(A) For the purpose of this chapter, certain terms and words are hereby defined. Words used:
(1) In the present tense shall include the future;
(2) The singular number shall include the plural, and the plural number includes the singular;
(3) The word “building” shall include the word “structure,” and the word “shall” is mandatory, not discretionary, and the word “may” is permissive; and
(4) The word “person” includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual; the word “lot” includes the words plat or parcel, and the words
“used” or “occupied” include the words intended, designed, or arranged to be used or occupied. Any word not herein defined shall be as defined in any recognized Standard English Dictionary.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicated or required a different meaning.
ACCESSORY USE OR STRUCTURE. As applied to use or structure, means customarily subordinate or incidental to, and on the premises of such use or structure.
ADJACENT PROPERTY. Any lot, parcel, or property bordering by means of adjoining, abutting, or intersecting a specified lot boundary, and those lots immediately across a public right-of-way from a specified lot.
ADULT BOOKSTORES. An establishment having, as a substantial portion of its stock in trade, books, magazines, films, or videotapes for sale or viewing on the premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as such terms are defined in this section, or an establishment with a segment or section devoted to the sale or display of such material.
(a) ADULT BOOKSTORES may alternatively or in conjunction with the above stock in trade sell undergarments and other clothing designed for the display of Specified Anatomical Areas or for the enhancement of specified sexual activities.
(b) Further, an ADULT BOOKSTORE may alternatively or in conjunction with the above stock in trade sell prosthetic devices, dolls, candles, vibrators, and other objects for sexual gratification which take the form of specified anatomical areas and for the purpose of enhancing specified sexual activities.
ADULT ENTERTAINMENT FACILITY. An establishment offering to its patrons, as entertainment, any exhibition or display or any theatrical or other live performances which include topless or go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any persons singing, reading, posing, modeling, or serving food or beverages, where the exhibition, performance, display, or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of persons involved is such as to expose specified anatomical areas, as defined in this section.
ADULT MOTION PICTURE THEATER. An enclosed building, regardless of its seating capacity, which is used to present for public view on the premises, films, movies, previews, trailers, or advertisements which are distinguished by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section.
ADULT PHOTO STUDIO. An establishment which, on payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas, as herein defined.
ADULT USE. Includes adult entertainment facility, adult bookstores, adult motion picture theaters, and adult photo studios as defined in this section.
AGGRIEVED PERSON. Any person directly interested in the outcome of and aggrieved by a decision or action or failure to act pursuant to this chapter who:
(a) Establishes that the person suffered an injury, an invasion of a legally protected interest
that is both concrete and particularized, and actual or imminent, not conjectural or hypothetical;
(b) Shows that a causal connection exists between the person’s injury and the conduct of
which the person complains. The causal connection is satisfied if the injury is fairly traceable to the challenged action, and not the result of the independent action of any third party not before the court;
(c) Shows it is likely, and not merely speculative, that the injury will be redressed by a
favorable decision; and
(d) Shows that the injury is unique or different from those injuries suffered by the public in general.
AIRPORT. A place where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers, including heliports.
AGRICULTURE. The cultivation of the soil, and all activities incident thereto, except that said term shall not include the raising and feeding of hogs, sheep, goats, cattle, poultry, or fur-bearing animals.
ALLEY. A public or private right-of-way which affords secondary means of access to abutting property.
ANIMAL UNIT. One ANIMAL UNIT is equivalent to 1.0 beef cow, steer, or fat beef animal; 0.5 horse; 0.7 mature dairy cow; 1.7 finishing swine; 6.7 sheep/goats; 55 turkeys; 5 ducks/geese; or 33 hens, cockerels, capons, or broilers.
APARTMENT. A room or suite of rooms designed for, intended for, or used as a residence for one family or individual and equipped with cooking facilities.
APARTMENT BUILDING. A detached dwelling designed for, or occupied by, three or more family units.
ATTACHED GARAGE. A garage which is attached by a common wall side by side, extending from the basement floor to the roof, or a detached garage which is within ten feet of the dwelling.
AUTOMOBILE SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. This definition does not include storage, body repair, or auto salvage operations.
BAR/LOUNGE/TAVERN. An establishment that is licensed to sell alcoholic beverages by the drink.
