Planning and Zoning Meeting

Planning and Zoning Meeting Tuesday, September 9, 2025 Tea City Hall - 600 E. 1st Street Page 1. Call to Order 2. Informational Items 3. Approval of Consent Agenda Minutes 3-4 P&Z Minutes 8-26-25.docx 4. Approval of the Regular Agenda 5. Old Business 6. New Business Zoning Ordinances 5 - 19 ORDINANCE - Chapter 11 Partial Update - Final Draft.pdf 7. Other Business a. Snow Removal Ordinance 20 - 21 Ordinance 198 - Snow Removal DRAFT 8-20-25.docx 8. Adjournment Access the City Council Agenda on the web – www.teasd.com In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the meeting, please contact the City Administrator at (605) 498-5195. Anyone who is deaf, hard-of-hearing or speech-disabled may utilize Relay South Dakota at (800) 877-1113 (TTY/Voice). Notification 48 hours prior to the hearing will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 1 of 21 Please place your cell phones on vibrate for the duration of the meeting to avoid any unnecessary disruptions. Page 2 of 21 Planning and Zoning Meeting August 26th, 2025 5:30 PM Tea City Hall 1. Call to Order Vice-Chair Todd Boots called the meeting to order at 5:36 p.m. with the following board members present: Stan Montileaux, and Bob Venard. Chair Joe Munson and Barry Maag were not in attendance. Also present were City Hall staff members Albert Schmidt, Community Development Director, and Ellen Martin, Assistant Planner. 2. Information Items a. None 3. Approval of Consent Agenda a. August 12th, 2025 Minutes b. Plat of Lot A of Stuntebeck’s Addition to the City of Tea, Lincoln County, SD Motion by Venard, Seconded by Montileaux, to approve the consent agenda. All members voted AYE. 4. Approval of Regular Agenda Motion by Venard, Seconded by Montileaux, to approve the regular agenda. All members voted AYE. 5. Old Business a. None 6. New Business a. Public Hearing: Rezone 25-01: Parts of Lot 1B, Tempo Addition in the City of Tea, Lincoln County, South Dakota, from NRC- Natural Resource Conservation to PD-Planned Development A resident living adjacent to the Tempo Addition attended the meeting to urge the Planning Commission to carefully consider the potential impacts on the surrounding neighborhood. The resident requested the implementation of mitigation strategies—such as buffers and enhanced landscaping—to help preserve the neighborhood’s character and maintain cohesion among properties. Brian Smit, the developer of the Tempo Addition, was present to address questions from the Commission. He highlighted the development’s intent to provide amenities that benefit the surrounding neighborhood and noted existing interest from both current residents and prospective homebuyers. Mr. Smit emphasized that the goal is to construct high-quality buildings designed to complement, rather than detract from, the character of the existing homes in the area. Page 3 of 21  Motion by Montileaux, Seconded by Venard to recommend approval of Rezone 25-01. All members voted AYE. 7. Other business a. Chapter 11-Zoning Ordinance Review No motion taken b. Projects Update No motion taken 8. Adjournment Motion by Venard, Seconded by Montileaux, to adjourn the meeting at 6:32 p.m. All members voted AYE. Page 4 of 21  ORDINANCE NO. ___ AN ORDINANCE AMENDING CHAPTER 11 SECTIONS 1 TO 8 OF THE ZONING REGULATIONS OF THE CITY OF TEA, LINCOLN COUNTY, SOUTH DAKOTA. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TEA, LINCOLN COUNTY, SOUTH DAKOTA: Section 1. That Section 11.01 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.01 Basics of Measuring A. All distances in the Zoning Ordinance that include a standard for separation distances of forms or uses shall be measured from the closest point of the outside wall of the proposed use to the closest point of the property line for the land uses requiring separation, unless specifically stated otherwise. B. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate property line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography of the land. C. All numbers shall be rounded to the nearest whole number except for bulk regulations which should be rounded to the nearest one-tenth of an inch. Section 2. That Section 11.02 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.02 Adult Uses It is recognized that there are some uses which are recognized as having serious objectionable operational characteristics, and are not compatible with certain uses. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. A. No adult use may be established, operated, or maintained within five hundred (500) feet of a residential district, a church, a school, or public park, as measured from the closest point of the property lines. B. No more than two adult uses or one adult use and one on-sale liquor establishment may be established, operated, or maintained within five hundred (500) feet of each other, as measured from the closest point of the outside wall of each building or tenant space. Section 3. That Section 11.03 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.03 Visibility at Intersections and Driveways A. Intersection safety zones: No monument style sign or other sign with its face less than twelve (12) feet above grade, or any fence, wall, shrub or other obstruction to Page 1 of 15 Page 5 of 21  vision exceeding three (3) feet in height above the established street grade shall be erected, planted or maintained within a triangular