The following words, terms and phrases are defined and shall be interpreted as such throughout this ordinance. Terms not defined shall have the meaning customarily assigned to them.
Accessory use means a use customarily incidental and subordinate to the principal use of land and/or buildings located on the same lot or on an adjoining lot where at least one property line connects to a lot having the same ownership where a primary/permitted use is located, and with a development lot agreement as further described in Section VI Administration and Enforcement. An accessory use may only be constructed in conjunction with the issuance of a building permit for, or following the construction of, a primary use.
Adult day care means a facility, other than a private residence, receiving one or more persons, eighteen (18) years of age or older, for care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled or physically handicapped who require supervision on an ongoing basis. An adult day care does not include treatment centers.
Alterations means, as applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, or the moving of an interior component from one location or position to another.
Animal boarding means the provision of shelter, feeding, training and/or supervision of domestic pets, horses and other livestock, where the animals being cared for are not owned by the service provider.
Area, building means the square footage of the footprint of the principal building and all accessory buildings exclusive of nonenclosed porches, terraces, steps and decks.
Back of sidewalk means the edge of the sidewalk that is closest to the front property line.
Basement means a story having at least one-half of its height below the average level of the adjoining ground. A basement shall be counted as one-half story.
Bed and breakfast means a residence offering overnight lodging and a morning meal, with not more than four (4) guest sleeping rooms for not more than eight (8) persons. A bed and breakfast in a residential zone shall be regulated as a home occupation.
Boarding house means a dwelling as distinct from a hotel or rooming house where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons on a weekly or monthly basis.
Building line means a line extending across the front of the building facing the street and perpendicular to the side property line.
Building official means the official responsible for the administration and enforcement of the various codes regulating construction, use or occupancy of buildings and structures, public or private.
Certificate of occupancy means the instrument issued by the building official when a new use is being established and the building has been inspected and found to meet adopted codes and ordinances relating to construction and use. Such certificate authorizes occupancy of the building for its specified use.
Child care center means a facility, by whatever name, which provides care, supervision, instruction, recreation and/or activities any time during the day, evening, or overnight hours, on a regular basis to children, and for compensation. This definition shall not include the following: 1) a care-giver who provides these services, with or without compensation, within the care-giver’s residence; 2) these services provided as an accessory/support use for the employees and patrons of a business or public/quasi-public use; 3) services provided by persons employed as in-home private care- givers, regardless of the time and duration of the care provided (i.e., nannies, babysitters, au-pairs, and similar care providers); 4) privately or publicly owned and operated schools offering K-12 education; 5) group and foster homes for children under the age of 18.
City council means the Spearfish Common Council.
Club, private means an organization catering exclusively to members and their guests, in premises and buildings for recreational or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are provided primarily for the club membership.
Collector road means a road intended to move traffic from local roads to minor arterials.
Conditional use permit means the permitting of a use of land and/or structures not otherwise permitted by right in the zoning district.
Condominium means real property consisting of an undivided interest in portions of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property. A condominium may include, in addition, a separate interest in other portions of real property.
Driveway means a designated location on private property used for parking and ingress and egress to a public street. An alley right-of-way measuring 30 feet and less in width is not a public street.
Dwelling means a building or portion thereof, exclusive of manufactured homes as defined, used for residential purposes.
Dwelling, multiple family means one building containing three (3) or more dwelling units and used by three (3) or more families living independently of each other.
Dwelling, single family means a building designed for occupancy of one family, and not attached to another dwelling.
Dwelling, two-family means a dwelling containing two (2) dwelling units occupied by two (2) families living independently of each other.
Dwelling unit means one (1) or more rooms served by municipal water and sanitary sewer and designed as a unit for occupancy by one (1) family for cooking, living and sleeping purposes.
Family means one (1) or more persons related by blood, marriage or adoption; or a group not to exceed five persons, none of whom are related by blood or marriage, occupying the premises and living as a single nonprofit housekeeping unit. A family shall be deemed to include domestic servants employed by the family and occupying the same premises.
Floor area means the sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a structure.
Fraternity or sorority house means a dwelling housing the members of a chartered fraternity or sorority living together under a nonprofit cooperative arrangement as distinct from a boarding or lodging house or private club.
Governing body means the Spearfish Common Council.
