For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural; and the plural the singular; the word “building” shall include the word “structure,” and the word “shall” is mandatory and not discretionary: the word “may” is permissive; 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.
ACCESSORY USE OR STRUCTURE. As applied to use or structure, means customarily incidental or subordinate to, and on the premises of such use or structure.
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. 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. 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 five 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.
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.
ALLEY. A minor way, dedicated to public use, which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.
AGRICULTURE. The cultivation of the soil and all activities incident thereto, except that the term shall not include the raising and feeding of hogs, sheep, goats, cattle, poultry or fur-bearing animals.
ANIMAL UNIT. One animal unit is equivalent to 1.0 beef cow, steer, feeder or fat beef animal, 0.5 horse, 0.7 dairy cow, 1.7 swine, 6.7 sheep/goats, 55 turkeys, 5 ducks/geese, 33 hens, cockerels, capons, broilers.
APARTMENT HOUSE. A detached dwelling designed for, or occupied by, four or more family units.
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. 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). A private single-family residence, which is used to provide limited meals and temporary accommodations for a charge to the public. Such establishments should be located where there will be minimum impact on surrounding residential properties and should comply with the following provisions.
(1) B&Bs shall be limited to residential structures with an overall minimum of 1,800 square feet of floor. Preference will be given to structures with historic or other unique qualities.
(2) They shall be in compliance with applicable state laws including registration with the State Department of Health, maintaining a guest list, and providing a smoke detector in each sleeping room.
(3) Accessory use signs shall be based on similar requirements for a home occupation permit and shall not be more than one square foot in area.
(4) Such uses shall be an incidental use with an owner occupied principle dwelling structure provided that not more than four bedrooms in such dwelling structure shall be used for such purpose.
(5) Off-street parking requirements shall be one space per guestroom and shall be in addition to parking requirements for the principle use. Off-street parking shall not be located in a required front or side yard and screening shall be required when adjacent to residentially used property.
(6) The length of stay shall not exceed 14 days during any 120-day consecutive period.
(7) Meals shall be limited to breakfast, which is prepared in a common facility (household kitchen). Meals may be served only to overnight registered guests and cooking is not permitted in the sleeping rooms.
(8) The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and floor plan showing a location of the sleeping rooms, lavatories and bathing facilities, and kitchen shall be submitted with application.
BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river, lake or rail line.
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.
BUILDABLE AREA. The portion of the lot that can be occupied by the principal use, thus excluding the front, rear and side yards.
BUILDING. Includes the word STRUCTURE and is 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.
BUILDING HEIGHT. The vertical distance from the established average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.
BUILDING LINE. A line on the lot running parallel to the required horizontal distance from the nearest property line.
CAMPGROUND. 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.
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.
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).
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.
COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the city.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district by which if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted by the Board of Adjustment when specific provision is made in this chapter. CONDITIONAL USES are subject to evaluation and approval by the Board of Adjustment and are administrative in nature.
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).
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.
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.
COURT. An open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.
DAY CARE CENTER. Any operation, which provides childcare services. To be considered a DAY CARE CENTER under these regulations, the State of South Dakota must license such operation.
DENSITY. The number of families, individuals, dwelling units or housing structures per unit of land.
DEVELOPMENT. The carrying out of any surface or structure construction, reconstruction or alteration of land use or intensity of use.
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.
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.
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.
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.
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.
EVERGREEN OR CONIFEROUS TREE. Any cone-bearing shrub or tree and any plant that retains its foliage throughout the year which is a minimum height of four feet measured above immediate ground level.
EXTENDED HOME OCCUPATION. A home occupation conducted outside of the residence and/or in an accessory building. See Chapter 4.19.
FAMILY. One or more individuals living, sleeping, cooking or eating on the premises as a single housekeeping unit; but it shall not include a group or more than five individuals not related by blood or marriage.
FARM. A bona fide 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 have been, are, or will be stabled or confined for a total of 45 days or more during any 12-month period, and where crops, vegetation, forage growth or post harvest residues are not sustained over any portion of the lot or facility.
FENCE. A structure used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, wire mesh, masonry or other similar material and is used as a barrier of some sort.
FILLING 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:
(1) Major mechanical work, involving removal of the head or crankcase;
(2) Auto body work, including straightening of auto body parts;
(3) Painting or welding of any automobile parts;
(4) Storage of automobiles not in operating condition; and
(5) 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 80°F, 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.
