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Animals


Any person owning, keeping, harboring, or having in custody of any dog or cat over three months of age within this municipality must obtain a license as herein provided.
Persons who fail to obtain a license as required within the time period specified, will be subjected to a penalty of ten dollars ($10.00) to be paid in addition to any license fee.
It is unlawful for any person to have an animal, which is owned, kept, harbored or under his, her or their control to be at large and to go in or upon the private property or premise of others or upon any public property. Any impounded animal not claimed by the owner within five days after receiving notice shall become the property of the city and shall be placed for adoption in a suitable home or humanely euthanized.
An owner reclaiming an impounded animal shall pay the following fee in addition to the three dollar ($3.00) daily boarding cost:

a. First impoundment $30:00
b. Second impoundment within
twelve (12) month period $50.00
c. Any subsequent
impoundment within six month
period $75.00

Nuisances

"Abandoned motor vehicle" is any motor vehicle, as defined in this section, which is left unattended on any public street, alley, public place or parking lot within the city for a longer period than twenty-four (24) hours without notifying the chief of police and making arrangements for the parking of such motor vehicle.
"Junked motor vehicle" is any motor vehicle, as defined by this section, which does not have lawfully affixed thereto both an unexpired license plate or plates or the condition of
which is wrecked, dismantled, partially dismantled, inoperative or discarded, and this term shall also include any car bodies, wrecked cars, abandoned or unusable cars, or equipment of any type.
Whenever any police officer finds an abandoned motor vehicle or an unattended motor vehicle that is in a wrecked, dismantled, inoperative, junked or partially dismantled condition on
public property within the city, he or she is authorized to place written notice on the vehicle the vehicle from public property within twenty-four (24) hours of the giving of the notice. After the expiration of the twenty-four (24) hour period, the vehicle may be removed by the removal agency to a garage or place of safety.

Vehicles on private property.
No person owning, in charge of or in control of any real property within the city shall allow any abandoned, wrecked, dismantled, inoperative, junked or partially dismantled motor vehicle of any kind to remain on such property longer than five days Upon proper notice, the owner of the abandoned, wrecked, dismantled, inoperative, junked or partially dismantled motor vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.

Nuisances


The following specific acts, conditions and things are, each and all of them, declared to constitute nuisances.

1. All weeds or plants declared to be primary noxious weeds or secondary noxious weeds by the South Dakota Weed and Pest Control Commission and all other weeds and grass growing upon any lot or parcel of land in the city to a greater height than eight inches which have gone or are about to go to seed. This section does not prohibit the cultivation of crops.
2. Abandoned Property. Any deteriorated, wrecked, or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected outside of a permanent structure from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative, or partially dismantled motor vehicles (as provided in Chapter 8.04), trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar articles in such condition.
Whenever the city is informed of an alleged nuisance, the appropriate employee or agent of the city shall investigate the allegation and finds that a nuisance exists, written notice shall be given to the person creating, permitting, or maintaining such nuisance setting forth the type of nuisance and the date when the nuisance shall be abated, such date to be based on the danger to the public and shall not exceed ten (10) days.


Trees and shrubs

It shall be the duty of each property owner to trim and cut all tree limbs or branches of trees located upon his or her real property and upon the boulevard and alley areas which are adjacent to his or her property to a minimum height of twelve (12) feet above ground level to allow ample space for the movement of city maintenance and garbage disposal equipment.
It shall be the duty of the property owner or persons occupying property adjacent to any street boulevard, or parking strip, to keep all trees and overhanging branches trimmed to a clearance of ten (10) feet over the sidewalk grounds.

The City of Canton gives notice that unless the treet are trimmed that overhang the city street or right of way by October 1, 2004, the city shall remedy the condition at the owners expense.


