For the purposes of this chapter and in order to carry out the provisions and intentions as set forth herein, certain words, terms and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tenses; words in the singular number shall include the plural and words in the plural number shall include the singular; the word “person” includes a firm, partnership or corporation, as well as an individual; the word “lot” includes the word “plot” or “parcel,” and the word “building” includes the word “structure,” the term “shall” is always mandatory; and the word “may” is permissive. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended,” “arranged” or “designed to be used or occupied.”
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY APARTMENT. A single apartment on the main commercial use floor of a one to one and one-half story structure where the apartment takes up no more than 25% of the overall ground floor area and the commercial use is maintained as the primary use and occupies the store front.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a main building located on the same lot therewith.
ACCESSORY USE. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.
ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.
ALTERATIONS. As applied to a building or structure, means a change or rearrangement in the structural parts, or an enlargement, whether by extending on a size or by increasing in height, or the moving from one location or position to another.
AMUSEMENT AND RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls and the like.
ARBOR. A detached, open framework yard or garden accessory structure that is integrated into landscape designs to provide shade and leisure, often including trellis or latticework for training climbing plants.
AREA, BUILDING. The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
ADULT ORIENTED BUSINESS. Any adult arcade, adult bookstore or video store, cabaret, adult live entertainment establishment, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios.
AUTOMOBILE WRECKING. The dismantling, storage, sale, crushing or dumping of used motor vehicles, trailers or parts thereof.
AVERAGE GROUND ELEVATION. The elevation of the mean finished ground surface at the front wall of a structure.
BASEMENT. A portion of a building that is partly or completely below grade, as defined in the International Building Codes. A walk-out BASEMENT shall be counted as a one-half story.
BED AND BREAKFAST ESTABLISHMENT. A residence offering overnight lodging and a morning meal. A BED AND BREAKFAST ESTABLISHMENT in a residential zone shall be regulated as a home occupation.
BOARD. The Board of Adjustment for the City of Hot Springs, South Dakota.
BOARDING HOUSE. A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals are provided for three or more but not exceeding 12 persons on a weekly or monthly basis.
BUILDING. Any enclosed structure intended for shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREA OF A LOT. The portion of a lot bounded by the required rear and side yards and front yard or the building setback line.
BUILDING CODES. The International Building Code, International Residential Code, International Existing Building Code, International Fire Code, International Plumbing Code, International Mechanical Code and the International Property Maintenance Code, as officially adopted by the city.
BUILDING, HEIGHT OF. The vertical distance measured from the average ground elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTOR. The person under the direction of the Building Official responsible for duties relating to the Building Department.
BUILDING MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be a MAIN BUILDING on the lot on which it is situated.
BUILDING OFFICIAL. The appointed official responsible for the administration and enforcement of the city’s codes and ordinances regulating construction, use or occupancy of buildings and structures, public or private.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in § 155.048. The BUILDING SETBACK LINE is parallel to or concentric with the street right-of-way.
BUILDING SITE. A single parcel of land under one ownership occupied or intended to be occupied by a building or structure.
BUILDING, SHOP. A heated structure designed and intended for storage or occupied occasionally as a temporary work place that is provided with water and sewer services. See SHOP BUILDING. Also see “DRY STORAGE BUILDING” and “COLD STORAGE BUILDING.”
BUSINESS SERVICES. Any activities conducted for gain which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in a home or business.
CANNABIS (OR MARIJUANA). All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of 1% on a dry weight basis.
CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
CANNABIS ESTABLISHMENT. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
CANNABIS TESTING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
CARPORT. A temporary or permanent unenclosed detached accessory structure, without doors, used for the sheltered parking of vehicles. CARPORTS enclosed on more than two sides shall be considered a garage.
CERTIFICATE OF OCCUPANCY. The document issued by the Building Official when a new use is being established and the building has been inspected and found to meet adopted codes and ordinances relating to construction and use. Such CERTIFICATE authorizes occupancy of the building for its specified use.
CLUB, PRIVATE. An organization catering exclusively to members and their guest, or premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club.
COLD STORAGE BUILDING. An unheated storage building not designed for human occupancy and that does not have water or sewer services to or inside the building. See DRY STORAGE BUILDING.
