For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning (except as they may be defined in general by SDCL § 2-14).
ACCESSORY. Incidental to a primary use or structure on the same lot or tract of land.
ALLEY. A narrow, minor public right-of-way providing a secondary means of access to abutting properties.
BOARD. The Board of Trustees of the town.
BUILDING PERMIT. The instrument used by the Finance Officer to permit the construction, fabrication, alteration, improvement, destruction or moving of any structure within the procedures and restrictions contained in this chapter. This instrument may also serve as a CERTIFICATE OF OCCUPANCY following completion and approval of all required inspections by the town’s designated Building Inspection Official.
CLEARING. Removing vegetative cover.
COMMUNITY WATER SYSTEM. A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 24 year-round residents.
DEDICATED PUBLIC RIGHT-OF-WAY. A parcel of land that is conveyed to the public by the notation DEDICATED PUBLIC RIGHT-OF-WAY on a recorded plat for use as a public right-of-way.
DENR. The South Dakota Department of Environment and Natural Resources.
EASEMENT. A grant of one or more property rights by the property owner to and/or for use by the public, a corporation or another person(s) or entity. An EASEMENT is self-perpetuating and runs with the land unless otherwise stipulated.
FEMA. The Federal Emergency Management Agency.
GOVERNING BODY. The duly elected officials of a corporate political entity to whom authority is given to make, adopt, revise and amend ordinances and regulations; specifically in this chapter the Board of Trustees of the town.
GRADING. Excavating, filling or stockpiling soil.
IMPROVEMENTS. Changes or additions to land necessary to prepare it for building sites. These include, but are not limited to, street paving and curbing, grading, survey monuments, drainage ways, sewers, fire hydrants, water mains, sidewalks, pedestrian ways and other public works and appurtenances.
LOT. A tract or parcel of land within a subdivision. All LOTS shall have recorded legal access.
MOBILE OR MANUFACTURED HOME. Manufactured structures built on a steel undercarriage with the necessary wheel assembly to be transported to a permanent or semi-permanent site. The wheel assembly can be removed when placed on a permanent foundation, and the steel undercarriage may remain intact if it is a structural component. MANUFACTURED HOMES must meet Federal Manufactured Home Construction and Safety Standards as outlined in Title VI, Housing and Community Development Act of 1974.
MOBILE HOME COURT. Any parcel of land whereon two or more mobile or manufactured homes as defined herein are placed, located or maintained, or intended to be placed, located or maintained, including all accessory buildings. All land within the court shall be held in common ownership, with individual home spaces rented to residents.
MOBILE HOME SPACE. A plot of ground within a mobile home court that is designed as the location for one mobile home and any customary accessory use thereof.
MODULAR HOME. A type of manufactured home that will meet most building codes and is subject to standard regional or state building codes for modular construction. A MODULAR HOME can be transported on a steel undercarriage although the undercarriage is not usually a permanent and necessary or integral structural component and can be removed when the home is placed on a foundation.
NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter that does not conform to the regulations herein provided.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission for the Town of Hermosa, South Dakota.
PLANNING COORDINATOR. The person employed by the governing body to coordinate activities between landowners, subdividers, the Planning and Zoning Commission, other government agencies and the governing body. The PLANNING COORDINATOR may also administer other regulatory land development and land use programs.
PLAT. A map drawn to scale from an accurate survey for the purpose of recording a subdivision of land.
PLAT, FINAL. A plat that includes all items, certifications and statements as set forth in § 154.24.
PLAT, PRELIMINARY. A plat of a proposed subdivision to be used to establish the terms and conditions for development of the proposed subdivision. This plat shall include all items set forth in § 154.23.
PROFESSIONAL ENGINEER. A professional engineer who is currently licensed as such by the state.
PUBLIC RIGHT-OF-WAY. A strip of land defined by right-of-way lines on a plat that is intended to be occupied by a street, recreation trail, utility line or other similar use and to be used by the public. PUBLIC RIGHTS-OF-WAY intended to be occupied by a street shall have a minimum width of 66 feet.
PUBLIC RIGHT-OF-WAY EASEMENT. A portion of a parcel of land that is defined by a notation on a recorded plat as a permanent easement for use as a public right-of-way.
RECORDED ACCESS. A permanent easement providing legal access to an isolated tract of land.