Solicitation Peddling


License required.
No person shall deal as a peddler or solicitor, as defined, without having first procured a
license in the manner provided herein. Any peddler or solicitor, shall first make application for a license to transact business as a peddler or solicitor, as the case may be, to the finance officer

Sidewalk


All sidewalks so constructed shall be a minimum of five feet in width where there is no pre-existing, abutting sidewalk, but, where there is a pre-existing sidewalk which abuts
upon the new sidewalk to be constructed, such new sidewalk shall match the pre-existing sidewalk both in width and height in the residential district of the city, and in the business district of the city, the resolution of the board declaring the necessity shall specify the width.
It is unlawful for any person or property owner to remove an existing sidewalk without replacing the sidewalk in accordance with the specifications set forth in this chapter. Any new subdivision within the city shall provide sidewalks adjacent to all arterial and collector streets which shall be constructed in accordance \with the specifications set forth in Section 12; 08.020.


Water and sewer rates


All water customers shall be responsible for reading that customer's, water meter and reporting the reading thereof to the municipal finance officer no later than the twelfth day of each month of each year. Failure to do so shall result in the imposition of a service charge of ten dollars ($10.00) for each failure to report the meter reading. All single-family residential custome
rs requesting water

service shall first make a deposit of fifty dollars ($50.00). Non-single family residential (commercial) customers shall make a deposit of sixty-seven dollars and fifty cents ($67.50) requesting water service.
In the event the water is shut off for nonpayment of water charges, there shall be a charge of ten dollars ($10.00) for reinstating water service. Single-family residential (commercial) charges shall be based on consumption of water in each month and shall be adjusted to reflect any changes in usage.


Non-single, family residential (commercial) charges shall be based on consumption of water in each month and shall be adjusted to reflect any changes in usage. The city will not allow a person, business or other legal entity outside the corporate limits of the city access to the city's sewer system or accept any residential or commercial wastewater without being serviced by the city's water system. The charges for bulk water sales shall be as follows: twenty-five cents ($0.25) per seventy-five (75) gallons of water.
The city establishes for water and sewer services that are delinquent past the scheduled bill due date, a late fee to be assessed to the delinquent account. The amount of the late fee shall be one and one-half percent of the total water and sewer bill for each delinquent count or a minimum late fee of ten dollars ($10.00), whichever is greater.

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ORDINANCE 905 - CHANGE IN ZONING TO ALLOW FOR USAGE

AN ORDINANCE AMENDING ARTICLE 22, SCHEDULE OF DISTRICT REGULATIONS, B-2 GENERAL COMMERCIAL DISTRICT OF ORDINANCE 888 - PLANNING AND ZONING ORDINANCE FOR THE CITY OF CANTON, SOUTH DAKOTA

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANTON, SOUTH DAKOTA AS FOLLOWS:

That Ordinance No. 888, Article 22, B-2 General Commercial District of the City of Canton, South Dakota is hereby amended to read as follows:

B-2 GENERAL COMMERCIAL DISTRICT:

1) PURPOSE

The B-2 General Commercial District is intended to provide locations for business activities that serve persons in automobiles and are typically grouped along a major street or at major street and highway intersections. Regulations are designed to minimize the formation of commercial slums, to preserve the carrying capacity of streets, and to encourage provisions of adequate off-street parking and loading space. It is not the intent of this district to encourage the extension of enlargement or existing strip commercial area.

2) PERMITTED PRINCIPAL USES AND STRUCTURES

The following uses and structures shall be permitted in the B-2 General Commercial District:

a. Any permitted principal use or structures of the B-1 District;
b. Automatic or semi-automatic car wash;
c. Lumberyard;
d. Filling (gas) station, convenience stores;
e. Drive-in restaurants;
f. Display and salesrooms or lots;
g. Public buildings and grounds;
h. Structures containing multiple uses otherwise permitted in this district;
i. Warehouse and Storage establishments in completely enclosed building.

3) PERMITTED ACCESSORY USES AND STRUCTURES

The following accessory uses and structures shall be permitted in the B-2 General Commercial District:

Accessory uses and structures customarily incidental to permitted uses and which are not of a nature prohibited under “Prohibited Uses and Structures.”