COMPOST. The product resulting from the controlled biological decomposition of organic material that has been sanitized through the generation of heat and ‘processed to further reduce pathogens’ (PFRP), as defined by the U.S. EPA (Code of Federal Regulations Title 40, Part 503, Appendix B, Section B), and stabilized to the point that it is beneficial to plant growth.
CONDOMINIUM. The owner owns the living space, but does not own the land or the exterior of the structure. Condominiums can have properties attached to either side and above and/or below, such as a high-rise condominium building. A townhouse can be sold as a CONDOMINIUM, but a CONDOMINIUM cannot be sold as a townhouse.
CONTRACTOR, SMALL SCALE. A provider of construction services whose primary operations of their specific trade or product takes place primarily indoors such as plumber, electrician, cabinet/countertop maker, heating/cooling supplier, window and door installers, for example. SMALL SCALE CONTRACTORS store their raw materials, goods and supplies indoors with outdoor storage being only what is required to park vehicles, outdoor installation materials and specialized trade-related trucks, excluding semis, trailers and other types of earthmoving equipment.
COUNTRY CLUB. A chartered, non-profit membership club, with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golfing, riding, outdoor recreation, club house, locker room, and/or pro shop.
DAYCARE FACILITY. Daycare facilities, to include family child care homes, group family child care homes, child care centers and before and after school care centers, shall be defined and regulated in accordance with SDCL § 26-6-27.
DESIGN CAPACITY or OCCUPANCY LOAD. The maximum number of persons which can be accommodated at any one time with a reasonable degree of comfort, safety and convenience.
DISTRICT. Any section or sections of the municipality of the City of Hot Springs for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.
DRIVE-IN, COMMERCIAL USES. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
DRY STORAGE BUILDING. An unheated storage building not designed for human occupancy and that does not have water or sewer services to or inside the building. See COLD STORAGE BUILDING.
DWELLING. A building or portion thereof, exclusive of manufactured homes as herein defined, used for residential purposes.
DWELLING, SINGLE-FAMILY. A detached building designed to be occupied exclusively by one family, to include modular manufactured homes that give the appearance of a house, with a pitched roof, with horizontal lap or wood siding, and when placed on a permanent frost-free perimeter foundation which meets all building codes.
DWELLING, TWO-FAMILY. A detached building to be occupied by two families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.
DWELLING, MULTIPLE. A building designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.
DWELLING UNIT. One or more rooms and a single kitchen designed as a unit for occupancy by only one family for cooking, living and sleeping purposes.
ELECTRICAL UTILITY SUBSTATION. An electrical utility facility containing large capacity transformers fed by incoming high voltage transmission lines. Within the facility, voltages are reduced and fed to several distribution circuits that distribute electrical energy to areas with a predominate single use (i.e., industrial, residential, commercial area).
FAMILY.
(1) One or more persons related by blood, marriage or adoption or a group not to exceed five persons (excluding servants) none of whom are related by blood or marriage, occupying the premises and living as a single non-profit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use.
(2) The term
FAMILY shall also include up to four foster children or two foster adults, or any combination thereof not to exceed four persons, of a legally licensed foster care provider. A greater number of foster children or adults shall be considered a foster home.
FEEDLOT, COMMERCIAL. A lot used for the concentrated feeding of livestock, fowl or fur animals where such feeding is not done as an accessory use to the production of crops on the premises of which the feedlot is a part.
FLOOR AREA. The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure, to include finished and unfinished basements.
FOOD PROCESSING. The preparation of food products for retail sale on the premises.
FRATERNITY OR SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.
GARAGE, PRIVATE. An attached or detached non-habitable accessory structure used primarily for the storage of personal motor vehicles and storage of personal belongings.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public for rent or for lease, which is used for the storage of automobiles or other motor vehicles.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair or equipping of motor vehicles.
GASOLINE SERVICE OR FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline, diesel, propane, butane or other automobile fuels and accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic washing.
GOVERNING BODY.
(1) The duly elected officials of a corporate political entity to whom authority is given to make, adopt or amend zoning regulations; or
(2) City Council, when used in conjunction with the aldermanic form of government.