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
BED AND BREAKFAST (B&B’S). A private single-family residence, which is used to provide limited meals and temporary accommodations for a charge to the public.
BIN STORAGE CONTAINERS. Any structure designed or used for the purpose of storing or holding grain or other combustible solid fuel. Such structures will be considered accessory structures and will be regulated as such. All BIN STORAGE CONTAINERS will require a condition use permit.
BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary line of the corporate limits of the city.
BOARDING HOUSE. A building other than a motel, hotel, or restaurant, where lodging and meals are provided for three or more persons, but not exceeding ten persons, and not open to public or transients.
BUFFER. The use of land, topography, space, fences, or landscape planting to partially screen a use or activity from another property and thus reduce undesirable views or influences.
BUILDING. A structure which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar openings.
BUILDABLE AREA. That portion of the lot that can be occupied by the principal use, thus excluding the front, rear, and side yards. The diagram below illustrates the BUILDABLE AREA of a hypothetical lot. This diagram is for reference only. Setbacks and other requirements vary from district to district. (See illustration below).
BUILDING HEIGHT. The vertical distance from the mean curb level along the front lot line or from the mean ground level for all that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the top line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the mean distance of the highest gable on a pitched or hip roof.
BUTCHER SHOP. A retail store supplying meat and poultry products where meat processing is limited to making cuts of meat from pre-processed carcasses.
CAMPGROUND. Shall mean a plot of ground for public use upon which two or more campsites are located, established, maintained, advertised, or held out to the public, to be a place where camping units can be located and occupied as temporary living quarters. CAMPGROUNDS for tent trailers and recreational vehicles shall be sited with consideration for access to the property. The campground shall be designed to minimize the impact from adjacent major thoroughfares.
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, 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. A legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
CANNABIS DISPENSARY. 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. 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. A legally licensed entity legally authorized to analyze the safety and potency of cannabis.
CAR WASH. A facility used to clean the exterior, and sometimes the interior, of automobiles.
CARETAKER’S RESIDENCE/WATCHMAN’S QUARTERS. A dwelling unit which is occupied by one who is employed by a business located on the same premises or within the same structure as said dwelling unit.
CHURCH. A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. The definition of CHURCH includes all religious institutions.
CLEAR VIEW TRIANGLE. A triangular-shaped portion of land established at street intersections and ingress/egress points in which there are restrictions on things erected, placed, or planted which would limit or obstruct the sight distance of motorists entering or leaving the intersection (see illustration below).
CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by physicians, psychologists, optometrists, chiropractors, or dentists and other health care professionals practicing medicine together and including facilities for training and rehabilitation.
COMMERCIAL STORAGE, MINI-STORAGE FACILITIES. Individual locker storage facilities (frequently with some accessory outdoor vehicle/boat storage) primarily for the benefit of residential or small business users in which are kept household items, business records, vehicles, recreational equipment, and the like.
COMMERCIAL VEHICLE. Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds.
COMMISSION. The Planning Commission of the City of Milbank, South Dakota. See also, “Planning Commission.”
COMPREHENSIVE PLAN (COMPREHENSIVE LAND USE PLAN). The adopted long-range plan intended to guide the growth and development of the city including a compilation of policy statements, objectives, standards, and maps for guiding the physical, social, and economic development, both public and private, of the municipality and its environs, as defined in current state law.
CONDITIONAL USE. A use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district. CONDITIONAL USES are subject to evaluation and approval by the Board of Adjustment.
CONDOMINIUM. The ownership of single units in a multi-unit residential structure with common elements. (With the property subject to the condominium regime established pursuant to SDCL 43-15A). Commercial uses may occupy properties platted pursuant to SDCL 43-15A, however where referenced herein, the term CONDOMINIUM only authorizes the structure to be used for residential purposes. This chapter does not differentiate between the manner of ownership of non-residential uses.
CONSTRUCTION. Any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route but does not include changes needed for temporary use of sites or routes for non-utility purposes, or uses in securing survey or geological data, including necessary borings to ascertain foundation conditions.
CONSTRUCTION, ACTUAL. Construction materials are being permanently placed and the construction work is proceeding without undue delay.