4) CONDITIONAL USE PERMITS

After the provisions of this ordinance with regard to Conditional Use Permits have been complied with, the Board of Adjustment may permit as Conditional Use Permits in the B-2 General Commercial District the following uses and structures:

a. Veterinarian, animal hospitals, or kennels;
b. Tourist camp or campground;
c. Manufacture of furniture and other wood products;
d. Off-Site signs;
e. Commercial outdoor recreational facilities, including miniature golf course and driving range;
f. Repair shops, (i.e. small appliances, lawn equipment, autos, trucks);
g. Storage buildings;
h. Barbed wire, woven, and electric fences, other than buried electric pet collar activated fences, may be erected only after a conditional use permit has been obtained;
i. Residential dwellings.

5) PROHIBITED USES AND STRUCTURES

Any use not authorized as Permitted Principal Uses, Permitted Accessory Uses or Conditional Use.

6) AREA REGULATIONS

a. Minimum Lot Requirements:
There shall be no minimum lot requirement in the B-1 District. Uses permitted by Conditional Use Permit shall have a lot area and width as determined by the Board of Adjustment.

b. Minimum Yard Requirements:
Permitted uses and structures shall have a minimum setback of five (5) feet on all sides unless a lot is adjacent to or abuts upon residential district, where setbacks shall be ten (10) feet, except front yard set back must match adjoining residential twenty (20) feet.

c. Maximum Lot Coverage:
There shall be no restrictions on lot coverage in the B-1 District, other than minimum lot requirements and setbacks.

d. Maximum Height of Structures:
The maximum height of all buildings and structures shall not exceed forty-five (45) feet.

a. Minimum Off-Street Parking and Off-Street Loading Requirements:
The minimum off-street parking and off-street loading requirements shall be provided in accordance with the requirements for specific uses set forth in Article 9, Section 911.

Adopted this 13th day of September, 2004.

Pete Van Wyhe, Mayor

ATTEST:

Dan Amert
Finance Officer

First Reading: September 6, 2004
Second Reading: September 13, 2004
Final Passage and Adoption: September 13, 2004
Effective Date: October, 13, 2004
Date of Publication: September 23, 2004

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ORDINANCE #902

AN ORDINANCE ENTITLED “AN ORDINANCE AMENDING TITLE 2 OF THE REVISED ORDINANCES OF THE CITY OF CANTON, SOUTH DAKOTA


WHEREAS, the City Commission of the City of Canton, South Dakota has determined that it would be in the best interests of the City of Canton, South Dakota if the voting Precincts were amended to provide a more equitable distribution of voters based upon population; and

WHEREAS, the proposed redistricting, based upon the 2000 Census, would provide each Precinct with approximately the following number of persons and registered voters:

Precinct One Population of 625 418 Registered Voters
Precinct Two Population of 625 357 Registered Voters
Precinct Three Population of 624 311 Registered Voters
Precinct Four Population of 618 314 Registered Voters
Precinct Five Population of 617 375 Registered Voters

Section 1: THEREFORE, IT IS HEREBY ORDIANED BY THE CITY COMMISSION OF THE CITY OF CANTON, SOUTH DAKOTA, that Title 2 of the Recodified Ordinances of the City of Canton, South Dakota is amended to read as follows:


TITLE 2 – PRECINCTS

The City is hereby divided into five Precincts, as illustrated on the attached map, herein included as Exhibit “A”, and which is described as follows:

A. Precinct One – That part of the City which includes the Northern and Eastern portions of the City starting at the intersection of the northern City limits (281st Street) at Dakota Street, continuing South on Dakota Street to Elder Street, continuing East on Elder Street to Lawler Street, continuing South on Lawler Street to First Street, continuing East on First Street to the City limits at Riverview Road.

B. Precinct Two - That part of the City which includes the Northern and Western potions of the City starting at the West City limits at the intersection of West Street and Fifth Street, continuing East on Fifth Street to Bridge Street, continuing north on Bridge Street to Third Street, continuing east on Third Street to Pleasant Street, continuing south on Pleasant Street to Fifth Street, continuing East on Fifth Street to Bartlett Street, continuing North on Bartlett Street to Fourth Street, continuing east on Fourth Street to Broadway Street, continuing North on Broadway Street to Elder Street, continuing East on Elder Street to Dakota Street, then continuing North on Dakota Street to the northern City limits.