GRADE, ESTABLISHED. The elevation of the centerline of the streets as officially established.
GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GROUP CARE HOME/ASSISTED LIVING FACILITY. A residential facility established for the purpose of providing, on a long term basis and for monetary compensation, room and board for three or more individuals living as a single household unit, who are unrelated by blood or marriage, and who by reason of age, physical or mental disability may require personal assistance in achieving personal independence. Such a facility may contain a separate and defined living unit for a resident caretaker or manager.
HEALTH DEPARTMENT. South Dakota Department of Health.
HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementoes of such event or period are housed and preserved.
HOME OCCUPATION.
(1) A gainful occupation conducted by members of the family only within the dwelling or on the premises, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, provided that no display except a regulated sign will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of a dwelling.
(2) Activities conducted entirely within the residence, such as internet transactions or stock market transactions from a home office, which does not account for any vehicle or pedestrian traffic pertaining to that activity, and where there is no outward display of that activity, shall be exempt from the requirements of § 155.073.
HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms usually occupied singly with no provision made for cooking in any individual room or apartment.
HOTEL APARTMENT. An apartment building under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartment and which may furnish for the exclusive use of its tenants by previous arrangements and not to anyone who may apply, service ordinarily furnished by such hotels.
JUNKYARD OR SALVAGE YARD. A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storing and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.
KENNEL. Includes the term CATTERY.
(1) Any one lot, building, structure, enclosure or premises where more than three dogs over the age of six months are kept shall be considered a commercial kennel operation.
(2) Any one lot, building, structure, enclosure or premises where more than three cats over the age of six months are kept shall be considered a cattery operation.
(3) Commercial kennels and cattery operations are not allowed in residential districts except for some restricted use in Mountain Residential Districts.
LIGHT MANUFACTURING. Manufacturing or assembly operations conducted entirely within an enclosed structure and only by the property owner and their immediate family as a family owned and operated small business which does not detract from the neighborhood standard or adversely affect neighboring properties to include excessive dust, noise or noxious vapors. LIGHT MANUFACTURING shall include activities such as electrical/mechanical assembly operations, firearm repair, leather working operations, light welding repair and fabrication, jewelry manufacturing, wood working and cabinetry operations, knife and saw sharpening operations and similar activities.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of a truck.
LOT. A parcel of land which is or may be occupied by a single main building and its accessory buildings or used customarily incidental thereto, together with such yards or open spaces within the lot lines as may be required by this chapter.
LOT, AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.
LOT, COVERAGE. The lot area covered by all buildings and structures, or parts of buildings or structures, permanent or temporary, except as provided in § 155.048.
LOT, DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.
LOT, FRONTAGE. The dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT, LINES. The lines bounding a lot as defined herein.
LOT LINE, FRONT. In the case of an interior lot, the line separating said lot from the street. In the case of a corner or double frontage lot, the line separating said lot from that street which is designated as the front street in the request for building permit.
LOT LINE, REAR. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than ten feet long and wholly within the lot.
LOT LINE, SIDE. A side lot line is any lot boundary line not a front lot line or a rear lot line.
LOT, WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
MANUFACTURED HOME. Sometimes referred to as a MOBILE HOME or TRAILER HOME. A portable dwelling unit, designed and constructed to be towed on its own chassis, comprised of frame and wheels and designed to be connected to utilities for year-round occupancy. The term shall include:
(1) Units containing parts that may be folded, collapsed, extended or retracted when being towed and that may be expanded to provide additional capacity.
(2) Units composed of two or more separately towable components designed to be joined into one integral unit, capable of being separated again for repeated towing.
MANUFACTURED HOME SPACE. A plot of ground within a mobile home area which is designed for and designated as the location for two automobiles and one mobile home and not used for any other purposes whatsoever other than the customary accessory use thereof.
MANUFACTURED HOME SUBDIVISION. Any areas, tracts or sites or plots of land, of not less than two acres, whereupon manufactured homes as herein defined are placed, located or maintained, or intended to be placed, located or maintained.
MANURE. Non-composted animal feces.
