For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign or sign structure which contains no sign copy, contains obliterated or obsolete sign copy, or is maintained in an unsafe or unsightly condition for a period of three months shall be considered an ABANDONED SIGN.
ABANDONED WELL. A well no longer used or intended to be used as a water source.
ACCESSORY BUILDING OR USE. A subordinate building or portion of the main building, the use of which is incidental to and customary in connection with the main building or the main use of the premises and which is located on the same lot with such main building or use. An ACCESSORY USE is one which is incidental to the main use of the premises.
ADULT ARCADE. Any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.
ADULT BOOKSTORE OR VIDEO STORE. A commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:
(1) Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides, or other visual representations that depict or describe specific sexual activities or specific anatomical areas.
(2) Instruments, devices, or paraphernalia that are designed for use in connection with specific sexual activities.
ADULT CABARET. Any nightclub, bar, restaurant, or other similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities; or
(3) Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
ADULT MOTION PICTURE THEATER. A commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides, or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.
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.
ADULT SERVICE. Dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or semi-nude during all or part of the time that the person is providing the service.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
AGRICULTURE. The use of land for agricultural purposes including farming, dairying, raising, breeding, or management of livestock, poultry, or honey bees, truck gardening, forestry, horticulture, floriculture, viticulture, and the necessary accessory uses for packaging, treating, or storing the produce providing that the operation of any such accessory use shall be secondary to the normal agricultural activities. This definition shall not include intensive agricultural activities such as concentrated animal feeding operations and agribusiness activities.
AIRPORT. A place where aircraft can land and takeoff, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers, including heliports.
ANIMAL UNIT. A unit of measurement based on the amount of waste produced by the animal. For the purposes of this chapter, animal units (AU) shall be calculated according to the following chart. ANIMAL UNITS relate to inventory rather than annual production. ANIMAL UNITS are computed by multiplying the number of head of a particular animal times the corresponding animal unit equivalent. Other animal species equivalent which are not listed will be based on species’ waste production.
Animal Species | Animal Unit Equivalent (AU/HEAD) |
Animal Species | Animal Unit Equivalent (AU/HEAD) |
Ducks | 0.2 |
Farrow-to-finish (sows) | 3.7 |
Feeder or slaughter cattle | 1.0 |
Finisher swine (over 55 lbs.) | 0.4 |
Horses | 2.0 |
Laying hens and broiler (separate handling system) | 0.033 |
Laying hens and broilers (continuous overflow watering) | 0.01 |
Mature dairy cattle | 1.4 |
Nursery swine (less than 55 lbs.) | 0.1 |
Sheep | 0.1 |
Swine production unit (sows, breeding, gestating, and farrowing) | 0.47 |
Turkeys | 0.018 |
ANIMAL WASTE, INCORPORATED. Animal waste applied to the land surface and mechanically mixed into the soil within 24 hours.
ANIMAL WASTE, INJECTED. Animal waste injected or tilled into the soil at the time of application.
ANIMAL WASTE, SURFACE APPLIED. Animal waste applied to the land surface without benefit of incorporation or injection. This shall not include the use of animal waste in irrigation waters.
ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas such as panels, microwave dishes, satellite dishes, and omni-directional antenna such as whip-antenna.
ANTENNA SUPPORT STRUCTURE. Any existing structure that supports wireless communications facilities, such as, but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples, and light poles.
AQUIFER. A geologic formation, group of formations, or part of a formation capable of yielding, storing, or transmitting a usable amount of ground water to wells or springs for domestic or animal use.
AQUIFER, SHALLOW. Any aquifer having the following characteristics:
(1) The aquifer is within 50 feet or less below the land surface with 15 feet or less of continuous, overlying, extremely low permeability material, such as clayey till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability for purposes of this chapter; or
(2) The aquifer is greater than 50 feet but less than 100 feet below the land surface with 30 feet or less of continuous, overlying, low to extremely low permeability geological material that may be a combination of weathered and unweathered till, shale, or till and shale.
