When used in this title, the following words and phrases shall have the meanings ascribed to them in this section:
ACCESSORY: A use, activity, structure, or part of a structure that is subordinate and incidental to the main activity or structure on the site.
ACCESSORY AGRICULTURAL STRUCTURE: A structure customarily incidental and necessary to farming and the raising of animals including, but not limited to, barns, coops, corrals, pens, stables, silos and other structures for storage of machinery or crops.
ADJUSTMENT TRAINING FACILITY: Community support providers certified by appropriate state agency providing prevocational, vocational and resident training for individuals with developmental disabilities.
AGRICULTURAL EQUIPMENT AND SUPPLIES ESTABLISHMENTS (Implement): Establishments selling, renting, or repairing agricultural machinery, equipment and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
AGRICULTURAL PRODUCT PROCESSING FACILITY: A business activity customarily designed to process raw agricultural products into value added products. Agricultural processing facilities include, but are not limited to, feed mills, ethanol plants, soybean processing facilities, cheese plants, milk processors, packing plants, and rendering facilities.
AGRICULTURAL SALES AND SERVICE: A use primarily engaged in the sale or rental of farm tools, feed, grain, tack, animal care products and farm supplies. This excludes large implement, such as tractors and combines.
AGRICULTURE ACTIVITY: Farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, orchards, or harvesting for the production of food and fiber products; grazing and raising of livestock, aquaculture, sod production, tree plantations, nurseries, apiary, soil conservation (except animal concentrated feeding operations).
AIRPORT: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
ALCOHOL SALES (OFF-SALE): The sale of any alcoholic beverage, for consumption off the premises where sold.
ALCOHOL SALES (ON-SALE): The sale of any alcoholic beverage, for consumption only upon the premises where sold.
ALLEY: A public or private right of way which affords only a secondary means of access to abutting properties.
ALTERATION (STRUCTURAL): When any owner or authorized agent intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which may be regulated by code, ordinance or state statute, or to cause such work to be done, shall be deemed an alteration. All alterations may require an application to the appropriate building official for any required permits.
ANIMAL BOARDING: Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding or care of domestic animals for profit, but exclusive of animals for agricultural purposes.
ANIMAL HOSPITAL/CLINIC: Any building or portion of a building designed or used for the care, observation or treatment of domestic animals. These facilities may also include temporary indoor kenneling of recovering animals.
ANIMAL SHELTER: Any premises designated for impoundment, caring for animals running at large, abandoned or otherwise subject to impoundment by local government ordinances; including the adoption of animals or other functions of a humane society facility.
APPLICANT: Any person, firm, or corporation requesting approval of any land use, development, or improvement application, or similar entitlement regulated by zoning or other municipal code.
APPLICATION: The process by which an applicant submits a request and indicates a desire to be granted a permit under the provisions of this title. An application may include written documentation, statements, and representations in whatever form.
ASSEMBLING AND PACKAGING: An operation where manufactured parts are assembled into a complete machine or structure and packaged for shipment.
ASSEMBLY HALL (AUDITORIUM): An open area, partially enclosed area, or a building or a portion of building used for gathering for such purposes such as deliberation, worship, auditorium, dancing, meeting and conference activities, education, dining and entertainment, spectators' sports, expositions, and other public gatherings, including amphitheaters.
ASSISTED LIVING FACILITY: An intermediate term care facility licensed by the state of South Dakota providing personal care and services beyond food, shelter, and laundry. The facilities include the supervision of self-administration of medication and other services such as recreational, financial, and transportation services. The facilities may admit those and retain only those who do not require more than intermittent nursing care by a licensed nurse.
AUTOMOTIVE DEALERSHIP (SALES): A retail business primarily housed in a structure and characterized by a mixture of related uses upon a commercial site; however, the principal use of the site shall be the marketing of new or used motor vehicles, whether by sale, rent, lease, or other commercial or financial means. Secondary supporting uses may also exist upon the same site, such as maintenance, repair and service areas, parts storage areas, and financial service areas.
AUTOMOTIVE PARTS/SUPPLY RETAIL: The use of any land area for the display and sale of new or used parts and accessories for motor vehicles, trailers, or recreation vehicles.
AUTOMOTIVE REPAIR SERVICES: The use of a site for repair of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. This use includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, transmission repair, body and fender shops, and similar repair and service activities, but excludes dismantling and salvage.
AUTOMOTIVE STORAGE YARD: The temporary storage or impoundment in an unroofed area of licensed and operable vehicles.
BAKERY: A place for preparing, cooking, baking or selling of bakery products and may be included in grocery stores, food service provider or eating establishment.
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 in this section.
BATCHING PLANT: An industrial facility used for the production of asphalt or concrete or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and storage and maintenance of required equipment, but does not include the retail of finished asphalt or concrete products.
BED AND BREAKFAST ESTABLISHMENTS: A private single-family residence occupied by the owners, which is used to provide limited meals and temporary accommodations for a charge to the public.
BEVERAGE BOTTLING: A facility used for the production and preparation of beverages for wholesale distribution and human consumption.