MEDICAL FACILITIES. Those facilities, buildings, structures or uses related to the medical field.
MODULAR HOME. A single finished dwelling unit, or a dwelling unit comprised of two or more components designed to be permanently joined into a single unit, which is designed to be placed on a permanent frost-free perimeter foundation, with or without a basement. The specifications and completed unit shall comply with the International Residential Code as adopted. Not a manufactured or mobile home.
MOTEL. See HOTEL.
NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.
NOXIOUS MATTER. Material (in gaseous, liquid, solid, particulate or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic or psychological well-being of individuals.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or anything that is in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
PARKING LOT. An off-street facility parking space along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.
PARKING SPACE. An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
PENTHOUSE. An enclosed structure other than a roof structure located on a roof, extending not more than 12 feet above the roof.
PLANNING AND ZONING COMMISSION. The City of Hot Springs Planning and Zoning Commission, also herein referred to as COMMISSION or THE COMMISSION.
PLAT. A map, plan or layout indicating the location and boundaries of individual properties.
PRINCIPAL USE. The specific primary purpose for which land or a building is used.
PROPERTY LINE. The legal property border line dividing private ownership from other private ownership or public right-of-way.
PUBLIC USES. Public parks, schools and administrative, cultural and service buildings not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing, under state or municipal regulations to the public, electricity, gas, steam, communication, telegraph, transportation, sewer system or water system.
PUBLIC UTILITY SUBSTATIONS, SERVICE YARDS AND PUMPING STATIONS. Include service yards used for the storage of utility supplies and for the servicing of utility vehicles and equipment.
QUARRY. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses and other recreation areas and facilities, or recreation centers including private swimming pools.
RECREATIONAL VEHICLE (RV) PARK AND CAMPGROUND. A plot of ground no less than five acres, upon which camp sites can be located and occupied as temporary living quarters in camping units, i.e. tents, cabins, self-propelled RVs, or RV trailers.
REGULATORY FLOOD. A flood which is representative or large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 50 years determined from an analysis of floods on a particular stream and other streams in the same general region.
REGULATORY FLOOD PROTECTION ELEVATIONS. The elevations to which uses regulated by this chapter are required to be elevated or flood proofed.
REQUIRED SETBACK. A distance necessary to obtain the minimum front, side and rear yards required by this chapter.
ROOMING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a hotel under the terms of this chapter.
SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the State Department of Health.
SELF-SERVICE LAUNDRY. A laundry providing home type washing, drying and ironing machines to be used primarily by the customers on the premises. Also referred to as a LAUNDROMAT.
SCHOOL, PRIVATE. An institution of learning that is not tax supported, including colleges and universities.
SCHOOL, PUBLIC. A tax supported institution of learning, including colleges and universities.
SHOP BUILDING. A heated structure designed and intended for storage or occupied occasionally as a temporary work place that is provided with water and sewer services. See BUILDING, SHOP.
SIGN, ADVERTISING. Any writing, painting, display, emblem, drawing, sign or other device designed, used or intended to be used for display or any type of publicity for the purpose of making anything known or attracting attention to a place, product, goods, services, idea or statement.
SIGN, AGGREGATE AREA. The total square footage of all business and outdoor advertising signs on any specific lot. The AREA of a sign shall be determined by the smallest circle, triangle, trapezoid or rectangle that can be used to enclose that which the advertisement is composed of, exclusive of the supporting structure that bears no message.
SIGN, ALTERATION. Any change of copy, sign face, color, size, shape, illumination, location, construction or supporting structure of any sign.
SIGN, ANIMATED. A sign that uses movement, lighting or special materials to depict action or create a special effect to imitate movement.
SIGN, AREA IDENTIFICATION. A sign to identify a common area containing a group of structures, or a single structure on a minimum of five acres, such as a residential subdivision, apartment complex, industrial park or shopping center, located at the entrance or entrances of the area will be considered as an on-premises business sign for the purpose of this chapter.
SIGN, BANNER. A sign composed of lightweight material enclosed or unenclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
SIGN, BENCH. A sign which is affixed to a bench not to include memorial dedications in park or recreational areas.
