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(A) For the purpose of this chapter and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word “person” includes a firm, partnership, or corporation as well as an individual; the word “lot” includes the word “plot” or “parcel”; the word “building” includes the word “structure”; the term “shall” is always mandatory and not directory; and the word “may” is permissive. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
(B) The following words, terms, and phrases are defined and shall be interpreted as such throughout this chapter. Terms not herein defined shall have the meaning customarily assigned to them.
(C) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABUT. To share any portion of a lot line, including a single point.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building or buildings located on the same lot therewith. Radio and television antenna towers, and permanent satellite dish antennas and the appurtenant mounting apparatus, excluding guy anchor points, shall be considered an ACCESSORY BUILDING for the purpose of determining setback requirements established in each zoning district.
ACCESSORY BUILDING, PORTABLE. See PORTABLE ACCESSORY BUILDING.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use of land and/or buildings located on the same lot.
(a) 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.
(b) In the case of adjoining lots under common ownership, an ACCESSORY USE shall only be constructed on the same lot(s) as the primary use.
ADJACENT. Parcels with no private lots between them (can be shared by public right-of-way).
ADJOIN. To share any portion of a lot line, including a single point.
ADVERTISING. This includes any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used, or intended for ADVERTISING, whether placed on the ground, rocks, trees, tree stumps, or other natural structures, or on a building, structure, milestone, signboard, billboard, wallboard, roof board, frame, support, fence, or other human-made structure, and any such ADVERTISING is a structure within the meaning of the word “structure” as used in this chapter.
ADVERTISING SIGN OR STRUCTURE. See SIGN.
AGRICULTURE. The production, keeping, or maintenance for sale, lease, or personal use, of plants and animals useful to humans, including, but not limited to: forages; sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to soil conservation or forestry management programs. This definition shall not include intensive agricultural activities such as feed lot operations, chicken farms, and agribusiness activities.
ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.
ALTERATIONS. As applied to a building or structure, this term means a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMUSEMENT AND RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls, and the like.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
AREA, BUILDING. The square footage of the footprint of the principal building and all accessory buildings exclusive of non enclosed porches, terraces, steps, and decks.
ART CENTERS. This includes galleries, accessory museum space, classroom and studio space, the manufacturing of sculptures and other artwork as an accessory use to the gallery space, accessory gift shop, and other accessory uses.
ASSISTED LIVING FACILITY/GROUP CARE HOME. A residential facility licensed by the state that is 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 person; provided, however, that missions, detoxification centers, and detention and residential inpatient treatment facilities shall not be construed to fall under the definition of GROUP CARE HOMES, whether licensed or not.
AUTOMOBILE WRECKING. The dismantling, storage, sale, or dumping of used motor vehicles, trailers, or parts thereof.
AVERAGE GROUND ELEVATION. The elevation of the mean finished ground surface at the front wall of a structure.
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. (See 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.
BILLBOARD. See SIGN.
BOARD. The Board of Zoning Adjustment for the city.
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.
BUILDABLE AREA OF A LOT. The portion of a lot bounded by the required rear and side yards and the building setback line.
BUILDING. Any enclosed structure intended for shelter, housing, or enclosure of persons, animals, or chattels.
BUILDING, ACCESSORY. See ACCESSORY BUILDING.
BUILDING, MAIN OR PRINCIPAL. A building or buildings in which is conducted the principal use or uses of the lot. In any commercial or industrial district, more than one principal building for an industrial or commercial use may be permitted on a single lot, provided setback, yard, and lot coverage requirements are met. In any residential district, any single-family, two-family, or multiple dwelling shall be deemed to be the sole PRINCIPAL BUILDING on the lot on which it is situated.
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.
BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in § 155.038, § 155.058, § 155.078, § 155.098, § 155.118, § 155.138, § 155.158, and § 155.178. The BUILDING SETBACK LINE is parallel to or concentric with the street right-of-way.
BUILDING SITE. A single parcel of land occupied or intended to be occupied by a building or structure.
BUSINESS SERVICES. Any activities which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in a home or business.
CELLAR. The portion of a building between the floor and ceiling which is wholly or partly below grade (adjoining ground elevation) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See STORY.)