area of a corner lot that is included by measuring straight lines along the curb lines at points 50 feet distant in each direction from the intersection of the curbs and a straight line connecting the first two lines. (See Figure 2) B. Driveway safety zones: No monument style sign or other sign with its face less than ten C. (10) feet above grade, or any fence, wall, shrub, or other obstruction to vision exceeding three feet in height above the established street grade shall be erected, planted, or maintained within the area from the curb line to ten feet behind the curb line. When curbs are not present the closest portion of street will be used for measurement purposes instead. (See Figure 2) House Driveway Safety Zone Curb Line Figure 2 Section 4. That Section 11.04 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.04 Accessory Use and Structures Accessory uses and structures shall conform to the following standards: A. Any detached accessory building located closer than ten feet from the main building shall provide the same setbacks as the main building. B. Any detached accessory building located ten feet or more from the main building, and setback 60 feet from all front property lines, may be erected three feet or more from the side and rear property lines. C. On corner lots where the 60 feet lot width requirement can only be maintained from one front property line, detached accessory buildings may be located three feet or more from the side Page 2 of 15 Page 6 of 21  property line and five feet or more from the rear property line. For purposes of determining the placement of detached accessory buildings on corner lots, the side property line shall be the property line running perpendicular to the street from which the 60 feet lot width requirement is obtained. Detached accessory buildings less than 15 feet from the rear property line shall provide a front yard as deep as that which exists for the lot adjacent thereto, provided, however, the depth of the detached accessory building need not be reduced to less than 22 feet. D. In all cases, detached accessory buildings shall not occupy more than 30% of the rear yard. E. A garage which is entered directly from an alley shall not be closer than ten feet to the alley. F. Yard setbacks may be adjusted according to 12.02 and 12.03. G. No accessory building or use shall be constructed or developed on a lot prior to construction of the principal building or without a Conditional Use Permit. H. Accessory building material shall be the same as or of similar quality as that of the principal building unless for structure typically used as an accessory building (such as a greenhouse for a single-family home). Accessory buildings shall be compatible with the principal buildings with respect to building materials, design and character unless a Conditional Use Permit has been approved Section 5. That Section 11.05 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.05 Off-Street Parking Accessory uses and structures shall conform to the following standards: A. General Conditions 1. Parking shall be accessory to the permitted primary use of the property; therefore, the resident of or an authorized visitor to the property on which the vehicles are parked must own the vehicles. 2. A person may not park a motor vehicle in the front yard or side yard of a residential property, except: a. on hard surface driveways used to access legal parking; b. on a paved or non-organic dustless parking side yard space depicted on an approved site plan; or c. on a parking space adjacent to a driveway for a property with a two-stall legal parking space. 3. All front yard driveway parking spaces shall be hard surfaced with asphalt, concrete or equivalent and conform to the prescribed standards with the City's Engineering and Design Standards. 4. Parking spaces in rear yards shall be allowed only by conditional use permit in the R-1 and R-3 districts. Parking spaces in rear yards shall be allowed in the R-2 district with an approved site plan. 5. The paved surface and vehicle shall be a minimum of two feet from the property line. Except in conjunction with a legal nonconforming business, it is unlawful for any person to park, store, leave, or permit the parking, storing or leaving of any commercial vehicle in a NRC, R-1, R-2, or R-3 Zoning District, unless the vehicle is parked in connection with the performance of a service. The transferring of refuse from a smaller satellite vehicle to a larger packer garbage truck is prohibited. Page 3 of 15 Page 7 of 21  6. Where residential driveway access is onto a public or private street, a circular driveway may be permitted so long as: a. The lot's minimum street frontage is 74 feet; b. One of the entrances is utilized as a common driveway to the garage, except where the garage access is from another street; c. The inside curve radius of the driveway meets the required front yard setback; d. The maximum driveway width is 15 feet; and e. The minimum driveway width is 12 feet. B. Required 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. For the number of off-street parking and loading spaces required in all other districts, see TABLE 1 below: TABLE 1 Use Parking Requirements Assisted living center facility, community residential One parking space for every ten (10) beds. home, congregate housing, and nursing facilities. Auditoriums, theaters, and public assembly. One parking space for every four seats. One space per guest room in addition to the Boarding Houses, Bed and breakfast. requirements of the single-family home. Bowling alley. Three spaces per alley. Campgrounds. One space per camping unit. Car wash. One parking space for each 1,500 square feet. Community Gardens. None. Ten parking spaces plus one additional space for Cultural facilities. each additional 300 square feet in excess of 2,000 square feet. Five parking spaces plus one parking space for Day care centers. every 10 persons or animal for which the facility is licensed. Elderly or handicapped. 