CONTRACTOR SHOPS AND STORAGE YARDS. Those facilities to include structures and land areas where the outdoor storage of equipment and supplies used for various types of off-site construction are stored. Examples of equipment and supplies include, but are not limited to, the following: road construction; building construction; gravel operations; and general contracting services.
CONVENIENCE STORE. Any retail establishment offering for sale pre-packaged food products, household items, and other goods commonly associated with the same, at which a customer typically purchases only a few items during a short visit. CONVENIENCE STORES may or may not sell fuel.
COURT. An open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.
CURB LEVEL. The CURB LEVEL is the level of the established curb in front of the building measured at the center of such front. Where no CURB LEVEL has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this chapter.
DAY CARE. Any operation, which provides childcare services whether accessory to the caregiver’s home or operated in a separate commercial structure.
DAY CARE CENTER. A commercial structure used for the purposes of providing childcare services. To be considered a DAY CARE CENTER under these regulations, must be licensed by the State of South Dakota.
DUPLEX HOUSE. A dwelling having apartments with separate entrances for two families. This includes two-story houses having a complete apartment on each floor and also side-by-side apartments that share a common wall.
DWELLING. Any building or part thereof which is designed or used exclusively for residential purposes by one or more human beings either permanently or transiently.
(a) DWELLING, FARM. Any dwelling located on a farming operation, which is used or intended for use as a residence by the farm’s owner, relative of the owner, or a person employed on the premises.
(b) DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
(c) DWELLING, SINGLE-FAMILY. A detached residential dwelling building, other than a manufactured home, but to include modular homes designed for and occupied by one family only.
(d) DWELLING, TWO-FAMILY. A residential building containing two household units, designed for occupancy by not more than two families.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may in the same structure, and containing independent cooking and sleeping facilities.
ELECTRONIC MESSAGE SIGN. A sign whose message may be changed at intervals by electronic process or remote control and whose only movement is the periodic changing of information having a constant light level.
ENGINEER. Any engineer licensed by the State of South Dakota.
EXCEPTION. An exemption to a specified regulation within this chapter which, unless otherwise specified, may be authorized by the Administrative Official.
EXTENDED HOME OCCUPATION. A home occupation conducted outside of the residence and/or in an accessory building.
FAMILY. One or more individuals living, sleeping, cooking, or eating on the premises as a single unit; but it shall not include a group of more than five individuals not related by blood or marriage.
FARM. A bonafide business for the production of agricultural products and the incidental use of horses, dogs, or other animals and other similar operations; but specifically excluding greenhouses, horticultural nurseries, and kennels and other similar commercial operations.
FEEDLOT. A lot, yard, corral, building, or other area where animals in excess of ten animal units per acre or in excess of ten animal units per parcel of land have been, are, or will be stabled or confined for a total of 45 days or more during any twelve-month period, and where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility.
FILLING (SERVICE) STATION. Also referred to “automobile service station”. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, but where the following activities are not carried out as a normal part of doing business:
(a) Major mechanical work, involving removal of the head or crankcase;
(b) Auto body work, including straightening of auto body parts;
(c) Painting or welding of any automobile parts;
(d) Storage of automobiles not in operating condition; and
(e) Any other automobile work which involves noise, glare, fumes, smoke, or other characteristics not normally found at places which sell gasoline at retail.
FLAMMABLE LIQUIDS. Any liquid which gives off flammable vapors, as determined by the flash point from an open-cup tester as used for test of burning oils, at or below a temperature of 80º Fahrenheit, is flammable.
FLASHING SIGN. Any illuminated sign that has artificial light or color which is not maintained at a constant intensity or color when such sign is in use. A sign providing public service information, such as time, weather, date, temperature, or similar information, shall not be considered a FLASHING SIGN.
FUNERAL HOME. A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A FUNERAL HOME, as defined for purposes of this chapter, includes a funeral chapel, but does not include crematoriums.
GAME LODGE. A building or group of two or more detached, or semi-detached, or attached buildings occupied or used as a temporary abiding place of sportsmen, hunters, and fishermen, who are lodged with or without meals, and in which there are sleeping quarters.
GARAGE, PRIVATE. An accessory building used for the storage of not more than four vehicles owned and used by the occupant of the building to which it is necessary. Vehicles include cars, pick-ups, and boats, but not commercial vehicles.
(a) 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.