AQUIFER PROTECTION AREA. A geographical area overlying a geologic formation, group of formations or part of a formation capable of yielding, storing, or transmitting a usable amount of ground water to wells or springs for domestic or animal use. Any deposition of sand and gravel that is connected to water bearing strata or is not isolated.
AUTOMATIC OBSTRUCTION LIGHTING SYSTEM. A lighting system that provides continuous 360-degree surveillance of the airspace around a wind farm from the ground level to above aircraft flight altitudes, automatically activating obstruction lighting when aircraft are detected at a defined outer perimeter and course of travel.
AUTOMOBILE SALES. The use of any building, land area, or their premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
AUTOMOBILE SERVICE STATION. Any building or premise which provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automobile repair work may be done at a service station, provided that no rebuilding of engines, spray paint operations, or body or fender repair is permitted. Gasoline pumps and gasoline pump islands shall be located more than 12 feet from the nearest property line.
AUTOMOBILE STORAGE YARD. The temporary storage of vehicles which are impounded, licensed, and operable in an unroofed area.
BANNERS. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame secured or mounted so as to allow movement of the sign caused by movement of the atmosphere; that is, pennants, twirling signs, balloons, or other gas-filled figures, ribbons, or other similar moving devices.
BAR/LOUNGE. An establishment that is licensed to sell alcoholic beverages, including beer, by the drink.
BED AND BREAKFAST ESTABLISHMENT. A private, single-family residence which is used to provide limited meals and temporary accommodations for a charge to the public.
BEST MANAGEMENT PRACTICES (BMP). Schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site run-off, spillage or leaks, sludge, manure disposal, manure application, manure stockpiles, or drainage from raw material storage.
BILLBOARD. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Also, an off-premises sign.
BOARD OF COUNTY COMMISSIONERS. The governing body of the county.
BOARDINGHOUSE. A building, other than a hotel or apartment hotel, where for compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.
BROADCAST. To convey, generate, transmit, or receive electromagnetic signals regardless of frequency, power level, or communications use.
BROADCAST TOWER. A structure, not including offices or studio, for the transmission or broadcast of radio, television, radar, or microwaves.
BUILDABLE AREA. The portion of the lot that can be occupied by the principal use, thus excluding the front, rear, and side yards.
BUILDING.
(1) Any structure, either temporary or permanent, forming an open, partially enclosed, or enclosed space constructed by a planned process of materials and components to be designated and used for the shelter or enclosure of any person, animal, or property of any kind.
(2) For the purpose of these regulations, retaining walls, concrete slabs, utility poles, and fences are not considered structures.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING ELIGIBILITY. See ELIGIBLE BUILDING SITE.
BUILDING, HEIGHT OF. The vertical distance from the grade to:
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof; or
(3) The average height between eaves and ridge for gable, hip, and gambrel roofs.
BUILDING LINE. A line on the lot running parallel to and the required horizontal distance from the nearest property line.
BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot on which it is located.
BUS/TRUCK TERMINAL. An area and building where buses, trucks, and cargo are stored; where loading and unloading are carried on regularly; and where minor maintenance of these types of vehicles is performed.
CAMOUFLAGE. A covering or disguise of any kind to hide or conceal.
CAMPGROUND. A plot of ground consisting of two or more campsites where camping units can be located and occupied as temporary living quarters.
CANNABIS CULTIVATION FACILITY. An entity registered with the State Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment.
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 PRODUCT MANUFACTURING FACILITY. An entity registered with the State Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary.
CANNABIS TESTING FACILITY OR TESTING FACILITY. An independent entity registered with the State Department of Health pursuant to SDCL Chapter 34-20G to analyze the safety and potency of cannabis.
CATHODIC PROTECTION. A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell; protection of a tank through the application of either galvanic anodes or impressed current.
CHANGE OF USE. Substitution of one thing for another specifically regarding use of land or use of a building.