C. Precinct Three – That part of the City which includes the Southern and Western potions of the City starting at the West City limits at the intersection of West Street and Fifth Street, continuing East on Fifth Street to Bridge Street, continuing north on Bridge Street to Third Street, continuing east on Third Street to Pleasant Street, continuing south on Pleasant Street to Fifth Street, continuing East on Fifth Street to Bartlett Street, continuing South on Bartlett Street to Seventh Street, continuing east on Seventh Street to Cedar Street, then continuing South on Cedar Street to the southern City limits.

D. Precinct Four - That part of the City which includes the Southern and Eastern potions of the City starting at the intersection of the East City limits at 483rd Street, continuing West along the City Limits to the intersection of Carroll St and First Street, continuing South on Carroll Street to Third Street, continuing West on Third Street to Broadway Street, continuing South on Broadway Street to Fourth Street, continuing West on Fourth Street to Bartlett Street, continuing South on Bartlett Street to Seventh Street, continuing east on Seventh Street to Cedar Street, then continuing South on Cedar Street to the southern City limits.

E. Precinct Five - That part of the City which includes the central potions of the City starting at the intersection of Broadway and Elder Street, continuing East on Elder Street to Lawler Street, continuing South on Lawler Street to First Street, continuing East on First Street to Carroll Street, continuing South on Carroll Street to Third Street, continuing West on Third Street to Broadway Street, continuing North on Broadway Street to Elder Street,

Section Two - EFFECTIVE DATE – The effective date of this Ordinance shall be the first day of January, 2005, within the jurisdiction of the Municipality of Canton, Lincoln County, South Dakota,

Adopted this 17th day of May, 2004.

Pete Van Wyhe
Mayor


ATTEST:

Dan Amert
Finance Officer


SEAL


First Reading: May 10, 2004
Second Reading: May 17, 2004
Adoption: May 17, 2004
Date of Publication: May 27, 2004
Effective Date: January 1, 2005

 

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ORDINANCE 903 - MODEL TOWER ORDINANCE

Finance Officer Amert said the City Attorney Larry Nelson revised the proposed “Model Tower Ordinance” for the City of Canton, according to the requested changes at the August 9th meeting. Mr. Amert explained that the Ordinance would have in place the way a telecommunications tower would be erected in Canton along with the procedures to follow. Discussion followed on the proposed Ordinance. Motion moved by Commissioner Baldwin, seconded by Commissioner Bogue to approve Ordinance #903 on Second Reading. All ayes, motion carried.

ORDINANCE NO. 903

AN ORDINANCE REGULATING RADIO, TELEVISION AND COMMUNICATION TOWERS.

BE IT ORDAINED BY the City Commission of the City of Canton, South Dakota that Title 17, Zoning of the Canton Municipal Code be amended by adding a new section thereto, 17.68 Radio, Television and Communication Towers:


CHAPTER 17.68 RADIO, TELEVISION AND COMMUNICATION TOWERS

17.68.010: Supplemental Regulations.

The district regulations hereinafter set forth in this section qualify or supplemental, as the case may be, the district regulations appearing elsewhere in these Regulations.

17.68.020: Radio, Television and Wireless Communication Towers.

The Communications Act of 1934, as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunication services. The purpose of this section is to regulate towers, telecommunications facilities and antennas in the City of Canton without prohibiting or tending to prohibit any person from providing wireless telecommunication service. The placement of telecommunication facilities, towers and antennas in the City of Canton, should be located in such a manner to protect residential areas and land uses from potential adverse impact through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers and antennas are compatible with surrounding land uses.

17.68.030: Definitions. All terms in this section that are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Rules and Regulations of the Federal Communications Commission (FCC). As used in this section, the following terms shall have the following meanings:

Antenna shall mean a device, designed and intended for transmitting or receiving television, radio, or microwave signals, direct satellite service (including direct-to-home satellite service), and/or video programming services via multi-point distribution services.

Antenna Support Structure shall mean any building or structure other than a tower that can be used for location of telecommunications facilities.

