For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular.
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.
ANIMAL UNIT. One animal unit is equivalent to either: one feeder/slaughter cattle, one-half horse; seven-tenths mature dairy cow; two and one-half finishing swine; ten nursery swine; ten sheep/goats; 55 turkeys; five ducks/geese; 30 hens, cockerels, capons, broilers.
APARTMENT HOUSE. A detached dwelling designed for or occupied by four or more family units.
AUTOMOBILE SERVICE STATION. Buildings 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.
BAR or LOUNGE. An establishment that is licensed to sell alcoholic beverages by the drink.
BASEMENT. Has more than one-half of its height below grade. A BASEMENT is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes.
BED AND BREAKFAST (B&B). A private single-family residence which is used to provide limited meals and temporary accommodations for a charge to the public. Such establishments should be located where there will be minimal impact on surrounding residential properties and should comply with the following conditions.
(1) B&BS shall be limited to residential structures with an overall minimum of one 1,800 square-foot floor. Preference will be given to structures with historic or other unique qualities.
(2) They shall be in compliance with applicable state laws including registration with the state’s Department of Health, maintain a guest list, and provide a smoke detector in each sleeping room.
(3) Accessory use signs shall be based on similar requirements for a home occupation permit and shall not be more than one square foot in area.
(4) Such uses shall be an incidental use with an owner occupied principal dwelling structure provided that not more than four bedrooms in such dwelling structure shall be used for such purpose.
(5) Off-street parking requirements shall be one space per guestroom and shall be in addition to parking requirements for the principal use. Off-street parking shall not be located in a required front or side yard and screening shall be required when adjacent to residentially used property.
(6) The length of stay shall not exceed 14 days during any 120-day consecutive period.
(7) Meals shall be limited to breakfast which is prepared in a common facility such as household kitchen. Meals may be served only to overnight registered guests, and cooking is not permitted in the sleeping rooms.
(8) The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and floor plan showing a location of the sleeping rooms, lavatories and bathing facilities, and kitchen shall be submitted with application.
BUILDING. Includes the words STRUCTURE and PREMISES 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 and is designed for the support, shelter, and protection of persons, animals, or property.
BUILDING AREA. The portion of a lot remaining after required yards have been provided.
BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot on which it is located.
CARETAKER’S RESIDENCE or WATCHPERSON’S QUARTERS. A dwelling unit which is occupied by one who is employed by a business located on the same premises or within the same structure as said dwelling unit.
CITY COUNCIL. The governing body of the City of Flandreau.
CITY PLANNING AND ZONING COMMISSION. The members appointed by the city to serve in an advisory capacity on planning and zoning matters.
CLEAR VIEW TRIANGLE. A triangular-shaped portion of land established at street intersections and ingress and egress points in which there are restrictions on things erected, placed, or planted which would limit or obstruct the sight distance of motorists entering or leaving the intersection. See figure below.
COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the City of Flandreau.
CONDITIONAL USE. A conditional use is a use that would not be appropriate generally or without restriction throughout the zoning division or district but, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as conditional uses as specific provisions for such uses are made in this chapter. CONDITIONAL USES are subject to evaluation and approval by the Board of Adjustment and are administrative in nature.
DAY CARE CENTER, LICENSED. Any operation, which provides childcare services. To be considered a DAY CARE CENTER under these regulations, the state must license such operation.
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, 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 building, other than a manufactured home, including modular homes designed for and occupied by one family only.
DWELLING, TWO-FAMILY. A residential building containing two household units designed for occupancy by not more than two families.
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 it is physically separated from any other rooms or dwelling units which may be in the same structure and contains independent cooking and sleeping facilities.
EAVE. The lower edge of a sloping roof or that part of a roof which projects beyond the wall.
EAVE HEIGHT. The vertical dimension from finished grade to the eave.
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 or more than three individuals not related by blood or marriage.
FARM UNIT. An area of ten acres or more on which a bonafide business with the purpose or producing agriculture products and the incidental uses of horses, dogs, or other animals and other similar operations, specifically excluding greenhouses, horticultural nurseries, kennels and other similar commercial operations. 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.
FEEDLOT. A lot, yard, corral, building, or other area where animals in excess of ten animal units per acre or in excess of animal units per parcel of land have been, are, or will be stabled or confined for a total of 45 days or more during any 12-month period and where crops, vegetation, forage growth, or post harvest residues are not sustained over any portion of the lot or facility.
FENCE. A structure used as a boundary, screen, separation, means of privacy, protection, or confinement and is constructed of wood, plastic, metal, wire mesh, masonry, or other similar material and is used as a barrier of some sort.
GRADE. The finished grade of premises improved by a building or structure is the average natural elevation or slope of the surface of the ground within 50 feet of the building or structure.
HEIGHT OF BUILDING. The vertical distance from the established average sidewalk grade of street grade or finished grade at the building line, whichever is the highest, to the highest point of the building.
HOME OCCUPATION. An occupation conducted in a dwelling unit with the following stipulations.
