For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign or sign structure which contains no sign copy, contains obliterated or obsolete sign copy, or is maintained in an unsafe or unsightly condition for a period of three months shall be considered an ABANDONED SIGN.
ACCESSORY BUILDING AND USES. A subordinate building or portion of the main building, the use of which is incidental to and customary in connection with the main building or the main use of the premises and which is located on the same lot with the main building or use. An ACCESSORY USE is one which is incidental to the main use of the premises.
ADULT AMUSEMENT OR ENTERTAINMENT. Amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.
ADULT BOOKSTORES. An establishment having as a substantial or significant portion of its stock and trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below, or an establishment with a segment or section devoted to the sale or display of those materials.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material for observation by patrons and which excludes minors by virtue of age.
ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as herein defined, for observation by patrons therein.
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.
AGRICULTURE. The use of land for agricultural purposes including farming, dairying, raising, breeding or management of livestock, poultry or honey bees, forestry, horticulture, floriculture, viticulture and the necessary accessory uses for packaging, treating or storing the produce providing that the operation of any accessory use shall be secondary to the normal agricultural activities. This definition shall not include intensive agricultural activities such as feedlot operations and agribusiness activities.
AIRPORT. A place where aircraft can land and takeoff, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers, including heliports.
ANIMAL UNIT.
(1) One
ANIMAL UNIT is equivalent to:
1 beef cow, steer, feeder or fat beef animal |
0.5 horse |
0.7 dairy cow |
1.7 swine |
6.7 sheep |
33 hens, cockerels, capons, broilers |
10 geese or turkeys |
5 ducks |
(2) Example: 200 animal units × 0.7 = 140 dairy cattle or 200 animal units × 1.7 = 340 swine.)
ANTENNA. Any device that radiates or captures electromagnetic wave signals, including digital voice and data signals, analog voice and data signals, video signals or microwave signals, and is mounted on a structure that allows freedom from obstruction for the radiation and capture of the electromagnetic signals.
ANTENNA SUPPORT STRUCTURE. Any existing structure that supports wireless communications facilities, such as but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples and light poles.
AQUIFER. A zone stratum or group of strata that can store and transit water in sufficient quantities for specific use.
ARCADE. A building or structure, open to the public, which contains coin operated games and similar entertainment and amusement devices, as the primary use or with five or more games as an accessory use.
AUTOMOBILE SERVICE STATION. 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.
AUTOMOBILE STORAGE YARD. The temporary storage of vehicles which are impounded, licensed and operable in an unroofed area.
BAR/LOUNGE. An establishment that is licensed to sell alcoholic beverages, including low point beer, by the drink.
BED AND BREAKFAST ESTABLISHMENT. A BED AND BREAKFAST ACCOMMODATION may provide no more than ten bedrooms for guests (exclusive of the living quarters of the owner or operator). Guests at a BED AND BREAKFAST ACCOMMODATION may stay up to 14 consecutive days provided that the BED AND BREAKFAST ACCOMMODATION may only offer a daily rate and shall not offer weekly or bi-weekly rates. A BED AND BREAKFAST ACCOMMODATION may include kitchen and dining facilities to furnish meals for guests only. Food preparation within a guest bedroom is prohibited. A BED AND BREAKFAST ACCOMMODATION may not include a restaurant, banquet facilities or similar services.
BILLBOARD. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
BOARD OF COUNTY COMMISSIONERS. The governing body of Minnehaha County.
BOARDINGHOUSE. A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for three or more persons.
BROADCAST TOWER. A structure, not including offices or studio, for the transmission of radio or television broadcast communications.
BUILDABLE AREA. The portion of the lot that can be occupied by the principal use, thus excluding the front, rear and side yards.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by masonry or fire wall without any window, which wall extends from the ground to the roof, then the portion shall be deemed to be a separate BUILDING.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING ELIGIBILITY. See ELIGIBLE BUILDING SITE.