Applicant shall mean any person that applies for a Tower Development Permit.

Application shall mean the process by which the owner of a tract of land within the zoning jurisdiction of the City of Canton submits a request to develop, construct, modify, or operate a tower upon a tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever form made by an applicant to the City of Canton concerning such request.

Conforming Commercial Earth Station shall mean a satellite dish which is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this regulation.

Engineer shall mean an engineer qualified and licensed by the State of South Dakota.

Owner shall mean any person with a fee simple title or a leasehold interest exceeding ten (10) years in duration to any tract of land within the zoning jurisdiction of the City of Canton who desires to develop, construct, modify, or operate a tower upon such tract of land.

Person shall mean any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Satellite Dish Antenna shall mean an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish.

Stealth shall mean any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles and trees.

Telecommunications Facilities shall mean any cables, wires, lines, wave guides, antennas, or any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:

1. Any conforming Commercial Earth Station antenna two (2) meters or less in diameter which is located on real estate zoned B-1, B-2, I-1 or I-2.

2. Any earth station antenna or satellite dish antenna of one (1) meter or less in diameter, regardless of zoning applicable to the location of the antenna.

Tower shall mean a self-supporting lattice, guyed, or monopole structure that supports Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio operators' equipment as licensed by the FCC or structure supporting an earth station antenna serving residential premises or dwelling units exclusively.

Tower Development Permit shall mean a conditional use permit issued by the City upon approval by the City Commission of an application to develop a tower within the zoning jurisdiction of the City of Canton; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this section and such other terms and conditions mandated by the City. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the permits duration unless revoked by the City and may be transferred, conveyed, and assigned by the applicant to assigns and successors-in-interest.

Tower Owner shall mean any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a Tower Development Permit.

17.68.040: Location of Towers and Construction Standards.

1. Towers shall be permitted conditional uses of land.

2. No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a Tower Development Permit by the City Commission and issuance of the permit by the City Commission. Applicants shall submit their application for a Tower Development Permit to the Zoning Administrator and shall pay a filing fee in the amount of $200.00 and an annual fee of $200.00.

3. All towers, telecommunications facilities and antennas on which construction has commenced after the effective date of this regulation shall conform to the Building Codes and all other construction standards set forth by the County, federal, and state law and applicable standards of the American National Standards Institute (ANSI). Upon completion of construction of a tower and prior to the commencement of use, the owner must obtain an engineers certification that the tower is structurally sound and is in all respects in conformance with all of the applicable regulatory standards and shall be filed with the Zoning Administrator.

17.68.050: Application to develop a Tower.

Prior to commencement of development or construction of a tower, an application shall be submitted to the Zoning Administrator for a Tower Development Permit and shall include the following information:

1. Name, address, and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower.

2. The legal description and address of the tract of land on which the tower is to be located.

3. The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a five (5) mile radius of the proposed tower, including publicly and privately owned towers, water towers and structures capable of hosting antenna or serving as an antenna support structure.

4. An affidavit attesting to the fact that the applicant has made an effort to obtain permission to install or collocate the applicants telecommunications facilities on a tower or useable antenna support structure or written technical evidence from an engineer that the applicants telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure due to the structures capacity or technical evidence from an engineers' radio frequency (RF) propagation map showing applicants' expected RF signal attenuation from all existing towers or useable antenna support structures within a five (5) mile radius of the proposed tower site and a radio frequency propagation map showing applicants' expected RF signal attenuation from the proposed tower site. The parameters inputted for all RF propagation maps must be identical with the exception of the tower coordinates and the highest available elevation of the antennas on the existing towers within a five (5) mile radius.

5. Written technical evidence from an engineer that the proposed tower will meet the established Building Code, and all other applicable construction standards set forth by the City Commission and federal and state and ANSI standards.

6. Color photo simulations showing the proposed location of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the nearest residentially used and/or zoned property and nearest roadway, street or highway.

7. Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna, manufacturers literature, appurtenances such as buildings, driveways, parking areas, and fences or other security enclosures with significant detail to allow persons reviewing the application to understand the kind and nature of the proposed facility.