(b) GARAGE, STORAGE. Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
GOVERNMENTAL AGENCY. An organized entity which, in addition to having governmental character, has sufficient discretion in the management of its own affairs to distinguish it as separate from the administrative structure of any other governmental unit.
GRADE. The finished grade of premises improved by a building or structure is the average natural elevation or slope of the surface of the ground within 50 feet of the building or structure.
GREENHOUSE. A building whose roof and sides are made largely of glass regulated for the
cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GROSS FLOOR AREA. The total area of all floors of a building, including intermediately floored tiers, mezzanine, basements, and the like, as measured from exterior surfaces of the outside walls of the building.
GROUP HOME. A supervised living or counseling arrangement in a family home context providing for the 24-hour care of children or adults.
HEIGHT OF STRUCTURE. The vertical distance from the established average sidewalk grade of street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.
HIGH VOLTAGE TRANSMISSION LINE. A conductor of electric energy and associated facilities.
HOUSEHOLD UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
HOTEL or MOTEL. A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are four or more guest rooms, and which is open to the public and transients.
INDOOR RECREATION FACILITY. An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports, including, but not limited to, basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sports, health or fitness items, and other support.
JUNK YARD. The use of more than 50 square feet of any land, building, or structure, whether for private or commercial purposes, or both, where waste discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded vehicles, paper, rags, rubber, cordage, barrels, machinery, and the like, or parts thereof with or without the dismantling, processing, salvage, sale, or other use or disposition of the same.
KENNEL. Any place where more than three dog(s) or cat(s) over four months of age are owned, boarded, raised, bred, and offered for sale.
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 itself.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.
LOT. A parcel or tract of land having specific boundaries, and which has been recorded in the Register of Deeds’ office. Unless otherwise specified by this chapter or allowed by the Board of Adjustment, a LOT shall include only one principal 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 COVERAGE. For the purposes of this chapter, the percentage determined by dividing the area of a lot covered by the total (in square feet of: (A) the footprint of the primary structure; and (B) the footprint(s) of all accessory structures by the total lot area (D). (See formula and figure below):
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE. Minimum FRONTAGE for lots located on cul-de-sacs shall be determined as the average of the widest and narrowest width of the lot.
LOT MEASUREMENTS.
(a) AREA. The area of a horizontal plane in square feet or acres within the lot line.
(b) DEPTH. The average mean horizontal distance between the front and rear lot lines.
(c) WIDTH. The width of a lot at the front yard line.
LOT MERGER AGREEMENT. A contractual document with the purpose of joining two legal lots together in order to accommodate certain Planning and Zoning Regulations.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Grant County Register of Deeds, prior to the adoption of the zoning ordinance herein.
LOT TYPES. See figure below.
(a) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees (Lot A in the diagram).
(b) DOUBLE FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (Lot A and D in the diagram), an interior lot (Lot B and D in the diagram) or through lot (Lot C and D in the diagram.).
(c) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street (Lot B in the diagram).
(d) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots (Lot C in the diagram).
LOT WIDTH. The width of a lot is its own mean width measured at right angles to its mean depth.
MANUFACTURED HOUSING.
(a) ANCHORING SYSTEM. An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home.
(b) ANSI/NFPA 501A STANDARDS FOR INSTALLATION OF (MANUFACTURED) MOBILE HOMES. Model national standards (including all authorized successor documents) for installation of manufactured and mobile homes, as adopted and copyrighted by the National Fire Protection Association and Manufactured Housing Institute.
(c) EXPANDO UNIT. An expandable manufactured housing unit.
(d) FOUNDATION SIDING/SKIRTING. A type of wainscoting constructed of fire and weather resistant material, such as aluminum, asbestos board, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured.
(e) PERMANENT PERIMETER ENCLOSURE. A permanent structural system completely enclosing the space between the floor joists of the home and the ground.
(f) PERMANENT FOUNDATION. Any structural system for transporting loads from a structure to the earth at a depth below the established frost line without exceeding the same bearing capacity of the supporting soil.
(g) SECTION. A unit of a manufactured home at least ten body feet in width and 30 feet in length.
(h) SUPPORT SYSTEM. A pad or combination of footings, piers, caps, plates, and shims, which, when properly installed, support the manufactured or mobile home.