BUILDING, HEIGHT OF. The vertical distance from the grade to:
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof; or
(3) The average height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE. A line on the lot running parallel to the required horizontal distance from the nearest property line.
BUILDING, PRINCIPAL. A nonaccessory building in which is conducted the principal use of the lot on which it is located.
BUS/TRUCK TERMINAL. An area and building where buses, trucks and cargo is stored; where loading and unloading is carried on regularly; and where minor maintenance of these types of vehicles is performed.
CAMPGROUND. A plot of ground consisting of two or more campsites where camping units can be located and occupied as temporary living quarters.
CATHODIC PROTECTION. A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell; protection of a tank through the application of either galvanic anodes or impressed current.
CITY COUNCIL. The governing body of the City of Sioux Falls.
CITY PLANNING COMMISSION. The members appointed by the city to serve in an advisory capacity on planning and zoning matters.
CLUB. Building and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the area, including analysis, recommendations, and proposals of economy, housing, transportation, community facilities and land use.
CONCENTRATED ANIMAL FEEDING OPERATION. A lot, yard, corral, building or other area where animals have been, are, or will be stabled or confined for a total of 90 days or more during any 12-month period; and where crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the lot or facility.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning district, but which if controlled, would promote the public health, safety and welfare.
CONTAINMENT FACILITY.
(1) PRIMARY. The tank, pit, container, pipe, enclosure or vessel of first containment of a regulated substance.
(2) SECONDARY. A second level of containment outside the primary containment facility designed to prevent a regulated substance from reaching land or waters outside the containment area.
CONTAMINATION, AIR. A concentration of any radioactive or toxic material which is a product, by-product or otherwise associated with any exploration, mining or milling operation that increases ambient air radiation levels by 50 mrems from the background levels established prior to the commencement of the activity, measured at the perimeter of the mining or milling site or at the top of an exploration hole.
CONTAMINATION, WATER. A concentration of any radioactive or toxic material which is a product, by-product or otherwise associated with any exploration, mining or milling operation that exceeds the maximum contaminate levels established by the Federal Safe Drinking Water Act, being 42 U.S.C. §§ 300f et seq. and regulations promulgated thereunder.
CONTRACTOR’S SHOP AND STORAGE YARD. Use of land or building(s) for storage and preparation of materials used by that same individual(s) in conducting the business of construction and repair work, generally completed at some other on-site location.
COUNTY PLANNING COMMISSION. The members appointed by the board of county commissioners to serve in an advisory capacity on planning and zoning matters.
DAY CARE. The providing of care and supervision of a child or children as a supplement to regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.
DAY CARE, CENTER. Is normally in a facility used only for providing day care nursery or pre-kindergarten services, and is limited in number over 12 by the square footage of useable space available. The ratio is presently 35 square feet per child indoors and 50 square feet per child outdoors.
DAY CARE, FAMILY. Care is done in a family home and the number of children cared for is limited to a maximum of six children under 14. Included in that count are the provider’s own children six years and under. See HOME OCCUPATION.
DAY CARE, GROUP. Is normally in a family home. The number of children cared for is seven to 12 children under the age of 14 including the provider’s own children six years and under.
DENSITY. The number of families, individuals, dwelling units or housing structures per unit of land.
DISTRICT. An area for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
DRIVE-UP SERVICE WINDOW/DEVICE. An establishment which accommodates the patron’s motor vehicles, from which the occupants may obtain or receive a service or obtain a product through a service window or automated device.
DWELLING. A building, or portion thereof, constructed in conformance with the Uniform Building Code, and used exclusively for human habitation, including single-family, two-family and multiple- family dwellings, but not including hotels, motels or lodging houses. This definition does not include a mobile home or manufactured home. See mobile HOME/MANUFACTURED HOME as defined herein.
DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.
DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single-family as defined herein.