CHEMIGATION. The process of applying agricultural chemicals (fertilizers or pesticides) through an irrigation system by injecting chemicals into the water.
CLASS V INJECTION WELL. A conduit through which potentially contaminated but generally non-hazardous fluids can move from the land surface to the subsurface; the types of primary concern in the county are:
(1) Commercial/industrial facility septic tanks used to dispose of more than domestic wastewater; and
(2) Dry wells for repair/service bay drains at facilities servicing motorized vehicles/equipment.
COMMERCIAL RECREATION FACILITY. A recreation facility operated as a business and open to the public for a fee.
COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the area, including analysis, recommendations, and proposals of economy, housing, transportation, community facilities, and land use.
CONCENTRATED ANIMAL FEEDING OPERATION. A lot, yard, corral, building, or other area where animals have been, are, or will be stabled or confined for a total of 90 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. For the purpose of these regulations, a CONCENTRATED ANIMAL FEEDING OPERATION is further defined as follows:
(1) CONCENTRATED ANIMAL FEEDING OPERATION - EXISTING. A non-permitted operation of at least 200 animal units which existed on August 3, 1995.
(2) CONCENTRATED ANIMAL FEEDING OPERATION - NEW. An operation which did not exist prior to August 3, 1995.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled, would promote the public health, safety, and welfare.
CONTAINMENT FACILITY, PRIMARY. The tank, pit, container, pipe, enclosure, or vessel of first containment of a regulated substance.
CONTAINMENT FACILITY, SECONDARY. A second level of containment outside the primary containment facility designed to prevent a regulated substance from reaching land or waters outside the containment area.
CONTAMINATION. The process of making impure, unclean, inferior, or unfit for use by introduction of undesirable elements.
CONTINGENCY PLANS. Detailed plans for control, containment, recovery, and clean up of hazardous materials released during floods, fires, equipment failures, leaks, and spills.
CONTAMINATION, AIR. A concentration of any radioactive or toxic material which is a product, by-product, or otherwise associated with any exploration, mining, or milling operation that increases ambient air radiation levels by 50 mrems from the background levels established prior to the commencement of such activity, measured at the perimeter of the mining or milling site or at the top of an exploration hole.
CONTAMINATION, WATER. A concentration of any radioactive or toxic material which is a product, by-product, or otherwise associated with any exploration, mining, or milling operation that exceeds the maximum contaminate levels established by the federal Safe Drinking Water Act, being 42 U.S.C. §§ 300f et seq., and regulations promulgated thereunder.
CONTRACTOR’S SHOP AND STORAGE YARD. Use of land or building(s) for storage and preparation of materials used by that same individual(s) in conducting the business of construction and repair work, generally completed at some other on-site location.
DAY CARE. The providing of care and supervision of a child or children as a supplement to regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.
DAY CARE, CENTER. Normally in a facility used only for providing day care nursery or pre-kindergarten services, and is limited in number over 12 by the square footage of useable space available. The ratio is presently 35 square feet per child indoors and 50 square feet per child outdoors.
DAY CARE, FAMILY. Care is done in a family home and the number of children cared for is limited to a maximum of six children under 14. Included in that count are the providers’ own children six years and under. (See HOME OCCUPATION.)
DAY CARE, GROUP. Normally in a family home. The number of children cared for is seven to 12 children under the age of 14 including the provider’s own children six years and under.
DENSITY. The number of families, individuals, dwelling units, or housing structures per unit of land.
DEVELOPMENT. The carrying out of any surface or structure construction, reconstruction, or alteration of land use or intensity of use.
DISTRICT. An area for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DWELLING. A building, or portion thereof, constructed in conformance with the International Building Code, and used exclusively for human habitation, including single-family, two-family, and multiple-family dwellings, but not including hotels, motels, or lodging houses. This definition does not include a mobile home or manufactured home (see LOT LINE, SIDE).
DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.
DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.