Group care home/ assisted living facility means a residential facility established for the purpose of providing, on a long term basis and for monetary compensation, room and board for three (3) or more individuals living as a single household unit, who are unrelated by blood or marriage, and who by reason of age, physical, or mental disability may require personal assistance in achieving personal independence. Such a facility may contain a separate and defined living unit for a resident caretaker or manager. In addition to the above, group care homes shall include all such facilities licensed by state or federal authority which provide room, board and other care for three or more persons. Provided, however, that missions, detoxification centers, detention and residential inpatient treatment facilities shall not be construed to fall under the definition of group care homes, whether licensed or not.
Height means as related to zoning district height regulations, the vertical distance measured from the average ground elevation of the proposed finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Historic monuments and places means a location, site, building, facility, corridor, system, or use of property that has historical significance recognized as such by the Spearfish Historical Society, or a facility or museum dedicated to the housing and display of history, relics and antiques.
Home Occupation Type 1 means any activity conducted for financial gain by the occupants of any dwelling unit or accessory structure on the same property and in accordance with the following:
(1) Such activity is conducted entirely within the dwelling unit or accessory structure and entirely and only by the occupants of the dwelling.
(2) No external alteration of the dwelling unit or accessory structure on the same property or other visible evidence of such activity is readily apparent.
(3) No signage or outside storage is provided.
(4) Such activity does not cause or encourage excessive vehicular or pedestrian traffic not ordinarily associated with the surrounding area.
Home Occupation Type 2 means any activity conducted for financial gain by the occupants of any dwelling unit or accessory structure on the same property and in accordance with the following:
(1) In addition to the occupants of the dwelling, employees who do not reside in the dwelling unit also participate in such activity.
(2) Such activity results in vehicular or pedestrian traffic levels above what is ordinarily associated with the surrounding area.
(3) Signage or outdoor storage is provided.
International building code means the Building Code, as officially adopted by the City of Spearfish.
Large scale contractor means a provider of construction services whose operations take place either outdoors or indoors, and whose operations typically consist of heavy construction, excavation, trenching, and earthmoving activities and whose operations typically require the storage of machinery, vehicles, and equipment in an outdoor storage yard.
Large scale solar energy conversion facility means a system of devices and equipment used to collect solar energy and convert it into electrical energy for storage or distribution for offsite or on-site use and includes solar panels and related energy conversion equipment, electrical components, and buildings associated with the same.
Local road means a road intended to provide access to other roads from individual properties.
Logo means a character or symbol used to represent an entire word or phrase and without words incorporated in or around the character or symbol. In advertising, a logo is recognizable by the general public as a tradename, whether registered or not.
Lot means a platted parcel of land which is or may be occupied by a building and its accessory buildings.
Lot, corner means a lot on which at least two (2) adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two (2) such sides is less than one hundred thirty-five (135) degrees. A corner lot shall be deemed to have two (2) front lot lines and two (2) side lot lines.
Lot coverage means the area of a lot that is covered by occupied structures including garages.
Lot, depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.
Lot, double frontage means an interior lot which runs through a block from street to street, abutting on two (2) or more streets.
Lot, frontage means that dimension of a front lot line abutting on a street.
Lot, interior means a lot other than a corner lot.
Lot, irregular means a lot having at least two (2) sides not parallel to one another.
Lot lines means the lines bounding a lot.
Lot line, front means in the case of an interior lot, the line separating the lot from the street. For a double frontage lot, the lines separating the lot from each street.
Lot line, rear means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than ten (10) feet long and wholly within the lot.
Lot line, side means any boundary line not a front line or rear line.
Lot width means the width of a lot at the building setback line measured at right angles to its depth.
Major arterial means a road intended to move through traffic between traffic generators and large areas.
Manufactured home means a portable dwelling unit, designed and constructed to be towed on its own chassis, comprised of frame and wheels, and designed to be connected to utilities for year-round occupancy. The term shall include:
(1) Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity: and,
(2) Units composed of two (2) or more separately towable components designed to be joined into one (1) integral unit capable of being separated again into the components for repeated towing.
The term shall include units designed to be used for residential, commercial, educational or industrial purposes excluding, however, recreational vehicles and travel trailers.
Manufactured home park means a parcel of land, of not less than two (2) acres, whereupon manufactured homes are placed.