ELECTRICAL SUBSTATION. A premises which may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An ELECTRICAL SUBSTATION shall be secondary, supplementary, subordinate and auxiliary to the main system.
ELIGIBLE BUILDING SITE (BUILDING ELIGIBILITY). A site which fulfills the requirements for the construction or placement of a residential dwelling. To compute the number of eligible building sites on a lot of record of 40 acres or more, the total acreage of the parcel shall be divided by 40 acres. The resulting whole number is the number of building sites eligible on the lot of record.
EXPLORATION. The act of searching for or investigating a mineral deposit. It includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes, and digging pits or cuts and other works for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, access ways and other facilities related to the work. Any and all shafts, tunnels or holes shall not exceed 18 inches in diameter unless the conditional use for EXPLORATION provides for a larger diameter. The term does not include those activities which cause no or very little surface disturbance, such as airborne surveys and photographs, use of instruments or devices which are hand-carried or otherwise transported over the surface to make magnetic, radioactive or other tests and measurements, boundary or claim surveying, location work or other work which causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not involved in EXPLORATION.
FAMILY.
(1) One or more individuals, related by blood or law, occupying a dwelling unit and living as a single household unit.
(2) A
FAMILY shall not include more than three adults who are unrelated by blood or law, in addition to persons actually related by blood or law. The following persons shall be considered related by blood or law for the purposes of this chapter:
A. A person residing with the
FAMILY for the purpose of adoption;
B. Not more than six persons under 18 years of age, residing in a foster home licensed or approved by a governmental agency;
C. Not more than four persons 19 years of age or older residing with the
FAMILY for the purpose of receiving foster care licensed or approved by a governmental agency; and
D. Any person who is living with the
FAMILY at the direction of a court.
FARMER’S MARKET. An area where space is rented to individual vendors who grow farm products such as agricultural and horticultural goods, or who produce food specialty products such as baked goods, candies, jams, jellies, spices, condiments, cheeses, eggs, milk, honey, meats, fish and pasta. This definition does not include the sale of arts and crafts products.
FARMSTEAD. An area consisting of a farm dwelling or dwellings and agricultural buildings and structures devoted to and used in connection with an agricultural operation. A FARMSTEAD is generally bounded on one or more sides by a tree belt but does not include crop and pasture land.
FLOOD INSURANCE RATE MAP (FIRM). An official map of Minnehaha County on which the Federal Insurance Administration has delineated the areas of flood hazard and their potential for flooding.
FLOODPLAIN. A land area adjoining a river, creek, watercourse or lake which is likely to be flooded and which is designated as Zone A, AO or A1-A30 on the FIRM
FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.
FLOOR AREA. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when the space is used for storage or incidental uses.
FOWL. Birds of the order Galliformes gallus, Gallinaceous, and Anseriformes.
FRONTAGE. All the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
FROZEN FOOD LOCKER. A place where the animal is dressed and packaged, where no rendering or refining is done.
GARAGE, PRIVATE. A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGE. Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
GENERAL MANUFACTURING. Those manufacturing processes including light manufacturing which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare or the operation of the processes outside the building.
GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GROUNDWATER. Subsurface water that fills available openings in rock or soil materials so that it may be considered water saturated.
GROUP HOME. A supervised living or counseling arrangement in a family home context providing for the care of children or adults.
HOME OCCUPATION. A business, profession, occupation or trade conducted for profit and located entirely within a dwelling, which use is accessory, incidental and secondary to the use of the dwelling for residential purposes and does not change the essential residential character or appearance of the dwelling.
HYDROLOGIC BALANCE. The relationship between the quality and quantity of inflow to and outflow from the storage in hydrologic units, such as a drainage base and aquifer, soil zone lake or reservoir it encompasses, the quantity and quality relationships between precipitation, runoff, evaporation and the change in ground and surface water storage.
HYDROLOGIC REGIME. The entire state of water movement in a given area which is a function of the climate and includes the entire water cycle for the drainage area.