SIGN, BILLBOARD. An on-premises or off-premises sign which exceeds the sign size and/or area regulations for the district in which it is intended to be placed.
SIGN, BUILDING MARKER. Any sign or stone indicating the name of a building date or incidental information about its construction.
SIGN, BUILDING/WALL. Any sign attached to, or constructed against the wall or painted on the surface of the wall of a building, with the exposed face of the sign in a plane parallel with the plane of the wall.
SIGN, BUSINESS/TENANT. A sign that is part of or attached to the portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. For businesses located on the interior of a building without building frontage, the building elevation providing customer access shall be considered the BUSINESS FRONTAGE.
SIGN, CANOPY. A sign that is a part of or attached to any awning, canopy or other fabric, plastic or structural protective cover over a door, entrance window or outdoor service area.
SIGN, CONSTRUCTION/DEVELOPMENT. On a lot, signs not more than 12 square feet in area, stating the names of contractors, engineers or architects, but only during the time that construction or development is actively underway.
SIGN, DIRECTIONAL. Used to give directions to or location of a specific place. Messages on a DIRECTIONAL SIGN shall be limited to the proper name of the site and the mileage or distance, route numbers and exit numbers.
SIGN, DOUBLE-FACED. A sign constructed to display its message on the outer surfaces of two identical and opposite planes at an angle of 45 degrees or less.
SIGN, ELECTRONIC READER BOARD. A sign or portion thereof which can be electronically changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” portion of a sign and not a commercial message or an electronic reader board sign for purposes of this chapter.
SIGN, EXPOSED NEON. Signage such that the neon tubing is visible to the eye. This shall not include neon signs located within building windows, or behind opaque sign faces.
SIGN, FLASHING. An illuminated sign on which artificial light is not maintained stationary and/or constant in intensity and color.
SIGN, FREESTANDING OR POLE. A sign which is supported by one or more uprights, poles or braces in or upon the ground.
SIGN, FUTURE TENANT. An on-premises temporary sign that identifies the names of future businesses.
SIGN, GARAGE/YARD SALE. A private sale of personal property used to dispose of personal household possessions; not for the use of any commercial venture.
SIGN, GOVERNMENTAL. A sign erected by a government agency or its designee, setting forth information pursuant to law and/or ordinance.
SIGN, GRAND OPENING. A one-time promotional activity not exceeding 30 calendar days used by newly established businesses location within two months after occupancy to inform the public of their location and service available to the community.
SIGN, GROUND. A sign where the bottom coping is less than 24 inches from the grade below.
SIGN, ILLUMINATED. A sign where artificial light projects from within or onto the sign copy. INTERIOR ILLUMINATION shall mean signs where the artificial light source is located within the sign and is not viewable from the exterior of the sign. EXTERIOR ILLUMINATION is a light source that is visible exterior to the sign.
SIGN, INFLATABLE. An object bearing advertisement that is inflated with air or gas.
SIGN, MAINTENANCE. The repair or replacement in kind of individual sign components including paper, fabric or plastic copy panels, electrical wiring and bulbs, or paint, stucco or other exterior finishes.
SIGN, MARQUEE. A projecting sign attached to, in any manner, or made a part of a marquee. A MARQUEE SIGN must maintain a minimum vertical clearance of nine feet.
SIGN, MONUMENT. A freestanding sign that does not have exposed pole or pylon, and is attached to a single columnar base for at least 75% of the entire width of the sign.
SIGN, MULTI-FACED. A two-sided sign which is the same on both sides. The single structural component is counted as one sign.
SIGN, NON-CONFORMING. A sign lawfully erected and maintained prior to the adopting of this chapter that does not conform with the requirements of this chapter.
SIGN, OFF-PREMISES. A sign, including the supporting sign structure, which is visible from the street or highway and advertises goods or services not located on the premises and/or property upon which the sign is located; also called a BILLBOARD. The following shall not be considered an OFF-PREMISES SIGN for the purposes of this chapter:
(1) Direction or official signs authorized by law or ordinance;
(2) Real estate signs; and
(3) On-premises signs.
SIGN, ON-PREMISES. A sign that advertises goods or services available at the site and on the lawful premises of the billboard or advertising sign.