BOARD OF ADJUSTMENT: The board that is granted the authority set forth by state statute and municipal ordinance that in appropriate cases and subject to appropriate and safe conditions, safeguards, grant variances, appeals and conditional uses to the terms of the ordinance.
BOARDING HOUSE: A dwelling as distinct from a hotel or motel where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided.
BOARDING SCHOOL: A school under the sponsorship of a private agency, corporation, or religious entity, having a curriculum generally equivalent to public elementary or secondary schools accredited by the state of South Dakota and provides room and board for its students; but excluding private trade or commercial schools. "Childcare centers" as herein defined, shall not be considered schools as applicable to this definition.
BOAT SALES: The use of any building or land area for the display and sale or rent of new or used boats, trailers or other types of watercraft.
BOWLING ALLEY: An indoor facility for the sport of bowling, with customary accessory uses such as food and beverage services.
BREWPUB (MICROBREWERY): A facility that includes the brewing of alcoholic beverages. The brewing operation processes water, malt, hops, yeast and other ingredients into alcoholic beverages by mashing, cooking, fermenting and other processes performed on the site.
BUILDING: Any structure for the shelter, support or enclosures of persons, animals, chattels, or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building.
Accessory: A structure located on the same parcel with the main (principal) building, detached or attached, and is subordinate and customarily incidental to the use of the main (principal) building.
Principal: A building in which the primary use of the parcel on which the building is located is conducted.
BUILDING AREA: The areas of a zoning lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.
BUILDING CODE: A code or codes governing the erection, construction, renovation, demolition, relocation, or maintenance of buildings as currently adopted by the city.
BUILDING HEIGHT: The vertical distance from the lowest point of the building, structure, or wall exposed above the ground surface to the highest point of the roof, parapet wall, or uppermost part. Chimneys, vents, or utility service structures shall not be included in the measurement of vertical structures.
BUILDING LINE (SETBACK): A line parallel to and equidistant from relevant lot line (front, back, and side) between which no buildings or structures may be erected as prescribed by zoning regulation. The measurement shall commence from the building's overhang (excluding gutters) and the zoning lot line.
BUILDING PERMIT: Permission in writing that is issued by the proper authority for the construction, repair, alteration, demolition, relocation, or addition to structure(s).
BUSINESS SERVICES: Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as, but not limited to, advertising and mailing, building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, and photo finishing.
CAMPGROUND: An area that is occupied or intended or designed or improved for occupancy by transient occupancy by camping in tents, camp trailers, recreational vehicles, motor homes, or mobile trailers for dwelling, lodging, or sleeping purposes.
CAR WASH (INDUSTRIAL): Mechanical facilities for washing, waxing, and vacuuming of automobiles, heavy trucks, and buses.
CAR WASH (SELF-SERVICE): A car wash wherein the customer provides labor and where no self-propelled wash racks are provided.
CEMETERY: Land used or dedicated to the burial of the dead, including mausoleums, necessary sales, and maintenance facilities. This includes columbarium and cremation burials.
CERTIFICATE OF OCCUPANCY: A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances and state laws and regulations.
CHANGE OF USE: Substitution of one thing for another specifically regarding use of land or use of a building.
CHANGE OF USE CERTIFICATE: Written authorization to change the use of land or building.
CHILDCARE CENTER, PRESCHOOL, AND NURSERY: A facility intended primarily for care of children of preschool age and infants. It may also provide educational instruction and developmental skills. May have employees and be commercial in nature and may be located within a religious or educational institution.
CHILDCARE (FAMILY RESIDENTIAL): A home which generally provides care, protection, and supervision of children in the provider's own home, while the parents or guardians are away.
CLINIC: See definition of Personal Health Services.
COFFEEHOUSE: An establishment that sells primarily coffee and other similar refreshments and may include the sale of coffee beans, baked pastries, bagels, cookies, cold and hot sandwiches and soup.
COMMUNITY CENTER: A building used for social, recreational or other activities by a group of people with common interests but not primarily for profit or to render a service which is customarily carried on as a business.
COMMUNITY GARDEN: A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants, by more than one person or family.
COMMUNITY RESIDENCE: A temporary residential treatment facility licensed and/or accredited by the state of South Dakota for persons in need of supportive living including support staff, which provides therapy and counseling to residents.
COMPREHENSIVE PLAN: Any document which describes in words, and may illustrate by maps, plats, charts, and other descriptive matter, the goals, policies, and objectives of the municipality to interrelate all functional and natural systems and activities relating to the development of the territory under its jurisdiction.
CONCENTRATED FEEDING OPERATION: A facility where more than five hundred (500) animal units are stabled, confined, fed, or maintained in either an open or housed lot for a total of forty five (45) days or more in any twelve (12) month period. The open lot does not sustain crops, vegetation, forage growth, or postharvest residues in the normal growing season. Two (2) or more facilities, whether under common ownership or not under common ownership, but which bear some incident or operational relationship, are a single animal operation if they are situated within one mile, or if they use a common system or area for the production and processing of or distribution of feed or disposal of manure. The acronym CAFO (concentrated animal feeding operation) shall be governed by this definition.