INTERMODAL SHIPPING/STORAGE CONTAINER. A six-sided metal unit constructed as a general cargo container used for the transport and storage of goods and materials. Intermodal shipping/storage containers do not include railroad cars, bus bodies, semi-trailers, and similar items designed to be permanently attached to a chassis.
JOINT ZONING JURISDICTION. The area beyond the Sioux Falls city limits where the county commission and city council jointly exercise the zoning powers granted by SDCL 11-2, 11-4 and 11-6.
JUNKYARD. Any facility used for the storage, wrecking, dismantling, salvage, collection, processing, purchase, sale or exchange of abandoned or discarded vehicles, goods, waste and scrap materials including, but not limited to, two or more abandoned or inoperable motor vehicles, glass, tires, appliances, machinery or automotive and mechanical parts.
KENNEL. Any premises or portion thereon where dogs, cats or other household pets are raised, trained, boarded, harbored or kept for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically excluded.
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. A space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet and a vertical clearance of at least 14.5 feet.
LOT. A parcel or tract of land having specific boundaries and which has been recorded in the register of deeds office. A LOT used for residential purposes shall include only one main building together with its accessory buildings, open spaces and parking spaces required by these regulations and shall have its principal frontage upon a road or other approved access.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT, DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
LOT, FRONTAGE. The length of the front lot line measured at the street right-of-way line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than three feet to any lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. Part of a subdivision, the plat of which has been recorded in the office of the register of deeds, or a parcel of land the deed or agreement to convey to which was recorded in the office of the register of deeds prior to February 21, 1978.
LOT, WIDTH. The width of a lot at the front yard line.
MAIN BUILDING. See PRINCIPAL BUILDING.
MAJOR STREET. Streets or roads which have been designated as freeways or arterial routes on the major street plan.
MAP, OFFICIAL ZONING. The map or maps, which are legally adopted as a part of the zoning regulations that delineate the boundaries of the zoning districts.
MEDICAL CANNABIS DISPENSARY or DISPENSARY. An entity registered with the South Dakota Department of Health pursuant to SDCL ch. 34-20G that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.
MILLING. The processing or enhancing of a mineral.
MINE DEWATERING DISCHARGE. Water that has been discharged from active or abandoned mines in areas affected by mineral exploration, mining and milling.
MINERAL. An inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is useable in its natural form as a metal, a metallic compound, a chemical, an energy source or a raw material for manufacturing or construction material. For the purpose of these regulations, this definition does not include surface or subsurface water, geothermal resources or sand, gravel and quarry rock.
MINERAL EXTRACTION. The removal of a mineral from its natural occurrence on affected land. The term includes, but is not limited to, underground and surface mining.
MOBILE HOME/MANUFACTURED HOME. Any single-family permanent living quarters, more than eight feet wide and 32 feet in length, and designed and built to be towed on its own chassis.
MOBILE HOME PARK. A parcel or tract of land designed and maintained for the purpose of providing a location for mobile homes and site delivered dwellings as living quarters and where private roads provide access to individual lots. This definition shall specifically exclude sales lots for mobile homes, site delivered dwellings, travel trailers and similar operations.
MOTOR VEHICLE REPAIR SHOP. Any building or structure in which a business, service or industry involving the maintenance, servicing or repair of vehicles is conducted or rendered. Including rebuilding of engines, spray paint operations and hourly repair.
MREM. One thousandth of a REM.
NEIGHBORHOOD UTILITY FACILITY. Telephone, electric and cable television lines, poles and equipment; water or gas pipes, mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings that exceed 120 square feet of roof area) necessary for conducting a service by a government or a public utility.
NONCONFORMING USES. Any building or land lawfully occupied by a use at the time of passage of these regulations or amendment thereto, which does not conform after the passage of these regulations or amendment thereto with the use regulations of the district in which it is situated.
NONSTANDARD USE. The category of nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this chapter which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this chapter.
OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.
