For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. 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 §§ 156.080 through 156.093. 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 DAYCARE. A facility, other than a private residence, receiving one or more persons, 18 years of age or older, for care for periods of less than 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 DAYCARE does not include treatment centers.
ALTERATIONS. 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. 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. 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. The edge of the sidewalk that is closest to the front property line.
BASEMENT. 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. A residence offering overnight lodging and a morning meal, with not more than four guest sleeping rooms for not more than eight persons. A BED AND BREAKFAST in a residential zone shall be regulated as a home occupation.
BOARDING HOUSE. 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 or more but not exceeding 12 persons on a weekly or monthly basis.
BUILDING LINE. A line extending across the front of the building facing the street and perpendicular to the side property line.
BUILDING OFFICIAL. 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. 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.
CHILDCARE CENTER. 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: a caregiver who provides these services, with or without compensation, within the caregiver’s residence; these services provided as an accessory or support use for the employees and patrons of a business or public/quasi-public use; services provided by persons employed as in-home private caregivers, regardless of the time and duration of the care provided (i.e., nannies, babysitters, au-pairs and similar care providers); privately or publicly owned and operated schools offering K-12 education; or group and foster homes for children under the age of 18.
CITY COUNCIL. The Spearfish Common Council.
CLUB, PRIVATE. 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. A road intended to move traffic from local roads to minor arterials.
CONDITIONAL USE PERMIT. The permitting of a use of land and/or structures not otherwise permitted by right in the zoning district.
CONDOMINIUM. 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. 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. A building or portion thereof, exclusive of manufactured homes as defined, used for residential purposes.
DWELLING, MULTIPLE-FAMILY. One building containing three or more dwelling units and used by three or more families living independently of each other.
DWELLING, SINGLE-FAMILY. A building designed for occupancy of one family and not attached to another dwelling.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units occupied by two families living independently of each other.
DWELLING UNIT. One or more rooms served by municipal water and sanitary sewer and designed as a unit for occupancy by one family for cooking, living and sleeping purposes.
FAMILY. One 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. 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. 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. The Common Council.
GROUP CARE HOME/ASSISTED LIVING FACILITY.
(1) A residential facility established for the purpose of providing, on a long-term basis and for monetary compensation, room and board for three 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.
(2) 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. 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. A location, site, building, facility, corridor, system or use of property that has historical significance recognized as such by the city’s Historical Society, or a facility or museum dedicated to the housing and display of history, relics and antiques.
HOME OCCUPATION TYPE 1. 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; and
(4) Such activity does not cause or encourage excessive vehicular or pedestrian traffic not ordinarily associated with the surrounding area.
HOME OCCUPATION TYPE 2. 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; and
(3) Signage or outdoor storage is provided.
INTERNATIONAL BUILDING CODE. The building code officially adopted by the city.
LARGE SCALE CONTRACTOR. 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. 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. A road intended to provide access to other roads from individual properties.
LOGO. 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 trade name, whether registered or not.
LOT. A platted parcel of land which is or may be occupied by a building and its accessory buildings.
LOT, CORNER. A lot on which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees. A CORNER LOT shall be deemed to have two front lot lines and two side lot lines.
LOT COVERAGE. The area of a lot that is covered by occupied structures including garages.
LOT, DEPTH. 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. An interior lot which runs through a block from street to street, abutting on two or more streets.
LOT, FRONTAGE. The dimension of a front lot line abutting on a street.
LOT, INTERIOR. A lot other than a corner lot.
LOT, IRREGULAR. A lot having at least two sides not parallel to one another.
LOT LINES. The lines bounding a lot.
LOT LINE, FRONT. 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. 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 feet long and wholly within the lot.
LOT LINE, SIDE. Any boundary line not a front line or rear line.
LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
MAJOR ARTERIAL. A road intended to move through traffic between traffic generators and large areas.
MANUFACTURED HOME. 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;
(2) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing; and
(3) Units designed to be used for residential, commercial, educational or industrial purposes excluding, however, recreational vehicles and travel trailers.
MANUFACTURED HOME PARK. A parcel of land of not less than two acres whereupon manufactured homes are placed.
MANUFACTURED HOME SPACE. A defined plot of ground or lot within a manufactured home park which is designed for and designated as the location for two automobiles and one manufactured home and not used for any other purposes whatsoever other than customary accessory uses.
MINOR ARTERIAL. 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.
(1) Consists of finished units composed of two or more components designed to be joined into one 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.
(2) To be classed as a MODULAR HOME, the completed unit must meet with the specifications of the following:
(a) The International Building Code, as adopted;
(b) The National Electric Code, as adopted;
(c) The Uniform Plumbing Code, as adopted; and
(d) The International Mechanical Code, as adopted.
NONCONFORMING USE. A structure or use of land existing at the time of enactment of this chapter which does not conform to the regulations of the district in which it is located.