No CAFO (concentrated animal feeding operation) shall be permitted anyway within the zoning jurisdiction of the city of Mitchell, South Dakota.
CONCRETE MANUFACTURING AND PROCESSING: See definition of Batching Plant.
CONDITIONAL USE: As defined by South Dakota Codified Laws 11-4-4.2 a conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in South Dakota Codified Laws 11-4-4.1. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.
CONDITIONAL USE PERMIT: A permit issued by the city authority stating that a conditional use complies with all conditions and standards set forth in the zoning ordinance and authorized by the respective authority.
CONGREGATE CARE HOUSING: A facility to provide apartment living for persons over the age of fifty five (55) or persons subject to chronic illnesses or infirmities but who do not need a level of nursing care provided in a licensed nursing home or assisted living facility. Congregate care housing need not be licensed by the state of South Dakota, but must provide at least one common hot meal per day for residents in the facility.
CONTIGUOUS: Next to or abutting, or touching and having a boundary, or portion thereof, which is common or coterminous.
CONTRACTOR'S SHOP AND STORAGE YARD: Use of land or buildings for storage and preparation of materials used by the same individuals in conducting the business of construction and repair work generally completed at some other on site location.
CONVENIENCE STORE: A small retail establishment that offers a limited line of groceries and household items. The store may have on site services of food or beverages preparation for immediate consumption or sale. It is designed to attract large volume of stop and go traffic. The establishment may also include fuel dispensing facilities.
CREMATORIUM: A location containing properly installed, certified apparatus intended for use in the act of cremation.
DETAILING SHOP: A facility which provides services, such as applying paint protectors, interior and exterior cleaning and polishing as well as installation of aftermarket accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers and similar items. However, engine degreasing or similar automotive services may not be included in this definition unless appropriate permits from city, state or other public agencies are secured.
DETENTION FACILITY (JAIL): Prisons or similar detention facility for incarceration of people at the direction of the court or the South Dakota department of corrections.
DEVELOPMENT: The carrying out of any construction, reconstruction, alteration of surface, structure, change of land use or intensity of use, and including, but not limited to, the deposit of refuse, solid or liquid waste, and mining or drilling operation, or work in relation to the creation of a road, street or parking area.
DRIVE-UP SERVICE WINDOW/DEVICE: An establishment which accommodates patrons from their motor vehicles from which the patron may obtain or receive a service or obtain a product through a service window or automated device.
DWELLING, SINGLE-, TWO- OR MULTI-FAMILY: A dwelling for one, two (2) or more families. The term "dwelling" as used in this title shall not include mobile or manufactured homes, as defined in this title, or as defined by South Dakota Codified Laws, or as defined in the national manufactured home construction and safety standards act.
DWELLING UNIT: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within a dwelling unit for the exclusive use of a single family maintaining a household.
EDUCATIONAL INSTITUTION (SCHOOL): A public, parochial, private, charitable, or nonprofit school, offering instruction for preschool, elementary and/or secondary students. Also included are facilities offering instruction for students of a junior or community college, college, university, vocational or technical institution (including industry training and support), including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, assembly halls, and other incidental facilities for students, faculty, administrators and support staff.
ELECTRIC VEHICLE: Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off board source, that is stored on board for motive purpose. "Electric vehicle" includes: a battery electric vehicle and a plug-in hybrid electric vehicle.
ELECTRIC VEHICLE CHARGING STATION: A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with level 1 or level 2 charging equipment.
Electric Vehicle Charging Station; Public: An electric vehicle charging station that is: a) publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on street parking) or b) privately owned and public available (e.g., shopping center parking, nonreserved parking in multi-family parking lots).
Electric Vehicle Charging Station; Restricted: An electric vehicle charging station that is: a) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking), or b) publicly owned and restricted (e.g., fleet parking with no access to the general public).
Rapid Charging Station: An industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations of the federal, state or local government.
ELECTRIC VEHICLE PARKING SPACE: Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
EQUIPMENT RENTAL: See definition of Business Services.
EXPLORATION FOR MINERALS: The act of searching for or investigating a mineral deposit, including, but not limited to, sinking shafts, tunneling, drilling cave, and bore holes, and digging pits or cuts and other work for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, accessways and other facilities related to such work.
EXTRACTION OF MINERALS (MINING): The extraction of minerals, including solids, such as coal, ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation, milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.
EXTRATERRITORIAL JURISDICTIONAL TERRITORY: The power of the municipality to plan and zone the area agreed by the municipality and the county.
FABRICATION: The manufacturing, excluding the refining or other initial processing of basic raw materials such as metal, ores, lumber, or rubber. This also relates to assembling, stamping, cutting or otherwise shaping the process materials into useful objects.
FAMILY: A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities (as referenced in the building code):
Any number of people related by blood, marriage, adoption, guardianship, or foster care.