Manufactured home space means a defined plot of ground or lot within a manufactured home park which is designed for and designated as the location for two (2) automobiles and one (1) manufactured home, and not used for any other purposes whatsoever other than customary accessory uses.
Minor arterial means a road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas, and/or are designed to carry traffic from collector streets to the system of major arterials.
Modular home means a modular home consists of finished units composed of two (2) or more components designed to be joined into one (1) integral unit not capable of being separated into its components for moving and towing; designed to be placed on a permanent foundation with or without a basement. To be classed as a modular home, the completed unit must meet with the specifications of the following:
(1) International Building Code, as adopted.
(2) National Electric Code, as adopted.
(3) Uniform Plumbing Code, as adopted.
(4) International Mechanical Code, as adopted.
Nonconforming use means a structure or use of land existing at the time of enactment of this ordinance which does not conform to the regulations of the district in which it is located.
Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. This definition excludes private home offices.
Open space means total area of all land on a lot not covered by structures or parking lots.
Outdoor sales means the outdoor display and marketing of a limited supply of products and services to the public.
Outdoor storage means the keeping in an unroofed area of any goods, material, or merchandise in the same place for more than 24 hours that are not considered under the definition of outdoor sales.
Parking, controlled access means a hard surfaced parking area with a defined entrance and exit, designed and of sufficient size that no vehicle is required to back into a public street for egress.
Parking, off street means parking space(s) located behind the curb line of a public street, within a garage or carport or outside the maintained driving surface of a public street.
Parking, on-site means a hard surfaced parking area of not less than one hundred seventy-one (171) square feet per parking space located wholly within the boundaries of the lot on which it is constructed.
Personal services means a business that provides non-medical services to individuals. Typical uses include but are not limited to, beauty salons and spas, barber shops, massage, physical therapy, animal grooming, personal item repair shops, and body art services.
Planning commission means the City of Spearfish Planning Commission.
Property line means the boundary of a parcel of land.
Public uses means public parks, schools, and administrative, cultural, and service buildings, not including public land or buildings devoted solely to storage and maintenance of equipment and material.
Recreational vehicle shall include the following types of vehicles:
Enclosed cargo trailer means a non-motorized vehicle with sides and a roof that can be towed by a motorized vehicle.
Fifth wheel camper means a non-motorized vehicle used for recreational temporary dwelling purposes that can be towed by a motor vehicle by means of a kingpin connecting device.
Motorhome means a motorized vehicle used for recreational temporary dwelling purposes where the temporary dwelling portion of the vehicle is designed and constructed as an integral part of a self-propelled vehicle.
Open trailer means a non-motorized vehicle with or without side walls and without a roof that can be towed by a motorized vehicle.
Pop-up camper means a non-motorized vehicle that has walls that can fold or collapse, is used for recreational temporary dwelling purposes, and can be towed by a motor vehicle.
Travel trailer means a non-motorized vehicle used for recreational temporary dwelling purposes that can be towed by a motor vehicle.
Retail Type 1 means establishments engaged in selling products, goods, services, or merchandise, and where primary inventory is located within an enclosed structure, and outdoor sales, if provided, is an accessory use.
Retail Type 2 means establishments engaged in selling products, goods, services, or merchandise, and where primary inventory is displayed outdoors.
Rooming house means a building, other than a boarding house, where lodging only is provided for compensation to three (3) or more, but not exceeding twelve (12) persons. A building which has accommodations for more than twelve (12) persons shall be defined as a hotel under the terms of this ordinance.
Screened/screening means enclosed by and hidden from view of the adjacent properties by a natural or man-made feature. Examples of screening include solid walls, solid fences, and hedges with year-round foliage.
Semi-tractor truck means a motorized vehicle that can tow open or enclosed trailers or other vehicles, and has one front steering axle and two rear drive axles.
Service and repair establishments means businesses that are primarily engaged in fixing and maintaining personal property to include but not be limited to: large and small appliances, equipment, machinery, bicycles, and vehicles.
Setback, average means a building setback where at least fifty percent (50%) of the structure follows a setback that is greater than required, with the remaining portion of the setback at a distance less than what is required.
Setback line means a line delineating the minimum allowable distance between property boundaries and the foundation of a structure, within which no building or other structure shall be placed except as provided in
Article V, Section 2. The front setback line is parallel to or concentric with the street right-of-way.