0.75 spaces for each dwelling unit. One space for every 300 square feet of all Elementary and Middle schools. gymnasium, cafeteria, or general assembly areas. One space for every 475 square feet on the first High school, college, university, or vocational school. floor. One space for each sleeping room or suite and one Hotel or motel. space for each 1,500 feet of common space, areas, meeting rooms, or other accessory uses. In addition to two spaces per home, one space for Licensed manufactured home park. every 40 homes. One space for every 300 square feet except indoor Motor vehicle and equipment sales, display, rental, display at a rate of One parking space for each 600 and service. square feet. Office buildings. One parking space for each 200 square feet. One parking space for each 75 square feet or one On-sale alcoholic beverage establishment and full- parking space for each three seats, whichever is service restaurant. greater. Page 4 of 15 Page 8 of 21  One parking space for every three seats / person Places of worship, funeral establishment, mortuary. occupancy in the main auditorium or sanctuary. One space per 900 square feet or, in the case of a nonstructural facility, one space per 400 square feet Recreation facilities (indoor and outdoor) of outdoor activity areas (volleyball courts, basketball courts, etc.) Residential (Single-family attached and detached, Two spaces per dwelling unit. multi-family, apartments, condominiums, etc.) Retail and services - furniture, appliance, or home One parking space for each 600 square feet. improvement business. Retail and services with more than one tenant. One parking space for each 200 square feet. Min. four parking spaces, one space per 300 square Retail and services, one tenant not identified feet for uses up to 10,000 square feet, and one elsewhere. space per 400 square feet for uses beyond 10,000 square feet. Self-storage facility including residential compatible No parking required, except two parking spaces are self-storage. required where there is an office located on site. Approved by the City of Tea City Council. Initial Uses not identified. calculation as required by the City of Sioux Falls for use. Min. two parking spaces, one space per 1,500 square feet for uses up to 50,000 square feet, one Warehouse and Distribution space per 4,000 square feet for uses beyond 50,000 square feet. C. Required Stacking and Queuing 1. Uses which have drive-up service windows or devices shall provide on-site queuing spaces to stack vehicles waiting to reach the drive-up service window or device as follow: a. Five queuing spaces for each service window or device including menu board with remote audio or video capability. b. Each space shall measure 9 feet wide x 20 feet long. The queuing of vehicles may not interfere with required off-street parking. c. Access driveways to public right-of-way may not be used for queuing spaces. Section 6. That Section 11.06 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.06 SIGN REGULATIONS 11.06.01 Title and Applicability. This Article shall be known as the “Sign Regulations” for the City of Tea, South Dakota, and is adopted as part of the City’s Zoning Ordinance. Hereafter no sign shall be erected, constructed, altered, or modified within the jurisdiction of the City of Tea except as regulated by the provisions of this Article. 11.06.02 Purpose and Intent. This Article is established to protect and promote health, safety, general welfare and order Page 5 of 15 Page 9 of 21  within the City of Tea through the establishment of comprehensive and uniform standards, regulations and procedures governing the type, number, size, structure, location, height, lighting, erection, use or display of devices, signs, or symbols serving as a visual communications media to persons situated within or upon public rights-of-way or private properties. The provisions of this Article are intended to encourage opportunity for effective, aesthetically compatible, and orderly communications by reducing confusion and hazards resulting from unnecessary or indiscriminate use of communications facilities. It is further the intent of this Article is to regulate signs by their physical characteristics and not by their message. 11.06.03 Severability. If one or more provisions of this Article is found by a court of jurisdiction to be unlawful, invalid, unenforceable, or preempted by applicable state or federal law or regulations, such provisions are deemed to be severed from this Article. The remaining provisions of this Article remain in full force and effect. 