Not more than four (4) unrelated people and any children related to any of them.
A group of no more than seven (7) people who are "disabled" as defined by the fair housing act, 42 USC section 3602(h) and which is confirmed by a record of impairment through a state licensed adjustment training center or similar organization licensed by the state of South Dakota.
FARM (HOBBY): An activity carried out in rural residential areas, which includes the planting, cultivating, harvesting and storage of grains, hay or plants, fruits, or vineyards. The raising and feeding of livestock and poultry shall be considered as part of a hobby farm if the area, in which the livestock or poultry is kept, is one acre or more in area for every one animal unit, and if such livestock does not exceed ten (10) animal units.
FARM OCCUPATION: A business activity customarily carried out on a farm by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation or outside storage of any machinery, equipment or material other than that customary to normal farm operations, without the employment of more than the equivalent of two (2) full time employees not residing in the home, which does not cause the generation of additional traffic in the area. Farm occupations include, but are not limited to, seed sales and custom combining support facilities.
FARM UNIT: A unit of buildings and structures that are needed in an agricultural operation, including dwellings for owners, operators, and other family members.
FARMSTEAD: The area surrounding and adjacent to the house and main buildings, including, the driveway and the land lying between the farmstead and the road. For the purposes of this title a farmstead shall include a residential structure fit for human habitation and the customary outbuildings such as barns, sheds, grain bins, etc.
FINANCIAL INSTITUTION (SERVICES): A building used for the custody, loan, exchange, investment or issuance of money and for the transmission of funds. This use may include a drive-up service window/device. Examples include banks, savings and loan, credit unions, payday loaning.
FIREWORKS SALES: The sale of any substance or combination of substances or articles prepared for purpose of producing visible or an audible effect by combustion, explosion, deflagration, or detonation, which include, but not limited to, firecrackers, torpedoes, sky rockets, roman candles, day-go bombs, sparklers, or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing any explosive substances.
FIRST STORY: 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, providing such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade at any point.
FUEL DISPENSING STATION: Any building or premises which provides for the retail sale of fuel for motor vehicles or oil. No automobile repair work or sale of auto accessories or testing may be done.
FUEL SERVICE STATIONS: Any building or premises used for the retail sale of liquefied petroleum products for the propulsion of motor vehicles and including such products as kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle accessories and other items customarily associated with the sale of such products and for the rendering of service and making of adjustments and replacements to motor vehicles as incidental to other services rendered.
FUNERAL HOME (MORTUARY): A building used primarily for human funeral services. Such building may contain space and facilities for preparation of the dead and for burial, performance of autopsies and surgical procedures, storage of caskets, urns and related funeral supplies, storage of funeral vehicles and includes funeral chapel for services.
GAME FARM: An area of five (5) acres or more, which is used for producing hatchery, raised game and nondomestic animals for sale to private shooting preserves.
GAME LODGE: A building or group of detached, or semidetached, 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 more than two (2) sleeping rooms.
GOLF COURSE: A public or private area operated for the purpose of playing golf, and includes, but is not limited to, a par 3 golf course, clubhouse and recreational facilities, driving ranges, and miniature golf courses, and similar uses.
GRADE (Adjacent To Ground Elevation): The average elevation of the land around a building; the percent of rise or descent of a sloping surface.
GRAIN TERMINAL (ELEVATOR): Grain storage facilities, which are the principal and primary use of the parcel. Said facilities are generally equipped with devices for housing and discharging significant grain. This definition does not include normal farm product storage and warehousing facilities such as grain bins and where such storage is an accessory use to the parcel.
GREENHOUSE (NURSERY) GARDEN CENTER: Retail business whose principal activity is the selling of plants and having outside storage, growing, or display.
GROCERY STORE (MARKET): See definition of Retail Services And Trade.
HANGAR: A building on an airport used for housing and repairing aircraft.
HARDSHIP (UNNECESSARY): A restriction on property so unreasonable that it results in an arbitrary and capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, the personal circumstances of the owner or user, and the property is rendered unusable without the granting of a variance.
HAZARDOUS MATERIAL: Any containment and any hazardous chemical constituting a physical or health hazard as defined and classified in the building code or fire code.
HELIPORT: An area designated to facilitating the arrival and departure of helicopters.
HIGH WATER LEVEL (MARK): That mark established on Lake Mitchell that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in ordinary years. The current mark is determined to be one thousand two hundred sixty six feet (1,266') as determined by the city of Mitchell public works department.
HISTORIC SITE: Lands with sites, structures, or objects of local, regional, statewide, or national historical significance.
HOME OCCUPATION: A use incidental and secondary to a property's primary residential use. A home occupation use shall meet all applicable legal requirements as set forth in chapter 5, article G of this title.
HORTICULTURE: The science or art of cultivating fruits, vegetables, flowers, and plants.
HOSPICE RESIDENTIAL CARE FACILITY: One or more buildings or portion thereof, on a zoning lot in which terminally ill persons live in order to receive appropriate hospice care.