ELECTRICAL SUBSTATION. A premises which may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An ELECTRICAL SUBSTATION shall be secondary, supplementary, subordinate, and auxiliary to the main system.
ELIGIBLE BUILDING SITE (BUILDING ELIGIBILITY). A site which fulfills the requirements for the construction or placement of a residential dwelling or manufactured home. To compute the number of eligible building sites on a lot of record of 40 acres or more, the total acreage of the parcel shall be divided by 40 acres. The resulting whole number is the number of building sites eligible on the lot of record.
EXPLORATION. The act of searching for or investigating a mineral deposit. It includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes, and digging pits or cuts and other works for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, access ways, and other facilities related to such work. Any and all shafts, tunnels, or holes shall not exceed 18 inches in diameter unless the conditional use for EXPLORATION provides for a larger diameter. The term does not include those activities which cause no or very little surface disturbance, such as airborne surveys and photographs; use of instruments or devices which are hand-carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements; boundary or claim surveying; location work; or other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not involved in exploration.
FACILITY. Something built, installed, or established for a particular purpose.
FAMILY. One or more individuals, related by blood or law, occupying a dwelling unit and living as a single household unit. A FAMILY shall not include more than three adults who are unrelated by blood or law, in addition to persons actually related by blood or law the following persons shall be considered related by blood or law for the purposes of this chapter:
(1) A person residing with the FAMILY for the purpose of adoption;
(2) Not more than six persons under 18 years of age, residing in a foster home licensed or approved by a governmental agency;
(3) Not more than four persons 18 years of age or older residing with the FAMILY for the purpose of receiving foster care licensed or approved by a governmental agency; and
(4) Any person who is living with the FAMILY at the direction of a court.
FARMSTEAD. An area which existed on August 3, 1995 and encompasses a farm dwelling or dwellings and other agricultural buildings and structures devoted to and used in connection with a farming operation. A FARMSTEAD is generally bounded on one or more sides by a tree belt, is located on one or more quarter-quarter section parcels or equivalent area, and does not include crop land, hay land, or pasture.
FLOOD INSURANCE RATE MAP (FIRM). An official map of the county on which the Federal Insurance Administration has delineated the areas of flood hazard and their potential for flooding.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities, structures, and contents of buildings in a flood hazard area.
FLOODPLAIN. A land area adjoining a river, creek, watercourse, or lake which is likely to be flooded and which is designated as Zone A, A0, or Al-A30 on the FIRM.
FLOOR AREA. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement, or cellar when said space is used for storage or incidental uses.
FREESTANDING SIGN (GROUND SIGN). A sign supported by one or more uprights, poles, or braces in or upon the ground and not attached to any building.
FRONTAGE. All the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
GARAGE, PRIVATE. A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term REPAIRING shall not include an automobile body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.
GARAGE, STORAGE. Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GROUND SIGN. See FREESTANDING SIGN.
GROUND WATER. Subsurface water that fills available openings in rock or soil materials such that it may be considered water saturated.
GROUP HOME. A supervised living or counseling arrangement in a family home context providing for the 24-hour care of children or adults.
HAZARDOUS MATERIAL. Any contaminant as defined in this chapter, and any hazardous chemical for which a material safety data sheet must be filed under 42 U.S.C. 11021 and 11022 as in effect on the date of publication of this chapter.
HOME OCCUPATION, MAJOR. A business, profession, occupation, or trade conducted for gain or support and located entirely within a dwelling, and/or accessory building thereto, which use is accessory, incidental, and secondary to the use of the property for residential or agricultural purposes and does not change the essential residential or agricultural character or appearance of such property.
HOME OCCUPATION, MINOR. A business, profession, occupation, or trade conducted for gain or support and located entirely within a dwelling, which use is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the essential residential character or appearance of such dwelling.
HYDROLOGIC BALANCE. The relationship between the quality and quantity of inflow to and outflow from the storage in hydrologic units, such as a drainage base and aquifer, soil zone lake, or reservoir it encompasses, the quantity and quality relationships between precipitation, run-off, evaporation and the change in ground and surface water storage.