11.06.04 General Requirements. A. No sign shall be allowed except as permitted by this Article. B. No sign shall be located within the sight triangle as defined by § 11.03(A). No sign shall be located so that the safety of a moving vehicle or pedestrian will be impaired by obscuring a driver's or pedestrian's vision. C. No person shall install, erect, construct, hang, or alter any sign within the City without first obtaining from the City a Sign Permit, unless such sign is otherwise exempt under this Article. D. Signs shall be properly erected or attached to a structure and kept in good repair. Any lettering, logo, design, and other markings placed upon the sign shall be clear, distinct, readable and maintained in that condition. E. Any permanent or temporary commercial sign allowed in this Article may be utilized as a non- commercial or political issue sign, subject to the regulations contained herein. F. All signs and other advertising structures shall be designed and constructed to withstand a wind load and dead load as required in the Building Code or other ordinances of the City. G. Sign Maintenance. All signs and sign structures shall be properly maintained and kept in a safe, orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted, repaired, or replaced by the property owner or agent of the owner of the property upon which the sign is located, within thirty (30) days after written notice by the City. H. Interference. No sign or attachment thereto shall be erected, placed or maintained by any person in such a manner as to interfere with the effective use of firefighting equipment or personnel, or any overhead electrical power, telephone, fiber optic, or cable wires or supports thereof. I. Placement. No sign shall be erected, painted, attached or in any other way displayed on rocks, trees, or any other public or private property not specifically meant to advertise. J. Safe Ingress and Egress. No sign or part thereof shall be erected or maintained to prevent or deter free ingress and egress from any door, window, or fire escape. No sign or sign structure Page 6 of 15 Page 10 of 21  shall be attached to a standpipe or fire escape. K. Illumination. All externally illuminated signs shall be constructed to direct the source of light away from adjacent properties or public streets. L. Free-Standing Sign Height Computation. The height of free-standing signs,including all temporary and permanent signs, shall be measured 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 mean the newly established grade after construction within ten (10) feet of the sign base, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. M. Free-Standing Sign Setback Measurement. The sign setback for free-standing signs, including all temporary and permanent signs, shall be measured from the nearest edge of any portion of the sign. 11.06.05 Prohibited Signs. The following signs shall not be permitted, erected or maintained on any property within the City, unless located within the confines of a building, or not visible from outside the premises of the lot in which the sign is located. A. Off-Premises Signs and Billboards. Commercial signs installed, erected, constructed, or hung on a site or property that is not appurtenant to the use of, products or services being sold on, work being performed on, or the sale, lease, or rental of the land or buildings on which the sign is located, sometimes referred to as a billboard. This does not include non-commercial signs and temporary signs.. B. Flashing or Glaring Lights. Flashing lights, strobe lights, or rotating beams outside of a building or if visible from the outside of a building, except when otherwise legally displayed as emergency lights or warning lights. Illumination of signs shall be designed in such a way as to reflect light away from residential properties and motorists' vision. C. Moving Lights. Signs which incorporate in any manner any flashing, pulsating, rotating, beacons, or moving lights, unless approved by the City Council for a special event per the City’s special event procedures. D. Hazardous Sign. Any sign or sign structure which: 1. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; 3. Constitutes an obstruction so as to prevent free ingress or egress through any door, window or fire escape; 4. Is not kept in good repair; or 5. Is capable of causing electrical shocks to persons likely to come in contact with it. E. Obscene Matter. Signs that display obscene matters in violation of any State or Federal statute. F. Signs Projecting over Public Right-of-Way. It is unlawful to erect or maintain any sign on, over, or above any land or right-of-way belonging to City or other governmental entity unless specifically permitted by said entity and as provided herein this Article. G. Roof Signs. Signes located on the roof of any structure. H. Interference with Traffic. Signs or other advertising structures at the intersection of any street or alley which obstruct free and clear vision, or at any location, where, by reason of the position, shape or color, may interfere with, obstruct the view of, or be confused with any authorized Page 7 of 15 Page 11 of 21  traffic sign, signal or device, or which makes use of the words STOP, LOOK, DRIVE-IN, DANGER or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic. I. Unlawful Signs. Any sign unlawfully installed, erected or maintained in violation of this Article. 