HOSPITAL: An institution providing primary health services and medical or intensive treatment for alcohol and drug abuse to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
HOTEL (MOTEL): See definition of Retail Services And Trade.
INDOOR CROP PRODUCTION: The use of a site for the raising and harvesting of indoor crops on a commercial basis, including packaging and processing, and including the use of accessory buildings located on-site.
JUNKYARD (SALVAGE): The temporary or permanent storage outdoors of junk, waste, discarded, salvaged, or used materials or inoperable vehicles or vehicle parts. This definition shall include, but not be limited to, the storage of used lumber, scrap, metal, tires, household garbage, furniture, and inoperable machinery, and as further defined in the current edition of city's adopted building and fire code. This definition shall include outdoor storage of normal residential equipment and related activities such as garden tools, lawn mowers, wood piles, grass clippings, and similar items.
LABORATORY:
Research: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except incidental to the main purpose of the laboratory.
Support: A facility used for scientific laboratory analysis of natural resources, medical resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products. Forensic laboratories for analysis of evidence in support of law enforcement agencies would also be included in this category.
LANDSCAPE BUSINESS: A business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.
LAUNDROMAT (DRY CLEANER): See definition of Personal Service Establishments.
LIVESTOCK MARKET (AUCTION/SALE BARN): An enclosure or structure designed or used for holding livestock for the purposes of sale or transfer by auction, consignment, or other means.
LOADING SPACE: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials, and merchandise.
LOCKER (BUTCHER): A retail store supplying meat and poultry products where meat processing is making cuts of meat from limited slaughtering of live animals and preprocessed carcasses.
LODGING HOUSE: A dwelling containing a single-family unit with not more than six (6) guestrooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.
LOT, CORNER (Zoning): A lot abutting on two (2) or more streets at their intersection.
LOT DEPTH (Zoning): The mean horizontal distance between the front and rear zoning lot lines.
LOT, FLAG: A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes access strip connecting the main building site with the frontage street.
LOT, FRONT (Zoning): The front of a zoning lot is a side abutting on a public right of way.
LOT, INTERIOR (Zoning): A zoning lot other than a corner zoning lot.
LOT, IRREGULAR: A lot whose opposing property lines are generally not parallel, such as a pie shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
LOT WIDTH (Zoning): The mean horizontal distance between the side zoning lot lines measured parallel to the street line or its chord if curved.
LUMBERYARD: A facility where building materials such as lumber, plywood, drywall, paneling, cement blocks, and other cement products, and other building products are stored and sold. Lumberyards may also process lumber by performing millwork, planing, cutting, and other customizing processes. Lumberyards may provide for the sale of associated products including tools and fasteners.
MAJOR STREET PLAN: A document that consists of a map and/or written narrative of a municipality's future collector and arterial streets that are incorporated as a part of municipality's comprehensive plan or as a stand alone document.
MANUFACTURED HOME: A structure used exclusively for human habitation, which is constructed on a permanent chassis in compliance with the national manufactured home construction and safety standards act, formerly known as the national mobile home construction and safety standards act, subsequent to June 15, 1976 (the effective date of said national manufactured home construction and safety standards act) and which is transportable in one or more sections.
MANUFACTURED HOME COMMUNITY: A parcel of land which has been planned and improved for the placement of manufactured or mobile homes for residential use, with a single control or ownership.
MANUFACTURING: The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials.
Custom: Establishments primarily engaged in the on site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential and commercial uses, or a single kiln.
Light: The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.
Medium: The processing and manufacturing of materials or products predominately from extracted or raw materials. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials for the manufacturing process.
Heavy: The manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category shall also include any manufacturing establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building design, or engaging in large outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on site. Examples include, but are not limited to, the production of the following: large scale food and beverage operations, lumber, milling, and planing facilities; aggregate concrete and asphalt plants, foundries, forge shops, open air welding, and other intensive metal fabrication facilities; chemical blending, mixing, or production, and plastic processing and production.
MAXIMUM ZONING LOT COVERAGE: The maximum portion of a zoning lot that may be occupied by buildings or structures, including accessory buildings and structures and expressed as a percentage of a lot's total area.
MINIMUM LOT AREA (YARD): The area within the exterior lines of the zoning lot, exclusive of any area in a public or private way open to public uses.
MOBILE HOME: A structure used exclusively for human habitation, constructed in a manufacturing facility prior to June 15, 1976 (the effective date of national manufactured home construction and safety standards act, formerly known as the national mobile home construction and safety standards act) and which is transportable on a permanent chassis. A mobile home shall be construed to remain a mobile home subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a recreational vehicle.
MODULAR HOME: Any building used exclusively for human habitation, constructed off site and in compliance with the applicable local or state building codes and which is transported on a temporary chassis to a permanent building site.
NONCONFORMING STRUCTURE: A lawful structure which exists on the date of passage hereof that could not be built under the terms of this title by reason of restrictions on area, lot, height, yard setbacks, or other characteristics of the structure.