OFFICE. 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. The total area of all land on a lot not covered by structures or parking lots.
OUTDOOR SALES. The outdoor display and marketing of a limited supply of products and services to the public.
OUTDOOR STORAGE. 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. 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. Parking space(s) located behind the curbline of a public street, within a garage or carport or outside the maintained driving surface of a public street.
PARKING, ON-SITE. A hard surfaced parking area of not less than 171 square feet per parking space located wholly within the boundaries of the lot on which it is constructed.
PERSONAL SERVICES. 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. The City Planning Commission.
PROPERTY LINE. The boundary of a parcel of land.
PUBLIC USES. 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. Includes the following types of vehicles.
(1) ENCLOSED CARGO TRAILER. A non-motorized vehicle with sides and a roof that can be towed by a motorized vehicle.
(2) FIFTH WHEEL CAMPER. 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.
(3) MOTOR HOME. 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.
(4) OPEN TRAILER. A non-motorized vehicle with or without side walls and without a roof that can be towed by a motorized vehicle.
(5) POP-UP CAMPER. 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.
(6) TRAVEL TRAILER. A non-motorized vehicle used for recreational temporary dwelling purposes that can be towed by a motor vehicle.
RETAIL TYPE 1. 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. Establishments engaged in selling products, goods, services or merchandise, and where primary inventory is displayed outdoors.
ROOMING HOUSE. A building, other than a boarding house, where lodging only is provided for compensation to three or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as a hotel under the terms of this chapter.
SCREENED/SCREENING. Enclosed by and hidden from view of the adjacent properties by a natural or human-made feature. Examples of SCREENING include solid walls, solid fences and hedges with year-round foliage.
SEMI-TRACTOR TRUCK. 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. 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. A building setback where at least 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. 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 § 156.061. The front SETBACK LINE is parallel to or concentric with the street right-of-way.
SIGN, ACCESSORY. A sign customarily incidental, appropriate and subordinate to the principal use of land and buildings and located on the same lot. An on-premises sign.
SIGN, ADVERTISING. A sign which directs an attention to a use, commodity or service not related to the property on which it is located. An off-premises sign.
SIGN, DIRECTIONAL. An on-premises accessory sign for the purpose of directing the flow of traffic on a specific lot or lots.
SIGN, MONUMENT. A freestanding ground sign, supported wholly by a base structure and containing one or more accessory signs of individual businesses on the property; as distinguished from a pole sign.
SIGN OR OTHER ADVERTISING DEVICE. 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. A sign permanently affixed to a building or structure.
SIGN, POLE. 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 50% open to the passage of light and air.
SIGN, PORTABLE. A sign structure which can be moved from location to location.
SIGN, ROOF. Any sign erected or constructed wholly upon the roof of any building.
SMALL SCALE CONTRACTOR. 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. 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.
SIGN, TEMPORARY. 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. Any sign painted on or attached to and erected parallel to the face of the outside wall of any building which displays only one advertising surface.
SOLAR ENERGY. Radiant light and heat from the sun that is harnessed using technologies such as solar photovoltaics.
SOLAR PANEL. A device containing photovoltaic cells that absorbs or collects sunlight.
SOLAR PANEL FOOTPRINT. 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. 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. 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. The 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 the International Building Code, as adopted).
STREET FRONTAGE. All the property on one side of a street between two 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 side between an intersecting street and the dead end of the street.
STREET, INTERSECTING. Any street which joins another street at an angle, whether or not it crosses the other.
STREET LINE. The legal line between street right-of-way and abutting property.
STRUCTURE. A combination of materials to form a construction that is safe and stable.
STUDIO/EFFICIENCY APARTMENT. A dwelling unit which the normal functions of several rooms, excluding the bathroom, are combined into only a single room.
TEMPORARY SHELTER. 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. One of a group of two or more attached single-family dwelling units built on one 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. 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. 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. Establishments engaged in providing goods, products and commodities to other businesses.
ZONING ADMINISTRATOR. The official designated by the City Council to administer this chapter.
(Prior Code, App. A, Art. II) (Ord. 969, passed 8-18-2003; Ord. 999, passed 2-7-2005; Ord. 1018, passed 9-6-2005; Ord. 1129, passed 1-3-2011; Ord. 1137, passed 7-5-2011; Ord. 1195, passed 7-7-2014; Ord. 1223, passed 12-21-2015; Ord. 1275, passed 4-2-2018; Ord. 1284, passed 8-20-2018; Ord. 1300, passed 5-20-2019; Ord. 1301, passed 6-3-2019; Ord. 1335, passed 10-19-2020; Ord. 1354, passed 10-18-2021; Ord. 1368, passed 6-20-2022)
Statutory reference:
Definitions generally, see SDCL § 1-2