PARKING SPACE. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street and permitting ingress and egress of an automobile.
PERMISSIVE USES. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERMITTED SPECIAL USE. A use allowed in a zoning district subject to the applicable restrictions of that zoning district and additionally subject to certain restrictions for that specific use.
PERSONAL COMMUNICATION SERVICES (PCS). Licenses granted by the Federal Communications Commission (FCC) to build digital wireless phone networks which compete with standard cellular service.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or their apparel; including, but not limited to: laundry or dry cleaning, receiving station; garment services; coin operated laundries; photographic and art studios; beauty shops; barber shops; shoe repair; reducing salons and health clubs; clothing rental; private schools.
PLANNING DIRECTOR. The individual for Minnehaha County designated to administer the zoning regulations and who is responsible for the enforcement of the regulations.
PRINCIPAL BUILDING. A building in which is conducted the primary or predominant use of the lot on which it is located.
PRODUCE STAND. A produce stand is defined as a temporary or permanent structure used for the display and sale of agricultural products, not to include retail nursery operations.
PUBLIC UTILITY FACILITIES. See NEIGHBORHOOD UTILITY FACILITY. The definition is the same as the neighborhood except that buildings that exceed 120 square feet in roof area are allowable.
QUARTER-QUARTER SECTION. A quarter of a quarter section as determined by the United States Rectangular Land Survey System. A government lot as determined by the rectangular land survey system shall be considered a quarter-quarter section for purposes of these regulations. For purposes of these regulations, rights-of-way for public or private transportation shall not impact the completeness of a QUARTER-QUARTER SECTION.
RECHARGE CAPACITY. The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
RECREATION FACILITY. A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive. Related functions such as changing rooms or restrooms, and maintenance may be housed in buildings or structures.
RECYCLABLE MATERIALS. Materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to aluminum, paper, glass and plastic.
RECYCLING PROCESSING FACILITY. An established facility where recyclable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. No on-site sales of materials or salvage-type automobiles may be conducted or processed at these types of facilities. Facilities which handle recyclable hazardous materials or waste petroleum products as a primary or substantial portion of their business are not included.
REGULATED SUBSTANCE. A regulated substance shall include: pesticides and fertilizers, hazardous and toxic substances designated by the EPA through any of the following: Clean Water Act, being 33 U.S.C. §§ 1251 et seq., Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., Resource Conservation and Recovery Act, being 42 U.S.C. §§ 6901 et seq. or Comprehensive Environmental Response Compensation and Liability Act, being 42 U.S.C. §§ 9601 et seq.; petroleum and petroleum substances, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils, additives used in refining oils and gasoline. This term does not include sewage and sewage sludge.
REM (ROENTGEN EQUIVALENT MAN). A measurement of the biological effects resulting from ionizing radiant energy where roentgen is the amount of radiation leading to the absorption of 88 ergs of energy per gram of air.
RESIDENTIAL DEVELOPMENT AREA. An area of land that is located in a residential zoning district; a residential subarea within a planned development zoning district; or a subdivision of five or more lots.
RETAIL SALES 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 eating and drinking establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational and social services, and other miscellaneous services.
SALVAGE OPERATION, SCRAP PROCESSING OPERATION. A facility where salvageable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.
SALVAGE OR JUNK YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to: scrap iron and other metals, paper, rags, rubber tires, bottles and motor vehicles. This definition includes an automobile wrecking or dismantling yard, but does not include uses established entirely within enclosed buildings.
SALVAGEABLE MATERIALS. Materials or products from dismantled, non-operating or wrecked automobiles, trucks, trailers, equipment, machinery, mobile homes, tractors or farm machinery, appliances or other vehicles or parts thereof; as well as, scrap metals including iron, steel and any other metallic material except recyclable material as defined herein.
SANITARY LANDFILL. A site for the disposal of garbage and other refuse material.
SETBACK/SETBACK LINE. The line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be erected or placed.