NONCONFORMING USE: A legal use, structure, or development which existed prior to the adoption of the ordinance or any amendment thereto, which does not presently conform to the ordinance or its amendments.
NURSING HOME: An extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF STREET PARKING: A site or a portion of a site, devoted to the off street parking of vehicles, including parking spaces, aisles, access drives, and providing vehicular access to a public street as required by chapter 11, article A of this title.
OFFICE, PROFESSIONAL: An office building for the use of a person or persons generally classified as professional. A building designed for or used as the office of professional, commercial, industrial, financial, religious, institutional, public, or semipublic persons or organizations. Broadcast stations, offices and studios shall be considered to be office buildings; broadcast towers as defined in this title shall not be so considered.
OPEN SPACE: An area or portion of land, either landscaped or essentially unimproved and which is used to meet human recreation, habitat protection, resource protection, environmental regulations, buffering conflicting land uses, and spatial needs.
OUTDOOR SALES: The use of building, land area, or their premises which provides for the display and sale of new or used automobiles, trucks, or vans, recreational vehicles, camping trailers, modular, manufactured, or mobile homes, boats, utility trailers, and storage sheds.
OUTSIDE COMMERCIAL STORAGE: The short term or long term leasing for the parking or storage of motor vehicles, equipment, or personal items outside.
OUTSIDE STORAGE: The keeping in an unroofed area of any goods, junk, material or merchandise in the same place for more than one month.
OWNERSHIP LINE: A line defining ownership of property between owners of record.
PARCEL: Legally defined piece of property including a platted lot; legally described piece of property primarily used as an identifier within taxation.
PARK (PLAYGROUND): Any public or private land available for recreational, educational, cultural or aesthetic use. This may also include designated open space.
PARKING FACILITY (Public And Private): An approved, hard surface open or enclosed off street parking area or structure where licensed and operable motor vehicles are temporarily parked for a fee or allowed without a fee by a public entity or private party.
PARKING SPACE: An area enclosed or unenclosed, sufficient in size to park one motor vehicle.
PERMITTED USE: The listing of uses, buildings or land which are acceptable in a particular zoning district. A building permit may be issued for a permitted use set forth under a listing of "permitted uses" based upon a properly filed application without further action.
PERSONAL HEALTH SERVICES: Establishments primarily engaged in providing health services, including, but not limited to, medical, dental, chiropractic, ophthalmology, optometry, audiology, physical therapy, massage therapy, and mental health services.
PERSONAL SERVICE ESTABLISHMENTS: Establishments providing nonmedical related services and personal in nature, including beauty and barber shops, clothing rental, dry cleaning pick up stores, to include, but not limited to: laundromats (self-service laundries), psychic readers, shoe repair, tanning salons, photographic studios, tattoo parlors, and travel agencies. These uses may also include accessory retail sales of products related to the services provided.
PLANNING COMMISSION: The city planning commission for the city of Mitchell, South Dakota.
PRINT PLANT: A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including, but not limited to, offset printing, lithography, web offset, flexographic, and screen process printing. This includes publication of newspapers, magazines, books and other mass printing publications.
PRINTING SHOP: A facility used for custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving and including offset printing.
PRIVATE CLUB: A group of people organized for a common purpose to pursue common goals, interests or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
PRIVATE SHOOTING PRESERVES: An acreage of at least one hundred sixty (160) acres and not exceeding one thousand two hundred eighty (1,280) acres either privately owned or leased on which hatchery raised game and/or larger game is released for the purpose of hunting, for a fee, over an extended season.
PROCESSING: To subject some special process or treatment, as in the course of manufacture; change in the physical state or chemical composition of matter; the second step in uses of natural resources; examples include petroleum refining, oil shale crushing, retorting, and refining, ore smelting, coal crushing and cleaning, sawmill, alfalfa pellet mills, food canning or packaging, creation of glass, ceramic, or plastic materials, gravel crushing, cement manufacture, concrete batch plants.
PROCESSING (LIGHT): Those processing activities which are not obnoxious due to odor, noise, vibration, pollution, smoke, heat or glare. These uses are characterized by generally having all aspects of the process carried on within a building.
PROPERTY LINE: The division between two (2) parcels of land, or between a parcel of land and the right of way.
PUBLIC RIGHT OF WAY: A strip of land occupied or to be occupied by a street, railroad, transmission line, oil or gas pipeline, water lines, storm or sanitary sewer lines, pedestrian walkways or other public or special use. The use of the term "right of way" for platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way shall be dedicated to public use by the owner of the plat on which such rights of way are established.
PUBLIC SERVICE FACILITY: Local, state, or federal governmental facilities and uses that provide an essential public purpose or service including, but not limited to, postal service, administration, a police station, judicial court, fire station, maintenance facilities, ambulance service, transit or transportation transfer station, library, community center, public recreation facility, or office, but not including the following: public utility or treatment stations, sanitary landfills or facilities for incarcerated persons.
QUARRY: A surface excavation used for the removal of rock, stone, sand, gravel, and fill dirt for sale or uses off site, and includes sifting, crushing, and washing and bagging.