ROAD DISTRICT ASSOCIATION. An association of land owners formed under the provisions of SDCL § 31-12A, to develop a subdivision road district with the intent and purpose of maintaining the system of streets within the subdivision so that they have the capacity to handle all of the internal traffic and provide adequate ingress and egress to the members of the entire subdivision. The ASSOCIATIONS are required by statute to develop rules and by-laws to govern the operation of the association including the election of officers, collection of fees and the authorization to develop, repair and maintain all streets within the system. The initial development of all streets within a subdivision is the responsibility of the developer or subdivider. All subdivision streets must meet town specifications as provided by this chapter, and be inspected and approved for use by the Town Engineer and the Planning Coordinator.
SANITARY SEWER. A municipal, community, small or individual sewage disposal system of a type regulated by DENR.
SETBACK. The required distance between any structure and any property line on the lot on which it is located.
SEWER DISTRICT ASSOCIATION. An association of land owners formed to develop a community or subdivision district with the intent and purpose of developing a private sewage system with the capacity to handle the refuse of its members or the entire subdivision. The ASSOCIATIONS are required by statute to develop rules and by-laws to govern the operation of the association including the election of officers, collection of fees and the authorization to develop, repair and maintain the system. The design plans for all sewer district association construction projects shall be submitted to DENR for approval prior to any construction or development.
SPECIFICATIONS. Design standards that have been adopted by the governing body.
STREETS. Any public or private thoroughfare that affords the principal means of access to abutting property. This term may be used interchangeably with ROAD, ROADWAY, DRIVE or HIGHWAY. All STREETS must be within a public right-of-way, excluding private access roads.
(1) ARTERIAL STREETS. Streets of considerable continuity connecting various sections of a community or regions designed for high vehicular speed and large volumes of traffic.
(2) COLLECTOR STREETS. Streets of sufficient continuity to gather traffic from local streets and deliver this traffic to arterial streets.
(3) LOCAL STREETS. Streets that are used or will be used primarily for access to abutting properties and carry a limited volume of traffic.
(4) PRIVATE ACCESS ROADS. Roads that lie within private access easements and provide access into isolated tracts of land where a public right-of-way is deemed not to be necessary by the governing body.
STREET, INTERIOR. Any street located within a subdivision.
STREET SPECIFICATIONS. The required standards to which public streets within the jurisdiction of the town must be constructed.
STRUCTURE. Anything constructed or erected: with a fixed location on the ground; attached to something having a fixed location on the ground; on skids; or not on a fixed location but which sits directly on the ground.
STRUCTURE, MAJOR. All structures other than minor structures.
STRUCTURE, MINOR. A structure with a finished value of less than $1,000; or a detached structure used for storage, playhouse or similar usage which does not exceed 160 square feet in area; or a fence not over six feet high; or a retaining wall not over four feet high; or an attached deck not over 160 square feet in area and not more than 30 inches above grade; or a platform walkway or driveway not over 30 inches above grade; or a window awning supported by an exterior wall and not extending more than 54 inches from the exterior wall.
SUBDIVIDER. The person(s), firm(s) or corporation(s), owning land and in the process of creating a subdivision of the land.
SUBDIVISION. The division of any tract or parcel of land by plat or other means into one or more lots, sites or other divisions thereof, normally for the purpose of resale as a residential, commercial or industrial property.
SUBDIVISION, HIGH-DENSITY. A subdivision created by division of land into one or more tracts(s), of which any lot, tract or parcel contains less than two acres.
SUBDIVISION, LOW-DENSITY. A subdivision created by division of land into one or more tract(s), all of which contain five or more acres.
SUBDIVISION, MEDIUM-DENSITY. A subdivision created by division of land into one or more tract(s), of which any lot, tract or parcel contains two or more acres, but less than five acres.
SUPPLEMENTAL MATERIALS. Those plans, reports, narratives, designs, requirements, agreements, covenants and other materials necessary for the development of a subdivision. These include, but are not limited to, those items listed in § 154.22.
VARIANCE.
(1) A specific exception, granted by the governing body, to the terms of this chapter where the deviation will not be contrary to the public interest and will be granted due to circumstances peculiar to this property.
(2) A VARIANCE shall not be granted if the issuance violates the intent and spirit of this chapter.
(Ord. 10.9, passed - -2005)