SIGN. Any object, device or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This definition does not include national or state flags or their emblem or insignia, interior window displays, athletic scoreboards or the official announcements or signs of government.
SIGN (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.
SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and the refining of their byproducts.
SOLAR ENERGY CONVERSION SYSTEM (SECS).
Any mechanism or device designed for the purpose of converting solar energy into electrical or mechanical power.
SOLID WASTE RECEIVING STATION. A facility where garbage and other refuse material is brought to the site and deposited in a container, then compressed and transported to a sanitary landfill.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
A. Human genitals, pubic region;
B. Buttock; and
C. Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; and
(3) Fondling or other erotic touching or undraped human genitals, pubic region, buttock or female breast.
STABLE. Any premises or part thereon where horses or any equine animal are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
STATIONARY TANK. An above-ground tank which is fixed permanently in place on a foundation, rack, cradle, stilts or on the ground. The term does not include tanks mounted on wheels, trolleys, skids, pallets or rollers.
STEALTH. For freestanding telecommunications towers, it is the ability to blend into the context of the surrounding environment at a given location. For antenna support structures, STEALTH is the ability to camouflage or conceal the presence of wireless communication facilities. Methods of camouflage or concealment are required to be approved by the county planning director.
STOCKYARDS. A facility for the temporary confinement and marketing of animals.
STORY. The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET. A public right-of-way which affords the principal means of access to abutting property. Also referred to a ROAD or HIGHWAY.
STREET LINE. The line between the public right-of-way and private property.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. For the purpose of these regulations, retaining walls, concrete slabs and utility poles are not considered structures.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building developments (whether immediate or future). This term includes resubdivision and, when appropriate to the context, is related to the process of subdividing or to the land subdivided.
SURFACE IMPOUNDMENT. A facility or part of a facility which is a natural topographic depression, human-made excavation or dike area formed primarily of earthen materials (although it may be lined with human-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of SURFACE IMPOUNDMENTS are holding, storage, settling and aeration pits, ponds and lagoons.
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.
TELECOMMUNICATIONS TOWER HEIGHT. The vertical distance above grade to the highest point of the telecommunications tower, including the base pad and any antenna.
TELECOMMUNICATIONS TOWER SITE. The lot of record for which the telecommunications tower is located.
TRAILER. Any of the following.
(1) CAMPING TRAILER. A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.
(2) MOTOR-HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
(3) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
(4) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses. Permanently identified TRAVEL TRAILER by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet, and a body length not exceeding 30 feet.
TRUCK STOP. Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A TRUCK STOP also may include overnight accommodations and restaurant facilities.
UNSAFE SIGN. A sign on which the display area or structure has deteriorated due to rust, rotting or physical damage to the point where any portion of the sign has the potential to fall shall be considered unsafe.
UNSIGHTLY SIGN. A sign which has deteriorated to the point where at least one-fourth of the display area is no longer clearly recognizable at a distance of 20 feet; or where the paint is peeling, chipping or flaking from the structure shall be considered an unsightly sign.
VACATION HOME RENTAL/SHORT-TERM RENTAL. A dwelling or portion thereof, or a mobile or manufactured home or portion thereof, that is rented, leased, or furnished to the public on a daily or weekly basis for more than 14 days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in SDCL 34-18-9.1.
VEHICLE. Shall include, but not be limited to, any motor vehicle which is designed to be driven, and which is self-propelled, or is intended to be self-propelled. This definition shall also include all VEHICLES, whether or not self-propelled, that are intended to be attached, pulled or fixed to a VEHICLE.
VEHICLE AND EQUIPMENT, AGRICULTURAL. Any tool, implement, piece of equipment or machinery that is presently used in an agricultural operation or which is used in the regular or ongoing maintenance of the property; which includes, but is not limited to, equipment used for planting, harvesting, spraying, fertilizing, haying, livestock and manure handling, and other farming functions, or for property maintenance.