RACETRACK: A measured course where animals or machines are entered in competition against another or against time, including tracks used only in the training of animals; may include seating, concession areas, and parking facilities.
RADIO AND TELEVISION STUDIO (Communication Services): Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.
RAIL TERMINAL OR SERVICE (USE): The occupation and use of land, buildings, and structures directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, and passenger and freight terminals, but excluding freight terminals and yards, and similar facilities which are maintained and operated by the owning railroad or by a lessee for the purposes of auxiliary to rail transportation; provided, however, that the operation of such facilities as a hobby or as part of an amusement business shall not be considered a railroad use.
RAILROAD TERMINAL STATIONS AND ACTIVITIES: A facility for the operation of a line haul or short line freight railroad.
RECREATION INDOOR FACILITY: A commercial or public recreational land use conducted entirely within a building or group of buildings, including arcade, arena, art gallery and studio art center, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, conference center, exhibit hall, gymnasium, library, movie theater, museum, performance theater, pool and billiard hall, skating rink, swimming pool, tennis court and other activities.
RECREATION OUTDOOR FACILITY: Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks and motorized model airplane flying, outdoor skating, baseball, softball, soccer, football, golf, tennis and skateboard and similar activities. The property may be publicly or privately owned.
RECYCLING CENTER: A building and/or area in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.
REFINING: A process in which a substance is reduced to a pure state or perfected through the elimination of impurities.
RELIGIOUS INSTITUTION: A place of worship or religious assembly with related facilities such as the following in any combination: rectory, or convent, meeting hall, offices for administration of the institution, childcare, playground, cemetery, parsonage, and accessory buildings. This use includes church, synagogue, temple, mosque or other place of worship.
RENDERING: A building or premises used for the processing or temporary storage of dead animals.
RESIDENTIAL ASSOCIATION (HOMEOWNER): A community association, which is organized in a development in which individual owners share common interests in open space or facilities.
RESIDENTIAL CARE: A residential style facility in a residential zoning district, licensed and/or accredited by the state of South Dakota with capacity for no more than twelve (12) persons, which reside for counseling and/or supportive services.
RETAIL SERVICES AND TRADE: Establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including, but not limited to, eating establishments, hotels, motels (conference facilities), repair shops, indoor amusements, theaters, copying services, health, professional, educational, and social services, and other miscellaneous services.
RETAIL WAREHOUSE: A building operated by a specific commercial establishment, where goods and materials are to be moved to the commercial establishment or where the general public may pick up merchandise sold on site or at a different location.
RIDING STABLE: A place that has more than fifteen (15) stalls or horse spaces to board, train, or provide recreational equine activities.
ROADSIDE STAND: A temporary structure which is not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products.
RODEO GROUNDS: A building or place where rodeo events such as roping and riding are done for practice or competition.
SANITARY LANDFILL: A disposal site and related facilities at which the method of disposing solid waste is by landfill.
SCREENED: Concealing or covering a use in a manner which reduces the view of such use from adjacent properties.
SELF-SERVICE STORAGE FACILITY: A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
SERVICE STORE: A facility that provides maintenance, repairs or incidental services without producing a tangible or material commodity.
SEWAGE TREATMENT SYSTEM: Any system, other than individual septic tank, tile field or individual well, which system is operated by a municipality, governmental agency, or utility for the collection, treatment, and disposal of wastes and the furnishing of water, that is compliant with state and federal regulations.
SHOOTING RANGE: An area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any similar firearm for the purpose of sport shooting or military/law enforcement.
SHOPPING CENTER: A group of commercial establishments planned and designed for the site on which it is built, functioning as a unit, with off street parking and landscaped areas, provided on the property as an integral part of the unit.
SIGN STORE: An establishment where the primary use is the retail sale of signs, banners, vehicle signage, or similar items. Limited on site fabrication of signage may be permitted.
SITE PLAN: A scaled view showing the proposed uses and structure(s) for a parcel of land as required by the regulations involved. It includes building location, property lines, streets, open space, access drives, landscaping and parking areas.
SMELTING: A facility where metals are melted or fused with an accompanying chemical change.
SPOT ZONING: An arbitrary zoning or rezoning of a small tract of land, usually surrounded by other uses or zoning categories that are of markedly or substantially different intensity that is not consistent with the comprehensive land use plan, and primarily promotes the private interest of the owner rather than the general welfare.
STREET LINE: The line between a street or avenue right of way and an abutting zoning lot.
STREET(S) (AVENUES, ROADS, LANES, DRIVES):
Arterial Street: A principal traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.
Collector Street: A street which carries traffic from local streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation within such development.
Local Street: A street intended to provide access to other streets from individual properties and to provide right of way beneath it for various utilities but not intended to be used for through traffic.
STUDENT HOUSING (OFF CAMPUS): Any housing for students not located within an educational institution's campus, however an integral part of the institution or the institutional theme. Uses include, but are not limited to, dormitories, fraternities, sororities, and theme houses.