11.06.06 Exemptions to Sign Permit Requirement. The following signs shall not require a sign permit: A. Government signs and government flags, as defined herein this Article, are exempt from the Bulk Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement. B. Signs located within the confines of a building and non-residential internal signs. C. Building street addresses on buildings and signs as required by the City are exempt from the Bulk Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement. D. Directory signs as required by the Fire Department for emergency identification are exempt from the Bulk Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement. E. Works of art that meet the definition as provided herein this Article. F. Temporary Signs and Corporate Flags, to the extent that they meet the standards herein this Article, are exempt from the Sign Permits and Fees requirement. G. Holiday lights and decorations with no commercial message. 11.06.07 Sign Types. For the purposes of this Article, the following sign types as defined herein are placed into the following categories. A. Permanent Signs. Permanent signs may be commercial or non-commercial signs as defined herein this Article, not including off-premise signs with a commercial message. Permanent signs are limited to the following permanent sign types as defined and further regulated herein this Article: 1. Building signs 2. Projecting signs 3. Free-standing signs 4. Internal signs 5. Drive-thru facility signs 6. Signs on ATMS 7. Corporate flags B. Temporary Signs. Temporary signs may be commercial or non-commercial signs as defined herein this Article and may include off-premise signs. Temporary signs are limited to the following temporary sign types as defined and further regulated herein this Article: 1. Free-standing signs 2. A-Frame signs 3. Feather signs and flags 4. Banner signs attached to a fence or building wall or exterior window or covering and affixed to an existing building sign 5. Bag signs covering and affixed to an existing free-standing sign Page 8 of 15 Page 12 of 21 11.06.08 Bulk Sign Regulations. For the purposes of this Article, Tea School District properties are considered commercial regardless of what zoning district in which they are located. Permanent signs permitted by zoning district. PERMANENT SIGNS BUILDING ZONING DISTRICT SIGNS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL Building signs may be located on any side of a building so long as the total sign area does 1 sign per principal building facing a public street for all not exceed the total allowed for the building. Number of Signs permitted multi-family residential developments with The area of all wall, awning, and projecting Permitted 12 or more units and non-residential uses. shall be included in the total building signage area calculation. No limit to the number of signs. 2 square foot per 1 foot of building frontage or 1 square 1 square foot per 3 foot per 1 foot of foot of lineal street Maximum Sign Area 32 sq. ft. lineal street frontage, frontage with a whichever is greater maximum of 200 sq. with a maximum of ft. per building. 400 sq. ft. per building. 1 per main building entrance or storefront. Projecting Signs Not Permitted Maximum of 15 sq. ft. (See Section 6.10 of this Article for design standards.) FREE-STANDING ZONING DISTRICT SIGNS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL 2 signs per public or private street entrance for single 1 per public street frontage for each lot of family residential subdivisions. 1 per public street record for lots with less than 500 ft of Number of Signs frontage for each lot of record for all permitted multi- frontage. For lots with 500 ft or more of Permitted family residential developments with 12 or more units frontage, 1 sign shall be allowed for each 250 and non-residential uses. ft of frontage. Maximum Sign 6 ft. 18 ft. Height Maximum Sign 6 ft. 25 ft. Width 200 sq. ft. calculated using sign area Formula 20 sq. ft. calculated using sign area Formula B as B as defined herein this Article. Any individual Maximum Sign Area defined herein this Article. sign face or cabinet over 150 sq. ft requires an approved Conditional Use Permit (CUP). Minimum Sign Minimum setback from all property lines is 3 Setback 3 ft. from all property lines. ft, and 200 ft. from any free-standing sign Requirements located on the same lot. INTERNAL ZONING DISTRICT SIGNS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL 5 per each lot of record for all permitted multi-family Number of Signs residential developments with 12 or more units and No limit. Permitted non-residential uses. Page 9 of 15 Page 13 of 21  Maximum Sign 8 ft. Height 18 sq. ft. per sign calculated using sign area Formula B Maximum Sign Area No limit. as defined herein this Article. Sign Setback None. Requirements DRIVE-THRU ZONING DISTRICT FACILITY SIGNS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL For sites with a permitted drive-thru facility, 2 drive-thru facility signs, as provided herein, Number of Signs n/a shall be permitted for each drive-thru lane. Permitted Signs may be free-standing and one-sided only, or building/wall mounted. Maximum Sign n/a 8 ft. Height Each sign shall be no greater than 36 sq. ft. Maximum Sign Area n/a using sign area Formula B as defined herein this Article. ZONING DISTRICT SIGNS ON ATMS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL Sign copy may be adhered or placed upon any surface of a permitted ATM or ATM kiosk; however, the total area of all signage shall not Maximum Sign Area n/a exceed 48 sq. ft. Signage does not count against allowed wall or freestanding signage for parcel. HOME ZONING DISTRICT OCCUPATION NRC RESIDENTIAL COMMERCIAL INDUSTRIAL SIGNS Any approved home occupation shall be permitted 1 Sign Permitted building sign no greater than 1 sq. ft. calculated using n/a sign area Formula B as defined herein this Article. CORPORATE ZONING DISTRICT FLAGS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL Number Permitted Not Permitted. 