VEHICLE AND EQUIPMENT, COMMERCIAL. A commercial vehicle and equipment is defined as any of the following:
(1) Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire or has commercial vehicle identification;
(2) Vehicles including but not limited to any solid waste collection vehicle, semi-tractor, semi-trailer, dump truck, concrete mixer truck, box truck, towing or recovery vehicle, and any construction equipment whether located on the ground or on a truck, trailer or semi-trailer;
(3) Any vehicle having three or more axles, or exceeding 22 feet in length;
(4) Any vehicle or equipment that has a gross vehicle weight of more than 10,000 pounds; and
(5) Any equipment or trailer (open or closed) which is towed by another commercial vehicle.
VEHICLE, RECREATIONAL. Any vehicle designed for, used or capable of use for sport or recreation, whether or not eligible to be licensed for use upon streets and highways, including but not limited to campers, pickup campers, tent trailers and motor homes, boats and boat trailers, snowmobiles, motor bikes or all terrain vehicles, but excluding vehicles designed for commercial, industrial or agricultural use.
VISIBILITY TRIANGLE. A triangular area on corner properties within which the placement of certain structures, materials and the like are imposed under the provisions of this chapter.
WAREHOUSE. A building used primarily for the storage of goods and materials.
WASTE. Any garbage, refuse, manure, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, being 33 U.S.C. § 1342, as amended to January 1, 1986, or source, special nuclear or by-product materials as defined by the Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq., as amended to January 1.
WATER SOURCE PROTECTION AREA. A geographical area overlying a geologic formation, group of formations, or part of a formation capable of yielding, storing or transmitting a usable amount of groundwater to wells or springs for domestic or animal use. Any deposition of sand and gravel that is connected to water bearing strata or is not isolated.
WATER TABLE. The upper surface of a zone of saturation where the body of groundwater is not confined by an overlying impermeable zone.
WHOLESALE MERCHANDISING/TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, the individuals or companies.
WIND ENERGY CONVERSION SYSTEM (WECS). Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.
WIRELESS COMMUNICATIONS FACILITIES. Any cables, wires, lines, wave guides, antennas, antenna arrays and any other equipment associated with the transmission or reception of telecommunications signals which a person seeks to locate or have installed upon or near a telecommunications tower or antenna support structure.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD LINE. See BUILDING LINE.
YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line.
YARD, REQUIRED. A required yard shall mean the required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this chapter.
YARD, REQUIRED FRONT. The required front yard shall extend across the front of a lot between the property lines. There shall be a REQUIRED FRONT YARD on each street side of a corner lot. The REQUIRED FRONT YARD with the smallest required front yard may be referred to as the side-street-side front yard.
YARD, REQUIRED REAR. The REQUIRED REAR YARD shall extend across the rear of a lot between the property lines. On corner lots, the REQUIRED REAR YARD may be to the rear of either street. On interior lots, the REQUIRED REAR YARD shall in all cases be at the opposite end of the lot from the front yard.
YARD, REQUIRED SIDE. The REQUIRED SIDE YARD shall extend between the required front yard line and the required rear yard line. There shall only be one REQUIRED SIDE YARD on a corner lot.
YARD, SIDE. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
ZONING DISTRICT. A specifically delineated area in the joint zoning jurisdiction within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
ZONING PERMIT. A document signed by the planning director or an authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a building, which acknowledges that use, or building complies with the provisions of the zoning regulations or an authorized variance therefrom.
(1992 Code, App. C, § 24.02) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003; Ord. 34-04, passed 3-15-2004; Ord. 126-07, passed 7-16-2007; Ord. 76-09, passed 8-17-2009; Ord. 26-10, passed 3-15-2010; Ord. 12-14, passed 1-28-14; Ord. 37-14, passed 6-24-2014; Ord. 114- 21, passed 9-28-2021; Ord. 98-23, passed 10-24- 2023; Ord. 24-24, passed 3-26-2024)