HYDROLOGIC REGIME. The entire state of water movement in a given area which is a function of the climate and includes the entire water cycle for the drainage area.
JOINT ZONING JURISDICTION. The area outside a municipality where the Board of County Commissioners has granted to the municipality joint zoning powers with the county.
KENNEL. Any premises or portion thereon where dogs, cats, or other household pets are raised, trained, boarded, harbored, or kept for payment. Veterinary clinics, animal hospitals, and animal shelters are specifically excluded.
LEAKS and SPILLS. Any unplanned or improper discharge of a potential contaminant, including any discharge of a hazardous material.
LOADING SPACE. A space within the main building or on the same lot for the standing, loading, or unloading of trucks.
LOT. A parcel or tract of land having specific boundaries and which has been recorded in the Register of Deeds office. A LOT used for residential purposes shall include only one main building together with its accessory buildings, open spaces, and parking spaces required by these regulations and shall have its principal frontage upon a road or other approved access.
LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lot lines. Public right-of-way shall not be considered part of the lot area.
LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
LOT, FRONTAGE. The length of the front lot line measured at the street right-of-way line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than three feet to any residential lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. Part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds, or a parcel of land the deed or agreement to convey to which was recorded in the office of said Register of Deeds prior to August 3, 1995.
LOT, WIDTH. The width of a lot at the front yard line.
MAIN BUILDING. See PRINCIPAL BUILDING.
MAJOR STREET. Streets or roads which have been designated as freeways or arterial routes on the major street plan.
MANUFACTURING.
(1) GENERAL MANUFACTURING. Those manufacturing processes including light manufacturing, which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare, or the operation of the processes outside the building.
(2) LIGHT MANUFACTURING. Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat, or glare. These commercial and industrial uses are characterized by generally having all aspects of the process carried on within the building.
MANURE STORAGE AREA. An area for the containment of animal manure in excess of 8,000 pounds or 1,000 gallons.
MAP, OFFICIAL ZONING. The map or maps which are legally adopted as a part of the zoning regulations that delineate the boundaries of the zoning districts.
MASSAGE ESTABLISHMENT. An establishment in which a person, firm, association, or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This definition does not apply to:
(1) Physicians who are licensed pursuant to SDCL Chapter 36-4 or a podiatrist licensed pursuant to SDCL Chapter 36-8;
(2) Registered nurses or licensed practical nurses who are licensed pursuant to SDCL Chapter 36-9;
(3) Physician assistants who are licensed pursuant to SDCL Chapter 36-4A or certified nurse practitioners and certified nurse midwives who are licensed pursuant to SDCL Chapter 36-9A;
(4) Physical therapists licensed pursuant to SDCL Chapter 36-10;
(5) Athletic trainers licensed pursuant to SDCL Chapter 36-29;
(6) Massage therapists licensed pursuant to SDCL Chapter 36-35; or
(7) Chiropractors licensed pursuant to SDCL Chapter 36-5.
MEDICAL CANNABIS CULTIVATION FACILITY or CULTIVATION FACILITY. An entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells cannabis and related supplies to a medical cannabis establishment.
MEDICAL CANNABIS DISPENSARY or DISPENSARY. An entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia or related supplies and educational materials to cardholders.
MEDICAL CANNABIS PRODUCT MANUFACTURING FACILITY or MANUFACTURING FACILITY. An entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells cannabis products to a dispensary.
MEDICAL CANNABIS TESTING FACILITY OR TESTING FACILITY. An entity that analyzes the safety and potency of cannabis.
MILLING. The processing or enhancing of a mineral.
MINE DEWATERING DISCHARGE. Water that has been discharged from active or abandoned mines in areas affected by mineral exploration, mining, and milling.