1 per principal building. Maximum Height n/a 35 ft. Minimum Pole n/a 10 ft. Setback No larger than the largest concurrently Maximum Size n/a displayed government flag. May only be displayed concurrent with the display of 1 or more government flag(s) Other n/a attached either on a shared pole or separate Requirements pole located in close proximity to the pole(s) displaying the government flag(s). TEMPORARY SIGNS Page 10 of 15 Page 14 of 21  TEMPORARY ZONING DISTRICT SIGNS NRC RESIDENTIAL COMMERCIAL INDUSTRIAL 10 signs per public street frontage for each lot of record. No sign may be located within a street right-of-way with the exception that businesses within the CB zoning district may Number of Signs 5 signs per public street frontage for each lot of record. place 1 “A-frame” sign within the public Permitted sidewalk within the frontage of said business provided the sign does not create a hazard or otherwise conflict with any Americans with Disabilities Act (ADA) clearance standards. A total of 32 sq. ft. for permitted multi-family residential A total of 100 sq. ft using sign area Formula B developments with 12 or more units and non- as defined herein this Article. Each sign is Maximum Sign Area residential uses and 16 sq. ft. for all other uses. Sign required to be a minimum of 20 feet from area shall be calculated by using sign area Formula B as another. defined herein this Article. Maximum Free- Standing Sign 6 ft. 8 ft. Height Maximum Free- 1 ft from the front property line/street right-of-way line and 2 ft. from all other property lines. No sign Standing Sign may be located within the sight triangle as defined herein this Article, or otherwise cause a visual Setback impairment by obscuring a driver's or pedestrian's vision. Requirement 11.06.09 Projecting Signs. Projecting signs permitted by this Article shall comply with the following design regulations: A. Placement: The projecting sign shall provide a minimum 10 ft of clearance above any sidewalk and a minimum of 15 ft of clearance above any parking lot, parking stall, driveway, or street over which the sign is located. B. Design: Signs shall be double-sided and shall project no further than 96 inches from the surface of the building façade on which it is mounted or attached. C. Obstructions and Traffic Hazards: Every projecting sign shall be erected in a manner which does not constitute an obstruction or traffic hazard as regulated by this Article. D. Right-of-Way Encroachment: Any projecting sign proposing to encroach into a public street right-of-way shall first obtain approval from the City of Tea for said encroachment. 11.06.10 Electronic Message Center Signs. Permitted free-standing signs may include an electronic message center sign that is double-sided (back-to-back), subject to the following design regulations: A. The maximum electronic message center sign size within any non-residential zoning district is 96 sq. ft., per sign face, for a double-sided (back-to-back) sign. The electronic message center portion of the sign shall be no more than seventy-five (75) percent of the total allowable square footage. B. The maximum electronic message center sign size within any residential zoning district is 48 sq. ft., per sign face, for a double-sided (back-to-back) sign. The electronic message center portion of the sign shall be no more than thirty (30) percent of the total allowable square footage and shall be shut off between the hours of 10:00 p.m. to 6:00 a.m. local time. Page 11 of 15 Page 15 of 21 C. Electronic message center messages and images may not include video, animation, scroll, or flash and shall not display full-motion graphics in a series of frames to give the illusion of motion or video. D. The images and messages displayed on an electronic message center must have a minimum dwell time of at least 4-seconds before changing to the next image or message. The transition or change from one message to another must be instantaneous and involve no animation or special effects. E. Electronic message centers shall be integral to and a part of an approved freestanding sign. F. An approved monument sign may have more than one individual electronic display provided the total area of all such displays does not exceed the total allowable EMC sign area. G. Electronic message centers must be equipped with a light detector or photocell that automatically adjusts the display’s brightness according to natural ambient light conditions. The brightness of any electronic message center shall not exceed 0.3-foot candles above the ambient light level measured at a preset distance depending on sign area, measured as follows: Sign Area (SF) Measurement Sign Area (SF) Measurement Sign Area (SF) Measurement Distance (ft.) Distance (ft.) Distance (ft.) 10 32 45 67 80 89 15 39 50 71 85 92 20 45 55 74 90 95 25 50 60 77 95 97 30 55 65 81 100 100 35 59 70 84 >100 =√ (Area of 40 63 75 87 Sign Sq. Ft. x 100) 11.06.11 Sign Area Calculation. The