SUBSTANCE ABUSE TREATMENT FACILITY: A facility for the purposes of temporary or long term inpatient treatment of victims of alcohol or drug use or addiction.
SUPPORTIVE LIVING HOMES: A group of people living together in transition to a productive life. Supportive living homes are designed as a step down from a halfway house with lesser restrictions and increased responsibility to the resident for their own recovery. This home shall include no more than twelve (12) people living together who are "handicapped" as defined in the fair housing act, 42 USC section 3602(h) and which is confirmed by a record of impairment by supportive living home operator. This definition does not include the following:
A. Persons currently illegally using a "controlled substance" as defined in the controlled substances act, 21 USC section 802(6).
B. Persons considered as an immediate danger or who pose a threat of physical injury to self or others making it necessary or advisable to receive appropriate supports and services when based upon reliable and objective evidence of current threatening conduct or recent history of overt acts.
The supportive living home operator must be able to confirm a record of impairment of their residents by certifying both of the following:
A. Each occupant has completed inpatient or outpatient treatment.
B. Each occupant must be actively and continuously enrolled in a twelve-step recovery program.
TELECOMMUNICATION TOWER HEIGHT: The vertical distance above grade to include base pad, tower structure, and antenna hardware, excluding lightning protection.
TELECOMMUNICATION TOWER SITE: The telecommunications tower site shall be the lot of record for which the telecommunications tower is located.
TELECOMMUNICATIONS TOWER: A self-supporting lattice, guyed lattice, or monopole structure which supports wireless communications facilities. The term includes new and existing towers that are used for services such as microwave, common carrier, cellular telephone, personal communication services, two-way radio paging, and other similar services. The term telecommunications tower does not include amateur radio operators' equipment, as licensed by the federal communications commission.
TEMPORARY BUILDING: Any building not permanently affixed to the land.
TEMPORARY OR EMERGENCY SHELTER: A facility providing refuge to persons who require physical, social, or psychological therapy and counseling to assist them in overcoming physical or emotional problems which includes, but is not limited to, missions, shelters, or detoxification centers. Exception: All temporary or emergency shelter facilities associated with a declared state of emergency by local, state, or federal government are exempted.
TEMPORARY USE: Those land uses and structures that are needed or are in place for only short periods of time.
THEATER: A structure used for dramatic, operatic, motion pictures, or other performance, for admission to which entrance money may be received.
TRUCK STOP: A facility intended to provide services to the trucking industry, including, but not limited to, the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and motels, all as part of the facility.
TRUCK TERMINAL: Any premises used by a motor freight company, as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading or unloading goods.
UTILITY STATION: A building, structure, or property used or intended to be used by any public utility, including, but not limited to, any gas treatment plant reservoir, tank or other storage facility; water treatment plant, well, reservoir, tank, or other storage facility, electric generating plant, distribution, or transmission substation; telephone switching or other communication plant, earth station, or other receiving or transmission facility; any storage yard for public utility equipment or vehicles; and any parking lot for parking vehicles to serve the public utility.
VARIANCE: A departure from any provision of the zoning requirements for a specific parcel, except use, without changing the zoning ordinance or the underlying zoning of the parcel. A variance is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zoning district.
VETERINARIAN SERVICES: See definition of Animal Hospital/Clinic.
WHOLESALE MERCHANDISING, WHOLESALE 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, FRONT: A yard extending across the full width of the zoning lot measured between the front lot line and the front building line.
YARD, FRONT (LAKE): A yard extending across the full width of the zoning lot measured between the high water level of Lake Mitchell and the front building line (lake side).
YARD, REAR: A yard extending across the full width of the zoning lot measured between the rear lot line and the rear building line.
YARD, REAR (LAKE): A yard extending across the full width of the zoning lot measured between the rear lot line (road side) and the rear building line.
YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side zoning lot lines and the side building line.
ZERO LOT LINE DEVELOPMENT: Single-family dwellings arranged on individual lots as detached structures with one or more side walls on a side property line.
ZONING CODE: This title or any subsequent revisions hereof.
ZONING CODE AMENDMENT: A change in the wording, context, or substance of this title or a change in the zoning or district boundaries of the official zoning map, to be made part of this title.
ZONING DISTRICT: An area or areas within the jurisdiction of the city of Mitchell for which the regulations and requirements governing use, lot, and size of building and premises are uniform.
ZONING LOT: A piece or parcel of land occupied or intended to be occupied, or capable of being occupied, by a permitted principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by code.
ZONING LOT DEVELOPMENT AGREEMENT: An agreement that is required to be signed by the owners of the real property when one lot is not in compliance with the zoning laws, but is waived because two (2) or more lots will be combined to allow compliance. The agreement will require all future conveyances to be as one parcel.
ZONING MAP: The map or maps that are part of zoning code and that delineate the boundaries of all mapped zoning districts within the boundary of the jurisdiction of the city. (Ord. 2408, 10-1-2012; amd. Ord. 2454, 11-4-2013; Ord. 2512, 4-6-2015; Ord. O2022-17, 11-14-2022)