MEASUREMENT. Unless otherwise specified, all distances shall be measured horizontally and shall be expressed to the nearest integral foot. If a fractional distance is one-half foot or less, the preceding or lesser integral foot measurement shall control.
MINING. The excavation of earth materials for the purpose of sale.
MOVED-IN BUILDING. A building that previously existed on a lot of different location relocated for use as a residence, out-building, commercial, industrial, or any building used in relation to these uses shall be recognized as a MOVED-IN BUILDING.
MOTEL/HOTEL. A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are four or more guest rooms, and which is open to the public and transients.
NON-CONFORMING USE. Any building or structure, or land lawfully occupied by a use at the time of passage of this chapter or amendment which does not conform after the passage of this chapter or amendment with the use regulation of the district in which it is situated.
NON-STANDARD USE. The category of non-conformance 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.
OUTDOOR ADVERTISING BUSINESS. Provisions of outdoor displays or display space on a lease or rental basis only.
OUTDOOR DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service. This definition excludes new and used sale, lease, or rental of automobiles, trucks, motorcycles, recreational vehicles, boats, or watercraft.
OUTSIDE STORAGE. The keeping of commodities, goods, raw materials, equipment, vehicles, heavy vehicles, or merchandise not within an enclosed building, including incidental maintenance and repair of the material which is being stored. This definition excludes new and used sale, lease, or rental of automobiles, trucks, motorcycles, recreational vehicles, boats, or watercraft. Parking of company-owned automobiles that are currently registered, licensed, and operable will be excluded. Materials and equipment that are transferred from an enclosed building for an outdoor sales display are not considered OUTSIDE STORAGE.
PARCEL. A single tract of land, located within a single block, which at the time of filing for a building/use permit, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building or structure, for which the building/use permit are issued and including such area of land as may be required by the provisions of this chapter for such use, building or structure.
PARKING SPACE, OFF-STREET. Consists of a space for parking an automobile with room for opening doors on both sides, together with related access to a public street or alley, and maneuvering room; a space for parking of automobiles which has a minimum width of nine feet and a minimum length of 19 feet.
PERMIT. A permit required by these regulations unless stated otherwise.
PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSON. In addition to an individual, includes the following terms: “firm”; “association”; “organization”; “partnership”; “trust”; “company”; or “corporation”; joint venture, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
PERSONAL SERVICES. Establishments providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons; tattoo parlors; body piercing studios; and the like. These uses may also include accessory retail sales of products related to the services provided.
PLANNING COMMISSION. The appointed members of the PLANNING COMMISSION serving in an advisory capacity on planning and zoning matters. The “Planning and Zoning Commission” required in SDCL 11-6-2 shall be referred to throughout this document as the “Planning Commission.”
PLAT. The map, drawing, or chart on which the subdivider’s plan of subdivision is legally recorded.
PRINCIPAL USE. The primary use to which the premises are devoted.
PROFESSIONAL SERVICES. Work done for others, predominately on the premises of the office, by someone trained and engaged in such work for a career (e.g., doctors, lawyers, accountants).
RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy. A RECREATIONAL VEHICLE does not include manufactured homes.
RELIGIOUS INSTITUTION. Any building used for non-profit purposes by an established religious organization holding either tax exempt status under I.R.C. § 501(c)(3) or under the state property tax law, where such building is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, temple, synagogue, and mosque.
SANITARY LANDFILLS. Method of waste disposal involving the dumping and daily covering of waste material all in compliance with state regulations.
SALE OR AUCTION YARD/BARN. A place or building where the normal activity is to sell or exchange livestock. Livestock are normally in yard or farm for one day during sale or auction.
SCREENING. Earthforms, walls, fences, plant material, or other structures or devices intended to partially obscure, conceal, or protect from off-site view.
SERVICE STATION, AUTOMOBILE. 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.
SETBACK. The setback of a building is the minimum horizontal distance between the front line or street line and the nearest edge of any building or any projection thereof.
SHEET SIDING. Any siding material customarily installed as a sheet and composed of galvanized, painted, or bonded metal, and customarily installed in a vertical manner, but also capable of being installed horizontally.
SHOPPING CENTER. Retail buildings of greater than 100,000 square feet and designed for more than one tenant.
SIGN.
(a) A name, identification, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public, and which directs attention to a product, place, activity, purpose, institution, or business.