area of a sign shall be as determined by the Zoning Administrative Officer, or designee, using actual dimensions where practical or approximate dimensions when irregularity of a sign shape warrants. The area of each sign type is to be measured with either Formula A or Formula B as noted below. The application of either Formula A or Formula B is established by sign type as defined elsewhere in this Article. A. Formula A. The sign area is the sum of the area of two (2) contiguous rectangles, squares or circles that enclose the extreme points or edges of all copy, logos and symbols of said sign. Figure 5 Sign Area = (A1 x A2) + (B1 x B2) Page 12 of 15 Page 16 of 21 B. Formula B. The sign area is the area of one rectangle, square or circle that encloses the extreme points or edges of all areas where copy may be placed on a sign. This area does not include structural or architectural features of the sign where copy will not be located. Figure 6 Sign Area = A x B 11.06.12 Enforcement Authority. The Zoning Administrative Officer, or designee, is hereby authorized and directed to enforce all the provisions of this Article. Any of the following shall be a violation of these regulations and shall be subject to the enforcement remedies and penalties provided by the Tea Zoning Ordinance, and by state law. 11.06.13 Permit Required. Application Required for Sign Permit. Except those signs as expressly exempted herein this Article, it is unlawful for any person to erect, alter, or relocate any sign or other advertising structure as defined in this Article, without first submitting a complete sign application, making payment of the sign permit fee as established in the Master Fee Schedule, and obtaining an approved sign permit from the Zoning Administrative Officer, or designee. Application for sign permits shall be made upon forms as determined by the Zoning Administrative Officer and shall contain or have attached thereto information deemed necessary by the Zoning Administrative Officer, or designee, to determine compliance with this Article. A permit is not required to maintain or repair an existing, legally permitted sign. Lapse of Sign Permit. A sign permit shall lapse automatically if the business activity on the premises is discontinued for a period of 180 days or more and is not renewed within 30 days of a notice from the City to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed. Assignment of Sign Permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the Building Inspector may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval. 11.06.14 Nonconforming Signs. Existing legal, nonconforming signs may continue to be maintained and used until they are removed under the terms of this Article. Every sign or other advertising structure lawfully in existence on the date of the adoption of this ordinance, but which is prohibited by the terms and conditions of this Article, shall not be altered or moved except in compliance with this Article. A. Modification: A legal nonconforming sign or sign structure shall be brought into conformity with this Article if it is altered, reconstructed, replaced, expanded, or relocated. A change in sign copy, or the replacement of a sign face, is not an alteration or replacement for purposes of this Page 13 of 15 Page 17 of 21  Article, but conditions may be placed on the approval to bring the sign closer to compliance with the intent of the provisions of this Article. B. Maintenance: Legal nonconforming signs must be maintained in good condition. Maintenance required by this subsection shall include replacing or repairing of worn or damaged parts of a sign or sign structure in order to return it to its original state, and it is not a change or modification for purposes of subsection (A) herein above nor subsection (C) herein below. C. Removal: Removal of a nonconforming sign or replacement of a nonconforming sign with a conforming sign is required when: 1. Fifty percent (50%) or more of the entire sign structure of a legal nonconforming sign is damaged, destroyed, or for any reason or by any means taken down; or 2. The condition of the legal nonconforming sign or legal nonconforming sign structure has deteriorated without maintenance as required by this Article; or the legal nonconforming sign structure or building it is mounted on is destroyed or damaged by a fire, flood, windstorm, or similar abnormal event; and the cost of restoration of the sign to its condition immediately prior to such deterioration or event exceeds fifty percent (50%) of the cost of reconstruction of the sign structure; or 3. The use of the legal nonconforming sign, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of 365 consecutive days or more. An intent to abandon is not required as the basis for removal under this subsection. 