MINERAL. An inanimate constituent of the earth in a solid, liquid, or gaseous state which, when extracted from the earth, is useable in its natural form as a metal, a metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material. For the purpose of these regulations, this definition does not include surface or subsurface water, geothermal resources, or sand, gravel, and quarry rock.
MINERAL EXTRACTION. The removal of a mineral from its natural occurrence on affected land. The term includes, but is not limited to, underground and surface mining.
MOBILE HOME/MANUFACTURED HOME. Any single-family permanent living quarters, more than eight feet wide and 32 feet in length, and designed and built to be towed on its own chassis.
MOBILE HOME PARK. A parcel or tract of land designed and maintained for the purpose of providing a location for mobile homes and manufactured homes as living quarters and where private roads provide access to individual lots. This definition shall specifically exclude sales lots for mobile homes, manufactured homes, travel trailers, and similar operations.
MOTOR VEHICLE REPAIR SHOP. Any building or structure in which a business, service, or industry involving the maintenance, servicing, or repair of vehicles is conducted or rendered. This includes rebuilding of engines, spray paint operations, and hourly repair.
MREM. One thousandth of a REM.
NEIGHBORHOOD UTILITY FACILITY. Telephone, electric, and cable television lines, poles, and equipment; water, oil, or gas pipes; mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings that exceed 120 square feet of roof area) necessary for conducting a service by governmental agencies or commissions or public or private utilities. This definition does not include an electrical substation.
NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which does not comply with all of the regulations of this chapter or any amendment hereto governing bulk for the zoning district in which such building or structure is located; or is designed or intended for a nonconforming use.
NONCONFORMING USE. A use of land, buildings, structures, or premises that lawfully existed prior to the adoption, revision, or amendment to this chapter, but which fails, by reason of such adoption, revision, or amendment, to conform to the present use restrictions of the zoning district in which it is located.
NONSTANDARD USE. The category of nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this chapter which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this chapter.
NUDE MODEL STUDIO. A place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by other persons who pay money or other considerations. The term NUDE MODEL STUDIO does not include a proprietary school that is licensed by this state, a college, or a university that is supported entirely or in part by taxation, a private college, or university that maintains and operates educational programs in which credits are transferable to a college or university that is supported entirely or in part by taxation or a structure to which the following apply:
(1) A sign is not visible from exterior of the structure and no other advertising appears indicating that a nude person is available for viewing;
(2) A student must enroll at least three days in advance of a class in order to participate; and
(3) No more than one nude or semi-nude model is on the premises at any time.
NUDE, NUDITY, or STATE OF NUDITY. Any of the following:
(1) The appearance of a human anus, genitals, or a female breast below a point immediately above the top of the areola.
(2) A state of dress that fails to opaquely cover a human anus, genitals, or a female breast below a point immediately above the top of the areola.
OFFICE OF PLANNING AND ZONING. The office designated by the Board of County Commissioners to administer and enforce this chapter.
OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours. Goods, material, merchandise, or vehicles shall not include items listed, nor be of a nature as indicated in the definition of a salvage or junkyard as defined herein.
PARKING SPACE. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street and permitting ingress and egress of an automobile.
PASTURE. A field that provides continuous forage to animals and where the concentration of animals is such that a vegetative cover is maintained during the growing season.
PERMISSIVE USES. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERMITTED SPECIAL USE. A use allowed in a zoning district subject to the applicable restrictions of that zoning district and additionally subject to certain restrictions for that specific use.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or their apparel, including, but not limited to, laundry or dry cleaning, garment services, coin-operated laundry, photographic and art studios, beauty shop, barber shop, shoe repair, reducing salon and health club, and clothing rental.
PLACE OF WORSHIP. A structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural or other features.
PLANNING COMMISSION. The Planning Commission appointed by the Board of County Commissioners, who shall regularly meet and make determinations or recommendations as provided for by this chapter.
PLANNING DIRECTOR. The individual appointed by the Board of County Commissioners and designated to administer and enforce the zoning ordinance.