(b) Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
1. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
2. Flags and insignia of any government except when displayed in connection with commercial promotion;
3. Legal notices, identification, information, or directional signs erected or required by governmental bodies;
4. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and
5. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(c) SIGN AREA. The total area or areas of all signs within the outer edges of the sign or advertising message. SIGN AREA may be calculated in the following manners:
1. A single message on a single sign face:
2. Multiple messages on a single sign face:
3. Multiple messages on stacked signs:
(d) SIGN (FLASHING). Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.
(e) SIGN (GROUND). A sign which is anchored to the ground and has no air space between grade and the bottom of the frame or sign facing.
(f) SIGN (ILLUMINATED). Any sign which has characters, letters, figures, designs, or outlines illuminated by electric or luminous tubes as a part of the design.
(g) SIGN (NAMEPLATE). Any sign which states the name or address or both of the business or occupant of the lot where the sign is placed.
(h) SIGN (PARKING). A sign which provides specific instruction to the public, including, but not limited to, “Center”, “Exit”, “No Parking”, “Drive Through”. No parking sign shall be permitted to include any commercial message.
(i) SIGN (POLE). A freestanding sign wholly supported by one or more poles.
(j) SIGN (PORTABLE). Any sign not permanently attached to the ground or other permanent structure designed to be transported from structure to structure or site to site at periodic intervals. PORTABLE SIGNS include signs attached to or painted on vehicles, unless said vehicle is used in the normal day-to-day operations of the business. PORTABLE SIGNS are temporary signs.
(k) SIGN (PROJECTING). Any sign that is affixed at an angle or perpendicular to a wall of any building in such a manner as to be read either perpendicular or at an angle to the wall on which it is mounted.
(l) SIGN (REAL ESTATE). A sign placed upon property for the purpose of advertising the sale, lease, or availability for rent of property.
(m) SIGN (ROOF). A sign erected upon and above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. Roof signs shall constitute any message placed upon sloped building fascia intended to appear as or actually be roof elements of the building.
(n) SIGN (ROTATING). A sign which revolves or rotates on its axis by mechanical means.
(o) SIGN STRUCTURE. Any structure which supports, has supported, or is capable of supporting a sign, including decorative cover.
(p) SIGN (TEMPORARY). Any sign used for varying periods of time which is not permanently attached to the ground or other permanent structure. See below examples of TEMPORARY SIGNS (not all inclusive).
(q) SIGN (WALL). A sign placed flat against a structure, fence, or wall. Signs painted onto a wall, fence, or structure are wall signs.
SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and refining of their by-products for wholesale purposes.
SLEEPING QUARTERS. A room or an area contained within a dwelling unit utilized for the purpose of sleep.
SPECIAL PERMITTED USE. Any land use listed as a special permitted use within a zoning district that meets the specified criteria for certification.
SPECIFIED ANATOMICAL.
(a) Less than completely and opaquely covered human or animal genitals, pubic region, or pubic hair, buttocks; and female breasts below a point immediately above the top of the areola.
(b) Genitals of humans or animals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human or animal genitals in the state of sexual stimulation or arousal.
(b) Acts or representations of acts of human or animal masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation.
(c) Fondling or erotic touching of human or animal genitals, pubic region, buttock, or female breast.
(d) Excretory functions as part of or in connection with any activities set forth in an “adult bookstore” or “adult entertainment facility”.
STABLE. A building for the shelter and feeding of domestic animals, especially horses and cattle.
STABLE, COMMERCIAL. A building for the shelter and feeding of domestic animals, especially horses and cattle, where such domestic animals are raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics, animal hospitals, and animal shelters are specifically excluded.
STAND, ROADSIDE. A structure for the display and sale of products with no space for customers within the structure itself.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50% of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a STORY.
STORY, FIRST. The lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story; provided such floor level is not more than four feet below grade for more than 50% of the total perimeter, or more than eight feet below grade at any point.
STREET LINE. A right-of-way line of a street.
STREET. A public right-of-way which affords the principal means of access to abutting property. Also, may be referred to as road or highway. The term street shall include and apply to any public way except alleys. STREETS may be further classified in accordance with the following terms referenced in the Comprehensive Land Use Plan.