Sign, accessory means a sign customarily incidental, appropriate and subordinate to the principal use of land and buildings, and located on the same lot. An on-premise sign.
Sign, advertising means a sign which directs a attention to a use, commodity, or service not related to the property on which it is located. An off premise sign.
Sign, directional means an on-premise accessory sign for the purpose of directing the flow of traffic on a specific lot or lots.
Sign, monument means a freestanding ground sign, supported wholly by a base structure and containing one (1) or more accessory signs of individual businesses on the property; as distinguished from a pole sign.
Sign or other advertising device means any structure which displays or includes any letter, words, or representation used as an announcement, direction or advertisement. The word "sign" includes any type of advertising device, but does not include a logo, the flag, pennant or insignia of any nation, state, city, or other political unit.
Sign, permanent means a sign permanently affixed to a building or structure.
Sign, pole means a sign that is supported above the ground by one or more legs, poles, or other apparatus, and the area beneath the sign is more than fifty percent (50%) open to the passage of light and air.
Sign, portable means a sign structure which can be moved from location to location.
Sign, roof means any sign erected or constructed wholly upon the roof of any building.
Sign, temporary means any sign, banner, pendent, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time only.
Sign, wall means any sign painted on or attached to and erected parallel to the face of the outside wall of any building which displays only one (1) advertising surface.
Small scale contractor means a provider of construction services whose operations take place primarily indoors, such as plumber, electrician, cabinet/countertop maker, heating/cooling supplier, and window and door installers.
Small scale solar energy conversion facility means a system of devices and equipment used to collect solar energy and convert it into electrical energy for storage or distribution primarily for on-site use and includes solar panels and related energy conversion equipment, and electrical components and buildings associated with the same.
Solar energy means radiant light and heat from the sun that is harnessed using technologies such as solar photovoltaics.
Solar panel means a device containing photovoltaic cells that absorbs or collects sunlight.
Solar panel footprint means the size of the land area formed by an imaginary boundary around the perimeter of all solar panels and related equipment. The solar panel footprint does not apply to roof mounted panels.
Spot zoning means the zoning practice that classifies or reclassifies a parcel or area in a manner which is not sufficiently related to the classification of similarly situated land. Spot zoning shall not be permitted.
Storage building means a completely enclosed structure containing one or more independently secured and accessible spaces that may be rented to a tenant for the purposes of storing the tenant’s personal property for any length of time.
Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. (Per International Building Code as adopted)
Street frontage means all the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street or, if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
Street, intersecting means any street which joins another street at an angle, whether or not it crosses the other.
Street line means the legal line between street right-of-way and abutting property.
Structure means a combination of materials to form a construction that is safe and stable.
Studio/efficiency apartment means a dwelling unit which the normal functions of several rooms - excluding the bathroom - are combined into only a single room.
Temporary shelter means a facility that provides housing and support services to persons with no ordinary or regular residence as a result of domestic violence, unemployment, or other social or economic hardship. This definition excludes treatment centers.
Townhouse means one (1) of a group of two (2) or more attached single-family dwelling units built on one (1) or more common lot lines. Each townhouse shall be located on an individually platted lot which may contain open space in addition to the area upon which it is constructed. The owner of the townhouse may also participate in the ownership of common property, if any, within a townhouse development.
Treatment center means a use involving housing for persons while receiving specialized treatment, and/or counseling because of addiction to drugs or alcohol, mental illness or other behavior disorders.
Use means the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
Wholesale means establishments engaged in providing goods, products, and commodities to other businesses.
Zoning administrator means the official designated by the city council to administer these regulations.
(Ord. No. 969, 8-18-03; Ord. No. 999, 2-7-05; Ord. No. 1018, 9-6-05; Ord. No. 1129, 1-3-11; Ord. No. 1137, 7-5-11; Ord. No. 1195, 7-7-14; Ord. No. 1223, 12-21-15; Ord. No. 1275, 4-2-18; Ord. No. 1284, 8-20-18; Ord. No. 1300, 5-20-19; Ord. No. 1301, 6-3-19; Ord. No. 1335, 10-19-20; Ord. No. 1354, 10-18-21; Ord. No. 1368, 6-20-22)
State law reference-Definitions generally, § 1-2.