CLINIC. See MEDICAL FACILITY.
CLUB, PRIVATE. An organization catering exclusively to members and their guests, or premises and buildings for recreational, fraternal, or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising, or commercial activities are conducted only as required generally for the membership of such CLUB, organized formerly by either incorporation or association of a national or state organization.
CNG. Compressed natural gas.
CONDITIONAL USE PERMIT. The permitting of a use of land and/or structures not otherwise permitted by right in the zoning district. Said PERMIT shall be issued by the city stating that the conditional use complies with the conditions and standards set forth in this chapter and authorized by the city.
COMMUNITY CORRECTIONS FACILITY. A 24-hour-per-day minimum security detention facility for county, state, or federal inmates on release from a more restrictive detention facility or offenders initially placed by a court in lieu of a more restrictive detention facility where supervision as well as employment, education, and rehabilitation assistance are provided. The FACILITY may be either a single structure or a grouping of structures on a single site.
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.
CONTIGUOUS. Sharing any portion of a lot line, including a single point.
CONVENTION HOTEL. Any facility which provides a variety of services designed predominately to serve the needs of the convention business. The facility shall be permitted to have 100 square feet of floor space for associated related uses for every 100 square feet of room space. A CONVENTION HOTEL shall have a minimum of 150 rooms and shall provide such facilities as restaurants, lounges, meeting rooms, and similar related retail uses. A minimum of 20% of the rooms shall be business suites.
COUNTRY CLUB. A chartered, membership club, with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golfing, riding, outdoor recreation, clubhouse, locker room, and pro shop.
COVERAGE. The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.
DAY CARE. The providing of care and supervision of children/adults as a supplement to regular parental/home 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. A facility used for providing adult or child day care not located in a home and is limited in number by the square footage of useable space available. The ratio is 35 square feet per person indoors and 50 square feet per person outdoors.
DAY CARE, HOME. Care is provided in a dwelling and the number of persons cared for is limited to a maximum of six adults or six children under the age of 14 years. Included in the number of children are the provider’s own children six years and under. The dwelling shall be used as the principal use and the day care use shall be accessory.
DAY CARE, FAMILY. Care is provided in a dwelling. The number of persons cared for is seven to 12 adults or children under the age of 14 years including the provider’s own children six years and under. The dwelling shall be used as the principal use and the day care use shall be accessory.
DEVELOPMENTAL LOT. A plot plan of one or more lots when signed by the Planning and Zoning Board or its designee. A DEVELOPMENTAL LOT can only be so designated where the lots are under one ownership, as per ownership of record files. Only one residential building and its accessory buildings shall be placed on any DEVELOPMENTAL LOT. In any commercial or industrial district, more than one principal building for an industrial or commercial use may be permitted on a DEVELOPMENTAL LOT provided setback, yard, and lot coverage requirements are met.
DISTRICT. Any section or sections of the city for which the regulations governing use of the land and use, density, bulk, height, and coverage of buildings and other structures are uniform.
DORMITORY. A building containing sleeping rooms for either transient or permanent occupancy.
DRIVE-IN COMMERCIAL USES. Any retail commercial use providing off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.
DRIVE-IN RESTAURANTS. Any establishment in which patrons, while remaining in their cars, are served food, beverages, or refreshments for consumption on or off the premises.
DUMP. A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discharged machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING. A building or portion thereof, exclusive of manufactured homes as herein defined, used for residential purposes. (See DWELLING UNIT.)
DWELLING, MULTIPLE. A detached building designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or resort-type hotels.
DWELLING, SINGLE-FAMILY. A detached building designed to be occupied exclusively by one family.
DWELLING, TOWNHOUSE. One of a group of two or more attached single-family dwelling units built on one or more common lot lines. There shall be no overlapping of TOWNHOUSE STRUCTURES with the exception of roof overhangs. Each TOWNHOUSE shall be located on an individually platted lot which may contain open space in addition to the area upon which the dwelling is constructed. The owner of the TOWNHOUSE may also participate in the ownership of common property within a townhouse development.
DWELLING, TWO-FAMILY. A detached building designed to be occupied by two families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or resort-type hotels.
DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the DWELLING UNIT for the exclusive use of a single family maintaining a household.