(a) ARTERIAL STREET. A street designated as such upon the major street plan of the Comprehensive Land Use Plan.
(b) COLLECTOR STREET. A street designated as such upon the major street plan of the
Comprehensive Land Use Plan.
(c) LOCAL STREET. Any street which is not an arterial street or collector street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, STRUCTURES include, but are not limited to, buildings, manufactured homes, walls, fences, swimming pools, and signs.
STRUCTURE, TEMPORARY. Anything constructed or erected, or placed, the use of which requires temporary location on the ground or attached to something having a temporary location on the ground.
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.
SUBSTANTIALLY COMPLETED. This term refers to the amount of work required to be completed in association with a building/use permit issued by the city. In order to be substantially complete, 75% of the project for which a building/use permit has been issued is required to be finished.
TOWNHOUSES. See the definition of “condominium”.
TRAILER. Means any of the following:
(a) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses. The TRAILER shall be 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.
(b) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
(c) MOTOR-HOME. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self-propelled vehicle.
(d) CAMPER TRAILER. A canvas, folding structure, mounted on wheels, and designed for travel, recreation, and vacation use.
TREE. A tree which is required by this chapter and meets or exceeds the definitions of deciduous shade trees and evergreen or coniferous trees.
(a) TREE, DECIDUOUS SHADE. A woody plant that normally grows with one main trunk and has a canopy that screens and filters the sun in the summer months.
(b) TREE, EVERGREEN OR CONIFEROUS. A tree species with foliage that persists and remains green year-round.
TWIN-HOMES. A two-family dwelling which has a common wall and is platted into two separate lots.
USE. The purpose for which land or premises or a building thereof is designated, arranged, or intended, or for which it is or may be occupied or maintained.
USABLE OPEN SPACE. Land area and facilities specifically designated and developed for recreational or social activities of individuals or groups excluding required setback areas, in addition to those areas and facilities designated and developed for the private use of residents of individual dwelling units.
UTILITY. All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication, and telephone cable, and includes facilities for the generation of electricity.
VARIANCE. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a VARIANCE be granted because of the presence of non- conformities in the zoning district or uses in an adjoining zoning district.
VETERINARY CLINIC. A commercial activity catering to the medical needs of animals and having no outside runs or areas of outdoor animal confinement.
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 Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product materials as defined by the Atomic Energy act of 1954, as amended.
WATCHMAN’S QUARTERS. See the definition of “caretaker’s residence/watchman’s quarters”.
WETLANDS. Any area where ground water is at or near the surface at least six months of the
year; the boundary of which shall be defined as that area where the emergent aquatic vegetation ceases and the surrounding upland vegetation begins.
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.
YARD. An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line.
(a) YARD, FRONT. A yard extending between the side lot lines across the front of a lot adjoining a public right-of-way. Depth of required FRONT YARDS shall be measured at right angles to a straight line adjoining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.
1. PRIMARY FRONT YARD. Any front yard adjacent to the street which is used as principal access for the lot. Unless otherwise differentiated, for the purposes of measuring required setbacks the phrases “front yard” or “required front yard” refer to the PRIMARY FRONT YARD.
2. SECONDARY FRONT YARD. On a lot with more than one frontage, any front yard adjacent to a street which is not used as principal access for the lot. Unless otherwise specified, for the purposes of measuring required setbacks, the minimum setback for all SECONDARY FRONT YARDS shall equal one-half the required setback for a primary front yard.
(b) YARD, REAR. A yard across the whole width of the lot, extending from the rear line of the building to the rear line of the lot. In the case of through lots and corner lots, where will be no rear yards, but only front and side yards.
(c) YARD, REQUIRED. That portion of a side, front, or rear yard nearest the designated lot line and having the width or depth required in the district in which located.
(d) YARD, SIDE. A yard between the building and the adjacent sideline of the lot, which separates it from another lot, extending from the front lot line to the rear yard. In the case of through lots and corner lots, side yards remaining after the full and half-depth front yards have been established
shall be considered SIDE YARDS.
ZERO LOT LINE. The location of a building on a lot in such a manner that the side of a building rests on a lot line.
ZONING DISTRICT. A section of the city for which the regulations governing the use of land, the construction and use of buildings and the occupancy of premises are hereby made.
(Ord. 842, passed 3-14-2022)