designation, a manufactured home park shall at minimum, meet all of the following requirements:

(A)     The applicant shall present plans and specifications for the proposed park in a form suitable for making the determinations required herein; these shall include the legal and locational description of the property and maps showing the layout, dimensions, streets, utility lines, lots, locations of manufactured homes and other buildings, and any other information which the Zoning Administrator deems necessary for the Planning Commission to recommend and the Board of Adjustment to approve an R-2 zoning designation.

(B)      There shall be a site of no less than 2 acres (87,120 square feet).

(C)      Each manufactured home installed on site shall meet or exceed the current federal Manufactured Home Construction and Safety Standards.

(D)      Each manufactured home unit shall be located on a lot having an area of not less than 6,000 square feet.

(E)      Each manufactured home lot shall have a minimum lot width of 60 feet.

(F)            Each manufactured home shall have a minimum front yard of 25 feet, minimum side yards of 7 feet, and a minimum rear yard of 10 feet.  In no instance shall any addition or appurtenance to a manufactured home, nor any accessory building, be located in a required yard.  In determining minimum yard requirements, distances shall be measured from the lot lines in the same manner as lots which abut on a public right-of-way.

(G)      Each manufactured home lot shall abut or face a clear unoccupied roadway or street.  Such roadway or street shall have an all weather surface or at least 36 feet in width where parking is permitted on 2 sides.

(H)      The manufactured home park shall be located on a well-drained area, and the premises shall be properly graded to prevent the accumulation of storm or other waters.

(I)       The manufactured home park shall be surrounded by a landscaped strip of open space 25 feet wide along all boundaries of the manufactured home park.  Such landscaped strip may include property required by the yard requirements in this section.

(J)             If an individual manufactured home, which does not meet the standards of this section, but has been allowed to continue as a non-conforming use, is moved out of a manufactured home park, then any manufactured home installed in its place shall comply with all of the requirements of this section.

(K)           Each manufactured home shall be properly secured to the ground with tie downs installed as recommended by the manufacturer, but in no event more than 12 feet apart along the perimeter of the structure.  Such tie downs shall extend down no less than 4 feet below grade.

(L)            Each manufactured home shall be skirted with material approved by the administrative official.  Skirting shall be installed as recommended by the manufacturer. 

Skirting shall be of a material which is compatible with the appearance and condition of neighboring dwelling units.  Appropriate materials shall include commercially manufactured colored steel, fiberglass, plastic, or masonry materials.  Tie downs and skirting shall be installed prior to occupancy.

3.01.06  Off-Street Parking Spaces.  In computing the number of required off street parking spaces the floor area shall mean the gross floor area of the specific use, excluding any floor or portion used for parking.  Where fractional spaces result, the parking spaces required shall be the nearest whole number.  The parking requirements in this section shall not be applicable to property in the B-1 Central Business District.  For the number of off-street parking and loading spaces required in all other districts, see TABLE 1 below:

TABLE 1:  Minimum Off Street Parking & Loading Requirements