11.06.15 Variances and Appeals. Any variance from these regulations may be approved only by the Board of Adjustment after an application for a permit has been denied for the proposed sign, by the Zoning Administrative Officer, or designee, as provided in these regulations. Any person aggrieved by an order, requirement, decision or determination of the Zoning Administrative Officer, or designee, in the enforcement of this Article may file an appeal with the Board of Adjustment in accordance with City Code. Section 7. That Section 11.07 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.07 Fences Fences may be erected in a manner to protect public safety and welfare while maintaining the integrity of the community; providing privacy; buffering noise; and allowing adequate air, light and vision in required yards, provided they meet or exceed the following requirements: A. Fence permit shall be required to construct fences. B. No barbed wire fence shall be erected or maintained. C. For R-1, R-2, or R-3 District - Fences up to four (4) feet in height may be located on any part of the lot except that such a fence may not be more than 30 percent solid if located within 30 feet of a street intersection, measuring along the property line. Fences up to six (6) feet in height may be erected on those parts of a lot that are not within the required front yard setback. Exceptions for fences up to six (6) feet in height may be placed up to five (5) feet from the property line within secondary front yards where: 1. The secondary front yard abuts another secondary front yard that does not contain a driveway within sixty (60) feet. Undeveloped lots are assumed to have driveways anywhere on the lot. Page 14 of 15 Page 18 of 21  2. The secondary front yard is within sixty (60) feet of a driveway but starts to angle the fence between thirty-five (35) and ninety (90) percent at least fifteen (15) feet from the edge of the property abutting the driveway property. 3. The secondary front yard abuts a parking lot. D. For CB, GB, LI, or HI District - Fences not more than eight (8) feet in height may be located on any part of a lot other than in the required front yard setback except when such lot is adjacent to a residential use. E. No fence shall be erected which violates intersection and driveway safety zones. F. For NRC District - The maximum fence height for golf courses, public swimming pools, school track and field areas, parks and ball parks shall be eight (8) feet and for public tennis courts twelve (12) feet on any portion of the lot. Fences associated with these uses shall not be more than 30 percent solid, excluding wind fabric screens. G. Minor portions of fences such as gates may be elements that exceed six (6) feet by up to two (2) feet for attached pergolas similar features. Fence caps can exceed six (6) feet by up to one (1) foot. Section 8. That Section 11.08 of the Zoning Regulations of the City of Tea is hereby amended to read: 11.08 Reserved Adopted this ___ day of _______, 2025. ____________________________ Signed: Casey Voelker Mayor, City of Tea ATTEST: ______________________________ Dawn Murphy Finance Officer, City of Tea Seal First Reading: ________________ Second Reading & Adoption: _____________ Publication: _________________ Effective Date: _______________ Page 15 of 15 Page 19 of 21 ARTICLE 5. SNOW AND ICE REMOVAL SECTION 3.5.1 Duty to Remove Snow The owner or person in possession of any property abutting on any sidewalk shall keep the sidewalk free from snow and ice and shall remove any snow or ice from the sidewalk within 48 hours after the termination of any snowfall or snow or ice accumulation. The owner or person in possession of any property abutting upon any sidewalk which ends at an intersection or crosswalk shall maintain the sidewalk free from snow and ice to the edge of the street. Snow and ice deposited on the sidewalk during the street removal process shall be removed within 48 hours of being deposited. Section 3.5.2 Notice The city shall notify all owners or persons in possession of property abutting on sidewalks to keep the sidewalks free from snow and ice and to remove the same within 48 hours after every fall or accumulation of snow or ice. The notice need not be given personally but may be given generally through the official newspaper annually. The notice shall provide that each owner or person in possession is required to keep the sidewalk in front of the premises free and clear from snow and ice. It shall further provide that if the owner or person in possession fails to remove the snow or ice within 72 hours of the falling or accumulation hereof, the city may cause the snow or ice to be removed and charge the cost to the abutting property. Section 3.5.3 Disposal of Snow and Ice The property owner, person in possession or person removing snow or ice from any sidewalk, public or private driveway, parking lot or parking area shall dispose of accumulated snow and ice upon the property as follows. a) Snow and ice shall not be deposited on any sidewalk or in any park. b) Snow and ice shall not be deposited so as to obstruct or interfere with the passage or vision of vehicular or pedestrian traffic. c) Snow and ice shall not be deposited upon any public street or alley that has been cleared of snow by the grading of snow away from the curb or the picking up and carrying away of snow by the city. Snow and ice may be deposited on the street until it has been cleared. d) No snow may be blown, pushed, or otherwise placed on any street at any time (both before and after the street has been plowed). Page 20 of 21 Section 3.5.4 City May Remove If the owner or person in possession of property fails to remove the snow or ice from the sidewalks within the time specified, the city may have the snow or ice removed and charge the cost thereof against the abutting property each time the snow or ice is removed. Section 3.5.5 Violation It is unlawful to violate any provision of this subchapter. Page 21 of 21