For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE or STRUCTURE. A use or structure on the same lot, with and of a nature customarily incidental and subordinate to the principal use or structure.
APARTMENT HOUSE. A detached dwelling designed for, or occupied by, four or more family units.
AUTOMOBILE SERVICE STATION. Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. This definition does not include storage, body repair, or auto salvage operations.
BUILDING. Includes the word “structure” and is a structure which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar openings.
DISTRICT. A section of the municipality for which the regulations governing the construction and location of buildings and occupancy of buildings and premises are the same.
DWELLING, MULTIPLE FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO FAMILY. A residential building designed for or occupied by two families. The number of families in residence shall not exceed the number of dwelling units provided.
DWELLING UNIT. One room, or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
FAMILY. One or more individuals living, sleeping, cooking or eating on the premises as a single housekeeping unit, but it shall not include a group of more than three individuals not related by blood or marriage.
FARM UNIT. An area of ten acres or more on which is raised farm products of a value of $1,000 or more each year. For purposes of this chapter, all land in like ownership being operated as a single economic unit shall be considered to be part of a single farm unit.
FEED LOT. A parcel of land whereon there is contained an operation of feeding or raising animals in excess of ten units per acre or in excess of 500 animal units per parcel of land.
FRONT YARD.
(1) A yard extending between side lot lines across the front of a lot adjoining a public street. In case of through lots, unless the prevailing yard pattern of adjoining lots indicates otherwise, the front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirements for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
(2) In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
(3) In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
(4) In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:
(a) At least one front yard shall be provided having the full depth required generally in the districts;
(b) No other front yard on such lot shall have less than half the full depth required generally. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost points of the side lot lines, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.
HEIGHT OF BUILDINGS. The vertical distance from the established average sidewalk grade or street grade, or finished grade at the building lines, whichever is the highest, to the highest point of the building.
JUNK YARD. The use of more than 50 square feet of any land, building or structure, whether for private or commercial purposes, or both, where waste discarded or salvaged materials such as scrap metals, used-building materials, used lumber, used glass, discarded vehicles, paper, rags, rubber, cordage, barrels, machinery, etc., or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
LOT. Any plot or parcel of ground under one ownership, occupied by one principal building or unit group of buildings and the accessary buildings customarily incidental to such principal building or buildings and including all open spaces required by this chapter.
LOT AREA. The land in square feet, within the lot line.
LOT DEPTH. The mean distance from the street line of the lot to the rear line, measured in the general direction of the side line of the lot.
LOT WIDTH. The mean distance between side lot lines measured at a point 50 feet back from the street line thereof.
MOBILE HOME. A portable unit originally designed and built to be towed on its own chassis to point of use, and designed to be used without a permanent foundation for continuous year round occupancy as a dwelling, or two or more such units separately towable, but designed to be joined together at the point of use to form a single dwelling, and which is designed for removal to, and installation or creation on, other sites.
MOBILE HOME PARK. A tract of land in single ownership which has been developed with all the necessary facilities and services in accordance with a site development plan meeting all the requirements of this chapter and which is intended for the express purpose of providing a satisfying living environment for residents of at least four mobile homes on a long term occupancy basis.
MOBILE HOME, PERMANENT.
(1) The running gear and hitch have been removed;
(2) Has been anchored to a permanent footing and foundation;
(3) The footing to be a minimum of eight inches thick by 16 inches wide poured concrete with top of footing to be 16 inches below grade;
(4) The foundation shall be eight inches poured concrete or concrete block;
(5) Prior to placement of home on the foundation, must be inspected and approved by the city Zoning Officer.
NON-CONFORMING BUILDING OR STRUCTURES. A building or structure, the use of which, in whole or part, does not conform to the regulations of the district in which the same is located.
NON-CONFORMING USE. The use of any building or structure which does not conform to the use regulations of the district in which the use exists.
PARKING SPACE, OFF STREET. A space adequate for parking an automobile with room for opening doors on both sides, together with related access to a public street or alley, and maneuvering room. For purpose of rough computation, an OFF STREET PARKING SPACE may be estimated at 300 square feet.
PLAT. The map, drawing or chart on which the subdivider's plan of subdivision is legally recorded.
REAR YARD. The yard across the whole width of the lot, extending from the rear line of the building to the rear line of the lot.
SET BACK. The minimum horizontal distance between the front lot line or street line and the nearest edge of any building or any projection thereof, except cornices and enclosed porches, and entrance vestibules and window bays projecting not more than three and one-half feet from the building and not more than 50 square feet in area, and which do not extend above the first story of the building.
SIDE YARD. A yard between the building and the adjacent side line of the lot which separates it from another lot, extending from the front lot line to the rear yard.
STREET LINE. A right-of-way line of a street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include, but are not limited to buildings, mobile homes, fences, billboards and power panels.
WETLANDS. Any area where ground water is at or near the surface at least six months of the year, the boundary of which shall be defined as that area where the emergent aquatic vegetation ceases and the surrounding upland vegetation begins.
YARD. An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot lines.
(Prior Code, § 16-2-1)
Statutory reference:
Related provisions, see SDCL §§ 9-12-13, 11-4-1