SIGN, PENNANT. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.
SIGN, POLE. A freestanding sign which is erected upon one or more posts directly in or upon the ground and not attached to, braced by, any other structure.
SIGN, POLITICAL. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.
SIGN, PORTABLE. A sign designed to be movable from one place to another, which is not affixed to the ground or structure; also called a “mobile sign.”
SIGN, PROJECTING. A sign which is affixed to a wall of a building and extends outward from the building wall with a minimum vertical clearance on nine feet.
SIGN, REAL ESTATE. A sign offering property (land and/or buildings) for sale, lease or rent (16 square feet or less).
SIGN, REPAIR. The replacement of metal or wood cabinets, structural faces, supporting structural members, primary uprights, posts and poles, or the sign in its entirety.
SIGN, ROOF. A sign erected or attached in whole or in part upon the roof of a building.
SIGN, STRUCTURE. Any structure which supports, has supported, or is capable of supporting multiple signs.
SIGN, TEMPORARY. Signs, not greater than 32 square feet in area, that are temporary in nature, used in conjunction with a specific event, that is placed, moved or erected in such a manner so that it may be easily removed from the property and is not permanently affixed. TEMPORARY SIGNS must be placed, built, erected or moved on to site location in such a manner as to be easily removed. TEMPORARY SIGNS are only allowed ten days prior to any lawful event and must be removed from premises within two business days of conclusion of the event. TEMPORARY SIGNS placed longer than 14 days must meet the requirements of a permanent sign.
SIGN, TIME AND TEMPERATURE. A sign or portion of a sign displaying only current time and temperature in an electronic, digital fashion.
SIGN, TRAILER OR SEMI-TRAILER.
(1) A trailer or semi-trailer unit that is not currently commercially licensed and operable shall be considered an off-premises sign.
(2) A trailer or semi-trailer unit that is currently commercially licensed and operable shall be considered a temporary sign.
SIGN, VEHICLE. A sign placed, painted, attached or displayed on a vehicle advertising a company, store or service.
SIGN, WINDOW. A sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window.
STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET or LANE. A public or private thoroughfare which affords the principal means of access to abutting property.
STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other street upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is an officially established grade, the existing grade of the street at such midpoint shall be taken as the STREET GRADE.
STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.
STREET LINE. The legal line between street right-of-way and abutting property.
STRUCTURE. Structure means a combination of materials to form a construction that is safe and stable and includes among other things stadiums, platforms, radio and television towers, sheds, storage bins, fences and display signs.
THEATER, MOVING PICTURE. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
TOWNHOUSE. One of a group of two or more attached single-family dwelling units built on one or more common lot lines. Each TOWNHOUSE shall be located on an individually platted lot. The owner owns the living space, the land upon which the TOWNHOUSE sits, the immediate air space above it, and the open space provided for it. Though it may have properties attached to either side, it will not have properties attached above or below it. A TOWNHOUSE can be sold as a condominium, but a condominium cannot be sold as a townhouse.
TRAILER, HAULING. A vehicle which is designed for hauling animals, produce, goods or commodities, including boats and other recreational devices.
TRAILER, TRAVEL OR CAMPING. A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants. Also known as a CAMPER or RV.
TRAVEL OR RV PARK. A plot of ground primarily for use as parking and camping facilities by persons with campers or RVs.
USE. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.
UTILITIES. Municipal and franchised utilities, and any other utility approved by the city.
WALKWAY. A path or area for pedestrians.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
YARD. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this chapter that building or structure may be located in a portion of a yard required for a main building. In measuring a YARD for the purposes of determining the width of the side yard, the shortest horizontal front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
YARD, REAR. A place on the same lot with the principal building, between the rear line of the building and the rear line of the lot and extending the full width of the lot, which is unoccupied except for permitted accessory structures.
YARD, SIDE. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
ZONING ADMINISTRATOR. The official designated by the City Council to administer the city’s zoning regulations.
(Prior Code, § 27-A-02) (Ord. 1157, passed 10- -2015; Ord. 1232, passed 7-6-2021; Ord. 1235, passed 10-4-2021)