For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE or STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental, and subordinate to, the principal use or structure.
ALLEY. A thoroughfare generally 16 feet in width, and generally less than 22 feet in width, unless otherwise designated by ordinance. It is an area or lane platted as a thoroughfare through the center of a block.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
CAMPGROUND. An area used for a range of overnight camping experiences, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices, laundry facilities, but not including the use of mobile homes or trailers on a permanent year-round basis.
CAMP SITE. A camping establishment that is occupied on a temporary basis only, by a trailer, motorized mobile home, truck camper, camper or tent, but not a mobile home.
CANNABIS OR MARIJUANA. All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing, and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-p tetrahydrocannabinol concentration of not more than three-tenths of 1% on a dry weight basis.
(1) CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G- 1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
(2) CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
(3) CANNABIS ESTABLISHMENT. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
(4) CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
(5) CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
(6) CANNABIS TESTING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
DWELLING, FOUR-FAMILY. A building having accommodations for, and occupied exclusively by, four families.
DWELLING, MANUFACTURED HOME. A moveable or portable dwelling which is eight feet or more in width and 32 feet or more in length, constructed on a chassis, and which is designed to be towed, designed for year-round occupancy, primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units, separately transportable, but designed to be joined together into one integral unit. MANUFACTURED HOMES are built according to the Federal Manufactured Housing, Construction, and Safety Standards Act of 1974, revised 1999 and being 42 U.S.C. §§ 5401 et seq., and/or current standards. MANUFACTURED HOMES are not mobile homes.
(1) The age of the MANUFACTURED HOME may not exceed ten years from the date of manufacture.
(2) The MANUFACTURED HOME must meet or exceed the standards in effect on the date of its creation, as found in 24 C.F.R. Part 3280.
(3) The following shall not be included in this definition:
(a) Travel trailer, pickup coaches, motor homes, camping trailers, or other recreational vehicles; and
(b) Modular housing which is designed to be set on a permanent foundation and which uses standard sheathing, roofing, siding, and electrical, plumbing, and heating systems.
DWELLING, MOBILE HOME. A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing, Construction, and Safety Standards Act of 1974, revised 1999, and/or current standards.
(1) The age of the mobile home may not exceed ten years from the date of manufacture.
(2) The mobile home must meet or exceed the standards in effect on the date of its creation as found in 24 C.F.R. § 3280.
DWELLING, MODULAR HOME. A structure or building module that is manufactured at a location other than the site upon which it is installed and used as a residence, transportable in one or more sections on a temporary chassis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. This definition includes the plumbing, heating, air conditioning, and electrical systems contained within the structure.
DWELLING, MULTIPLE FAMILY. A residential building designed for, or occupied by, five or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit, other than a mobile home, designed for, and occupied by, one family only.
DWELLING, THREE-FAMILY. A building having accommodations for, and occupied exclusively by, three families.
DWELLING, TWO-FAMILY. A building having accommodations for, and occupied exclusively by, two families.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwellings units which may be in the same structure, and containing independent cooking and sleeping facilities.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
FARMSTEAD. An area of 20 acres or more on which is located at least one dwelling unit and on which farm products of a value of $1,000 or more are normally produced each year.
HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that:
(1) No person other than members of the family residing on the premises shall be engaged in such occupation;
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the HOME OCCUPATION;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square-foot in area, non-illuminated, and mounted flat against the wall of the principal building;
(4) No HOME OCCUPATION shall be conducted in an accessory building;
(5) There shall be no sales in connection with such HOME OCCUPATION;
(6) No traffic shall be generated by such HOME OCCUPATION in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such HOME OCCUPATION shall be net off the street and other than in a required front yard; and
(7) No equipment or process shall be used in such HOME OCCUPATION which created noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the LOT, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and fronting upon a street.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards in this section.
LOT MEASUREMENTS.
(1) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front, and the rearmost points of the side lot lines in the rear.
(2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
PERSON. A firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
SANITARY LANDFILL. An operation in which garbage or refuse is deposited by a plan on a specified portion of land, is compacted by force applied by mechanical equipment, and then is covered by compacted suitable covering material to a depth of at least six inches over individual cells of garbage or refuse, and to a depth of at least 24 inches over the finished landfill. The site is closed at the end of each day.
SHALL. Mandatory.
SIGN. Any outdoor advertising having a permanent location on the ground, or attached to or painted on a building including bulletin boards, billboards, and poster boards.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.
STREET. A thoroughfare or lane platted for vehicular traffic, generally wider than an alley, and generally including the sidewalk abutting non-street property.
STREET LINE. The right-of-way line of a street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, fences, billboards, and poster panels.
TRAVEL TRAILER. A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.
USED or OCCUPIED. Includes the words intended, designated, or arranged to be used or occupied.
VARIANCE. Relief from, or variation of, the provisions of these regulations, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of the Board of Adjustment.
YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard the minimum horizontal distance between the lot line and the main.
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, REAR. A yard across the full width of the lot between the back line of the main building and the back line of the lot.
YARD, SIDE. A yard between the main building and the adjacent side line of the lot, and extending entirely from a front yard to the rear yard.
(Prior Code, § 3.1701)
(Ord. 451, passed 9-11-2000; Ord. 602, passed 10-7-2019; Ord. 607, passed 11-15-2021)