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, pickups and boats, but not commercial vehicles.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term “repairing” shall not include an automobile body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGE. Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
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. This definition shall be deemed to include, but is not limited to the city, Kingsbury County, the State of South Dakota, and any public school district serving the city.
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.
GROUP HOME. A supervised living or counseling arrangement fn a family home context providing for the 24-hour care of children or adults.
HEIGHT OF BUILDING. 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.
HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that the occupation is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or have any exterior evidence of such secondary use and:
(1) No person other than members of the family residing on the premises shall be engaged in such occupation;
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinated to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square-foot in area, non-illuminated and mounted flat against the wall of the principle building;
(4) No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
(5) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street; and
(6) Not withstanding the preceding standards, any operation that provides care for more than 12 children in a 24-hour period shall not be considered a HOME OCCUPATION.
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.
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 one dog or cat over four months of age are owned, boarded, raised, bred or offered for sale.
LARGE WIND ENERGY CONVERSION SYSTEM or LWECS. All WES facilities excluding small wind energy conversion systems.
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 pickups 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. 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 FRONTAGE.
(1) The front of a lot shall be construed to be the portion nearest the street.
(2) 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.
(3) 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.
(1) Depth: the average mean horizontal distance between the front and rear lot lines;
(2) Width: the width of a lot at the front yard line; and
(3) Area: the lot area is the area of a horizontal plane in square feet or acres within the lot line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Kingsbury County Register of Deeds, prior to the adoption of this chapter.
LOT TYPES. See figure below.
(1) 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 fines 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).
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street (Lot B).
(3) REVERSED 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 (Lots A and D in the diagram), an interior lot (Lot B and D in the diagram) or through lot (Lots C and D in the diagram).
(4) 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).
MANUFACTURED HOUSING.
(1) ANCHORING SYSTEM. An approved system of straps, cables, turnbuckles, chains, ties or other approved materials used to secure a manufactured or mobile home.
(2) 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.
(3) EXPANDO UNIT. An expandable manufactured housing unit.
(4) 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.
(5) 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.
(6) PERMANENT PERIMETER ENCLOSURE. A permanent structural system completely enclosing the space between the floor joists of the home and the ground.
(7) SECTION. A unit of a manufactured, home at least ten body feet in width and 30 feet in length.
(8) SUPPORT SYSTEM. A pad or combination of footings, piers, caps, plates and shims, which, when properly installed, support the manufactured or mobile home.
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 or group of buildings used primarily for the temporary residence of motorists or travelers.
NONCONFORMING 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 nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this chapter which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this chapter.
OUTDOOR ADVERTISING BUSINESS. Provisions of outdoor displays or display space on a lease or rental basis only.
PARCEL. A single tract of land, located within a single block, which at the time of filing for a building 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 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. A space for parking of automobiles which has a minimum width of nine feet and a minimum length of 19 feet.
PARKING SPACE, OFF-STREET. An off-street parking space shall consist of a space adequate 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. For purposes of rough computation, an OFF-STREET PARKING SPACE may be estimated at 300 square 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. These establishments offer a wide range of personal services (laundry, hair care and the like).
PLANNING COMMISSION. The members of the City Council serving in an advisory capacity on planning and zoning matters.
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.
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 § 501(c)(3) of the Internal Revenue Code 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.
ROUTE. The location of a high voltage transmission line between two end points. The ROUTE may have a variable width of up to 1.25 miles.
SALE OR AUCTION YARD OR BARN. A place or building where the normal activity is to sell or exchange livestock. Livestock normally in yard or farm for one day during sale or auction.
SANITARY LANDFILLS. Method of waste disposal involving the dumping and daily covering of waste material all in compliance with state regulations.
SCALE OR AUCTION YARD/BARN. A place or building where the normal activity is to sell or exchange livestock. Livestock normally in yard or farm for one day during sale or auction.
SERVICE STATION, AUTOMOBILE. Any building or premises which provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automobile repair work may be done at a SERVICE STATION, provided that no rebuilding of engines, spray paint operations or body or fender repair is permitted. Gasoline pumps and gasoline pump islands shall be located more than 12 feet from the nearest property line.
SETBACK. The setback of a building is the minimum horizontal distance between the front line or street fine and the nearest edge of any building or any projection thereof, except cornices and unenclosed porches, and entrances vestibules and window bays projecting not more than three and one-half feet from the building and not more than 50 square feet in area, and which do not extend above the first story of the building.