PORTABLE SIGN. Any sign not permanently attached to the ground or building.
PREMISES. A lot, parcel, tract, or plot of land together with all buildings and structures thereon.
PRIMARY CONTAINMENT FACILITY. A tank, pit, container, pipe, or vessel of first containment of a liquid or chemical.
PRINCIPAL BUILDING. A building in which is conducted the primary or predominant use of the lot on which it is located.
PRINCIPAL USE. The primary or predominant use of any lot.
PUBLIC UTILITY FACILITIES. See NEIGHBORHOOD UTILITY FACILITIES. The definition is the same as the NEIGHBORHOOD except that buildings that exceed 120 square feet in roof area are allowable.
QUARTER-QUARTER SECTION. A quarter of a quarter section as determined by the United States Rectangular Land Survey System shall be considered a quarter-quarter section for purposes of these regulations. For purposes of these regulations, rights-of-way for public or private transportation shall not impact the completeness of a quarter-quarter section.
RECHARGE CAPACITY. The ability of the soils and underlying materials to allow precipitation and run-off to infiltrate and reach the zone of saturation.
REGULATED SUBSTANCE. A regulated substance shall include: pesticides and fertilizers; hazardous and toxic substances designated by the EPA through any of the following: Clean Water Act, being 33 U.S.C. §§ 1251 et seq., Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., Resource Conservation and Recovery Act, being 42 U.S.C. §§ 6901 et seq., or Comprehensive Environmental Response Compensation and Liability Act, being 42 U.S.C. §§ 9601; petroleum and petroleum substances; kerosene; fuel oil; oil sludge; oil refuse; oil mixed with other wastes; crude oils; additives used in refining oils; and gasoline. This term does not include sewage and sewage sludge.
REM (ROENTGEN EQUIVALENT MAN). A measurement of the biological effects resulting from ionizing radiant energy where roentgen is the amount of radiation leading to the absorption of 88 ergs of energy per gram of air.
RESIDENCE. A permanent dwelling place.
RETAIL SALES AND TRADE. Establishments engaged in selling products, goods, or merchandise to the general public for personal or household consumption; establishments engaged in providing services or entertainment to the general public including eating establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, and other miscellaneous services.
SALVAGE or JUNKYARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, bottles, and motor vehicles. This definition includes an automobile wrecking or dismantling yard, but does not include uses established entirely within enclosed buildings.
SANITARY LANDFILL. A site for the disposal of garbage and other refuse material.
SECONDARY CONTAINMENT FACILITY. A second tank, catchment pit, pipe, or vessel that limits and contains a liquid or chemical leaking or leaching from a primary containment area.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.
SETBACK/SETBACK LINE. The line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be erected or placed.
SIGN. Any object, device, or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. This definition does not include national or state flags or their emblem or insignia, interior window displays, athletic scoreboards, or the official announcements or signs of government.
SIGN AREA. The area of the largest single face of the sign within the perimeter which forms the outside shape including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
SIGN (OFF-PREMISES). A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
SIGN (ON-PREMISES). A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located.
SOLID WASTE RECEIVING STATION. A facility where garbage and other refuse material is collected at a central location, compacted, and then transported for disposal at a landfill site.
SPECIFIC SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation, or sodomy.
(3) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female breast.
(4) Excretory functions as part of or in connection with any of the activities under divisions (1), (2), or (3) above.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) A human anus, genitals, the pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.
(2) Male genitals in a discernibly turgid state even if completely and opaquely covered.
STABLE. Any premises or part thereon where horses or any equine animal are maintained, boarded, bred, or cared for in return for payment, or are kept for the purpose of sale.
STATIONARY TANK. An above ground tank which is fixed permanently in place on a foundation, rack, cradle, stilts or on the ground. The term does not include tanks mounted on wheels, trolleys, skids, pallets, or rollers.
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 is no floor above it, then the space between the floor and the ceiling next above it.