8. A copy of application for and approval of tower with State Aeronautics Commission or similar state agency.

17.68.060: Tower Development Permit: Procedure.

After receipt of an application for a Tower Development Permit, the Zoning Administrator shall schedule a public hearing before the Planning Commission, following all statutory requirements for publication and notice, to consider such application. The Planning Commission shall receive testimony on the Tower Development Permit and shall submit a written recommendation to the City Commission. Upon the completion of the Planning Commission Public Hearing, the Zoning Administrator shall schedule a public hearing before the City Commission, following all statutory requirements for publication and notice, to consider such application and the written recommendation of the City Planning Commission. Notice, for each Public Hearing, shall be made at least one (1) time and at least ten (10) days prior to such hearing. In addition, the Zoning Administrator shall cause a notice to be posted in a conspicuous place on the property on which Tower Development Permit Application is pending. The Planning Commission and City Commission may approve the Tower Development Permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate, or deny the application. In all zoning districts in which towers are a permitted conditional use of land, the Tower Development Permit shall be deemed a conditional user permit for said tract of land.

17.68.070: Setbacks and Separation or Buffer Requirements.

1. All towers up to fifty (50) feet in height shall be setback on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one (1) additional foot for each foot of tower height in excess of fifty (50) feet. The height of the tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located.

2. Towers exceeding one hundred (100) feet in height may not be located in any residentially zoned district and must be separated from all residentially zoned districts and occupied structures by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater.

3. Towers of one hundred (100) feet or less in height may be located in residentially zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures by a minimum of one hundred percent (100%) of the height of the tower.

4. Towers must meet the following minimum separation requirements from other towers:

a. Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed by a minimum of seven hundred fifty (750) feet.

b. Self-supporting lattice or guyed towers shall be separated from all other self-supporting lattice or guyed towers by a minimum of one thousand five hundred (1,500) feet.

17.68.080: Structural Standards for Towers Adopted.

The Structural standards for Steel Antenna Towers and Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by regulation.

1. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential uses/zoned properties within a distance of ten (10) times the height of the tower, any tower subject to this section shall be equipped with dual mode lighting.

2. All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner that will preclude to the extent practical unauthorized climbing of said nature.

3. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the Planning Commission and City Commission as part of the application approval process.

4. All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to any and all landscaping required by the City.

17.68.090: Maintenance, Repair or Modification of Existing Towers.

All towers constructed or under construction on the date of approval of this regulation may continue in existence as a non-conforming structure and may be maintained or repaired without complying with any of the requirements of this section. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this section, including applying for and obtaining a Tower Development Permit. The application shall describe and specify all items which do not comply with this section and may request, subject to final review and approval of the City Commission, an exemption from compliance as a condition of the Tower Development Permit.

17.68.100: Inspections.

The City reserves the right to conduct inspection of towers, antenna support structures, telecommunications facilities and antenna upon reasonable notice to the tower owner or operator to determine compliance with this section and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the City's Zoning Codes and any other construction standards set forth by the County, federal, and state law or applicable ANSI standards. Inspections shall be made by either an employee of the City, or a duly appointed independent representative of the City.


17.68.110: Maintenance.

The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public.

17.68.120: Severability.

If any clause, subsection, or any other part of this section shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this section shall not be affected thereby, but shall remain in full force and effect.

Adopted this 16th day of August, 2004.


First Reading Date: August 9, 2004
Second Reading Date: August 16, 2004
Final Passage and Adoption: August 16, 2004
Effective Date: September 22, 2004
Date of publication: September 2, 2004


BOARD OF COMMISSIONERS
CITY OF CANTON, SOUTH DAKOTA
Pete Van Wyhe, Mayor

ATTEST:

Dan Amert
Municipal Finance Officer

 

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Disclaimer

The above constitute a brief summary of said ordinances. These ordinance summaries are not intended to change, alter or amend any city ordinance. The above serve only to reference to commonly asked questions. For more detailed description contact City Hall, your attorney, or the Canton Public Library.

City of Canton

210 North Dakota Street

Canton, SD., 57013

(605)987-2881

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