(1) No person other than members of the family residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling unit for the HOME OCCUPATION shall be clearly incidental and subordinated to its use for residential purposes by its occupants, and no more than 25% of the floor area of the dwelling unit shall be used in the conduct of the HOME OCCUPATION.
(3) 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 one sign not exceeding four square-feet in area, non-illuminated, and mounted flat against the wall of the principal building.
(4) 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. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
(5) 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.
(6) Notwithstanding the preceding standards, any operation that 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 a temporary abiding place of individuals who are lodged with or without meals and in which there are four or more guest rooms open to the public and transients.
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, and the like or parts thereof with or without the dismantling, processing, salvage, sale, or other use or disposition of the same.
KENNEL. Any premises or portion thereon where more than three dogs, cats, or other household pets are raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics, animal hospitals, and animal shelters are specifically excluded.
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 is not to be included as off-street parking space in computation of required off-street parking space.
LOT. Any plot or parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces as are herein required. LOT also includes the words PLAT and PARCEL.
LOT AREA. The land in square feet within the lot lines.
LOT DEPTH. The mean distance from the street line of the lot to its rear line measured in the general direction of the side line of the lot.
LOT FRONTAGE. The portion 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 WIDTH. The distance between side lot lines measured at a point of 50 feet from the street line thereof.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Moody County Register of Deeds prior to the adoption of this chapter.
LOT TYPES . See figure below.
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. (See lot A and lot A & D.)
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street. (See lot B.)
(3) REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles, meaning interior angle less than 135 degrees, to the general pattern in the area. A reversed frontage lot may also be a corner lot (see lot A & D), an interior lot (see lot B & D) or through lot (see lot C & D).
(4) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (See lot C and lot C & D.)
MAY. The act referred to is permissive.
MOVED-IN BUILDING. A building that previously existed on a lot of different location relocated for use as a residence, out-building, commercial, industrial, or any building used in relation to these uses shall be recognized as a moved-in building.
NON-CONFORMING USE. Any building or structure or land lawfully occupied by a use at the time of passage of this chapter or amendment which does not conform after the passage of this chapter or amendment with the use regulation of the district in which it is situated.
OUTDOOR ADVERTISING BUSINESS. Provisions of outdoor displays or display space on a lease or rental basis only.
PARKING SPACE, OFF-STREET. Consists of 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 purposes of rough computation, an OFF-STREET PARKING SPACE may be estimated at 300 square feet.
PERMANENT FOUNDATION. An approved wood basement constructed of two by six framework and treated with water resistant materials or a foundation shall be constructed with eight inches of poured concrete or concrete block. The FOUNDATION shall be to a depth below the frost line.
PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSON. In addition to an individual, PERSON includes firm, association, trust, organization, partnership, company, or corporation.
PLAT. The map, drawing, or chart on which the subdivider’s plan of subdivision is legally recorded.
SCALE OR AUCTION YARD/BARN. A place or building where the normal activity is to sell or exchange livestock. Livestock normally in yard or farm for one day during sale or auction.
SETBACK. The minimum horizontal distance between the front line or street line and the nearest edge of any building or any projection thereof except cornices and unenclosed 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.
SHALL. The act referred to is mandatory.
SHOULD. The condition is a recommendation. If violations of this regulation occur, the county will evaluate whether the party implemented the recommendations contained in this regulation that may have helped the party to avoid the violation.
STREET LINE. A right-of-way line of a street. See figure below.
STREET. A right-of-way dedicated to public use which affords a primary means of access.
STRUCTURE. Anything constructed or erected with affixed location on the ground or attached to something having fixed location on the ground. Among other things, STRUCTURES include, but are not limited to, buildings, manufactured homes, walls, fences, billboards, swimming pools, and signs.
STRUCTURE, TEMPORARY. Anything constructed, erected, or placed which requires temporary location on the ground or attachment to something having a temporary location on the ground for use.
USED or OCCUPIED. Includes intended, designed, or arranged to be used or occupied.
VARIANCE. A relaxation of the terms of the zoning 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 of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, 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 non-conforming in the zoning district or uses in an adjoining zoning district.
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 line.
YARD, FRONT. A yard extending between the side lot lines across the front of a lot adjoining a public right-of-way. Depth of required FRONT YARDS shall be measured at right angles to a straight line adjoining the foremost points of the side lot lines. The foremost point of the side lot line, 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.
YARD, REAR. A yard across the whole width of the lot extending from the rear line of the building to the rear line of the lot. In the case of through lots and corner lots, there will be no REAR YARDS but only front and side yards.
YARD, SIDE. A yard between the building and the adjacent sideline of the lot which separates it from another lot and extends from the front lot line to the rear yard. In the case of through lots and corner lots, SIDE YARDS remaining after the full and half-depth front yards have been established shall be considered SIDE YARDS.
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.
ZONING DISTRICT. A section of the city for which the regulations governing the use of land, the construction and use of buildings, and the occupancy of premises are hereby made.
(Ord. passed - - 2006; Ord. 609, passed 5-16-2022)