SCREENING. Earthforms, walls, fences, plant material or other structures or devices intended to partially obscure, conceal or protect from off-site view.
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.
(1) Any object, device or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
(2) This definition does not include:
(a) National or state flags or their emblem or insignia, interior window displays, athletic scoreboards, or the official announcements or signs of government;
(b) 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;
(c) Legal notices, identification, information or directional signs erected or required by governmental bodies;
(d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving fights; and
(e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SIGN (OFF-PREMISES). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN (ON-PREMISES). A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
SLEEPING QUARTERS. A room or an area contained within a dwelling unit utilized for the purpose of sleep.
SMALL WIND ENERGY CONVERSION SYSTEM or SWECS. A WES facility with a single tower height of less than 90 feet used primarily for on-site consumption of power. See graphic below.
SPECIFIED ANATOMICAL AREAS.
(1) 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; and
(2) Genitals of humans or animals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human or animal genitals in the state of sexual stimulation or arousal;
(2) Acts or representations of acts of human or animal masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
(3) Fondling or erection touching of human or animal genitals, pubic region, buttock or female breast; and
(4) 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. The 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.
(1) ARTERIAL STREET. A street designated as such upon the Major Street Plan of the Comprehensive Land Use Plan of the city.
(2) COLLECTOR STREET. A street designated as such upon the Major Street Plan of the Comprehensive Land Use Plan of the city.
(3) LOCAL STREET. Any street which is not an arterial street or collector street.
STRIP MALLS. Retail buildings of less than 100,000 square feet and designed for more than one tenant.
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 buildings, manufactured homes, walls, fences, swimming pools, signs, ponds and lagoons.
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 permit issued by the city. In order to be SUBSTANTIALLY COMPLETE, 75% of the project for which a building permit has been issued is required to be finished.
SYSTEM HEIGHT. The height above grade of the tallest point of the WES, including the rotor radius.
TOWER HEIGHT. The height above grade of the fixed portion of the tower, excluding the wind turbine itself.
TRAILER. Any of the following:
(1) CAMPER TRAILER. A canvas, folding structure, mounted on wheels, and designed for travel, recreation and vacation use.
(2) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
(3) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(4) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses. 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.
TURBINE. The parts of the WES including the blades, generator and tail.
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.
UTILITY. Any entity engaged in this state in the generation, transmission or distribution of electric energy including, but not limited to, a private investor owned utility, cooperatively owned utility, and a public or municipal utility.
VARIANCE. 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 nonconforming in the zoning district or uses in an adjoining zoning district.
VERTICAL AXIS WIND TURBINE. Have the main rotor shaft arranged vertically and shall be used only for the purpose of generating power for the property on which the vertical axis wind turbine is located, or for the purpose of transmitting power to the electrical grid of an electric utility company through an approved interconnection. VERTICAL AXIS WIND TURBINES are either mounted on a tower, close to the ground, or directly on building roofs. See following graphics.
VETERINARY CLINIC. A commercial activity catering to the medical needs of animals and having no outside runs.
WASTE. Any garbage, refuse, manure, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product materials as defined by the Atomic Energy act of 1954, as amended.
WATCHMAN’S QUARTERS. See CARETAKER’S RESIDENCE/WATCHMAN’S QUARTERS.
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.
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.
WIND ENERGY CONVERSION SYSTEM or WECS. An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnections, battery banks and the like in such a configuration as necessary to convert the power of wind into mechanical or electrical energy. WECS are also known as WIND CHARGERS, WINDMILLS or WIND TURBINES.
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 fine.
YARD, FRONT. A yard extending between the side lot lines across the front of a lot adjoining a public right-of-way.
(1) In the case of corner lots which do not have reversed frontage, a FRONT YARD of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the districts shall be provided on the other frontage.
(2) In the case of reversed frontage corner lots, a FRONT YARD of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
(3) In the case of corner lots with more than two frontages, the Administrative Official shall determine the front yard requirements, subject to the following limitations:
(a) At least one front yard shall be provided having the full depth required generally in the district; and
(b) No other front yard on such lot shall have less than half the full depth required generally.
(4) 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.
YARD LINE. See LOT LINE.
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.
YARD, REQUIRED. The 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.
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. passed 7-7-2014)