STREET. A public right-of-way which affords the principal means of access to abutting property. Also referred to a road or highway.
STREET LINE. The line between the public right-of-way and private property.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. For the purpose of these regulations, retaining walls, concrete slabs, and utility poles are not considered structures.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building developments (whether immediate or future). This term includes resubdivision and, when appropriate to the context, is related to the process of subdividing or to the land subdivided.
SURFACE IMPOUNDMENT. A facility, or part of a facility which is a natural topographic depression, human-made excavation, or dike area formed primarily of earthen materials (although it may be lined with human-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
TEN YEAR TIME OF TRAVEL DISTANCE. The distance that ground water will travel in ten years. This distance is a function of aquifer permeability and water table slope.
TOWER FACILITY(IES). Structures 35 feet or more in height and that may include a tower, antenna(s), equipment building(s), anchor points, and other related equipment used by broadcast services and/or wireless telecommunications services.
TOWER, HEIGHT. The height of the tower is the vertical distance from the point of contact with the ground to the highest point of the tower including all antenna or other attachments.
TOWER, MONOPOLE. A tower consisting of a single pole, constructed without any guy wires and ground anchors.
TRAILER. Means any of the following:
(1) CAMPING TRAILER. A canvas, folding structure, mounted on wheels and designed for travel, recreation, and vacation use.
(2) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.
(3) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
(4) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified TRAVEL TRAILER by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet, and a body length not exceeding 30 feet.
TRUCK STOP.
(1) Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks, and similar commercial vehicles.
(2) A TRUCK STOP also may include overnight accommodations and restaurant facilities.
UNSAFE SIGN. A sign on which the display area or structure has deteriorated due to rust, rotting, or physical damage to the point where any portion of the sign has the potential to fall shall be considered unsafe.
UNSIGHTLY SIGN. A sign which has deteriorated to the point where at least one-fourth of the display area is no longer clearly recognizable at a distance of 20 feet; or where the paint is peeling, chipping, or flaking from the structure shall be considered an unsightly sign.
WAREHOUSE. A building used primarily for the storage of goods and materials.
WASTE. Any garbage, refuse, manure, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded materials, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, being 33 U.S.C. § 1344, or source, special nuclear or by-product materials as defined by the Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq.
WATER TABLE. The upper surface of a zone of saturation where the body of ground water is not confined by an overlying impermeable zone.
WHOLESALE MERCHANDISING/TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WIND ENERGY CONVERSION SYSTEM (WECS). Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.
WIRELESS TELECOMMUNICATION. Any ground or roof mounted structure of more than 35 feet in height above average ground level built for the purposes of supporting, elevating, or attaching antenna(s) for broadcasting of cellular, personal communications, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services. For all sections of this chapter, WIRELESS TELECOMMUNICATION shall not be considered a public utility.
YARD. Reserved.
YARD LINE. See BUILDING LINE.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line.
YARD, REQUIRED. The required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this chapter.
YARD, REQUIRED FRONT.
(1) The required front yard shall extend across the front of a lot between the property lines. There shall be a REQUIRED FRONT YARD on each street side of a corner lot.
(2) The REQUIRED FRONT YARD with the smallest required front yard may be referred to as the side-street-side front yard.
YARD, REQUIRED SIDE. The required side yard shall extend between the required front yard line and the required rear yard line. There shall only be one REQUIRED SIDE YARD on a corner lot.
YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
ZONE OF CONTRIBUTION. The entire area around a well or wellfield that contributes water to the well or wellfield.
ZONING DISTRICT. A specifically delineated area within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
ZONING PERMIT.
(1) A document signed by the Planning Director or an authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a building.
(2) Said document acknowledges that such use or building complies with the provisions of the zoning regulations or an authorized variance therefrom.
(Ord. 0904-05, passed 5-20-2009; Ord. 1907-49, passed 7-23-2019; Ord. 2106-30, passed 6-22-2021; Ord. 2207-06, passed 7-5-2022)