EQUAL DEGREE OF ENCROACHMENT. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.
FAMILY. One or more persons related by blood, marriage, or adoption, or a group not to exceed five persons (excluding servants) none of whom are related by blood or marriage, occupying the premises, and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A FAMILY shall be deemed to include domestic servants employed by the FAMILY.
FARMER’S MARKET. The offering for sale of fresh agricultural products directly to the consumer at an open air market designated by the council as a community activity.
(a) Any restaurant in which food is served to patrons in disposable containers.
(b) DISPOSABLE CONTAINERS shall be defined as but not limited to those containers made of paper, plastic, or styrofoam, and which are intended to be discarded after use.
FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure located on the boundary lines or within the required yard.
FLOOD. A temporary rise in stream level that results in inundation of area not ordinarily covered by water.
FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
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 building or structure.
FOOD PROCESSING. The preparation of food products for retail sale on the premises.
FRATERNITY OR SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.
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.
GARAGE, ATTACHED. There must be no less than six feet of common wall between the house and garage, or a common roof carried over both the primary structure and the auxiliary building.
GARAGE, PRIVATE. An accessory building or part of a main building used primarily for storage and which shall not be used for commercial purposes. The maximum cumulative allowable size of all garages or carports shall be 1,500 square feet or 30% of the size of the gross floor area of the dwelling unit(s), whichever is greater. In no event shall the size of the building footprint of the garage(s) or carport(s) exceed the footprint of the dwelling unit(s). The garage(s) or carport(s) shall be used only by persons residing on the premises.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting, or equipping of automobiles or other motor vehicles.
GARAGE, REPAIR. A building in which are provided facilities for the care, servicing, repair, or equipping of motor vehicles.
GARDEN CENTERS. A retail and/or wholesale establishment consisting of one or more of the following uses: greenhouses, tree or plant nurseries, and landscaping sales and service.
GASOLINE SERVICE OR FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline, butane, or propane, oil fuels, or other automobile accessories and for servicing motor vehicles, but not including painting.
GRADE, ADJACENT GROUND ELEVATION. The lowest part of elevation of the finished surface of the ground surface, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
GRADE, ESTABLISHED. The elevation of the centerline of the streets as officially established by the city authorities.
GRADE, FINISHED. The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
GROUP HOME. An activity providing personal assistance to six or more individuals unrelated by blood or marriage who, by reason of mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems, require specialized attention and care in order to achieve personal independence. Such assistance must include board and room, and may include counseling, rehabilitative services and other incidental services customarily provided by GROUP HOMES. This shall not include missions, detoxification centers, or detention centers.
HEALTH DEPARTMENT. The County Health Department or State Health Department.
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.
HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementos of such event or period are housed and preserved and that have been officially designated by the city, state, or federal government.
HOME OCCUPATION. Any activity conducted for financial gain by the occupants of any dwelling unit which is located within a residential zoned district.
HOSPITAL. See MEDICAL FACILITIES.
HOTEL, MOTEL, MOTOR COURT, MOTOR LODGE, or TOURIST COURT. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of transient guest.
HOUSE TRAILER. See MANUFACTURED HOME.
HOUSE TRAILER PARK. See MANUFACTURED HOME PARK.
HIGH-TECH INDUSTRIAL PRODUCTION FACILITY. A facility predominantly utilizing computerized or robotic production techniques with limited labor requirements, including, but not limited to, computerized printing processes, robotic parts manufacturing, and the like.
INTERNATIONAL BUILDING CODES. The International Building Codes as officially adopted by the city in Chapter 152.
JUNKYARD or SALVAGE YARD. A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storing, and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.
KENNEL. Any lot or premises or portion thereof where four or more dogs, cats, rabbits or other household/domesticated animals, six months of age or older, are maintained, boarded, bred, or cared for, in return for any compensation, or are kept for the purpose of sale. A retail store meeting the definition of “pet store” as contained in the definition for “pet store” below is not a KENNEL for purposes of zoning.
LEGAL NONCONFORMING USE. A building, structure, or use of land existing at the time of enactment of this title not legally conforming to the regulations of the district in which it is situated.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of a truck.
LOT. A platted parcel of land which is or may be occupied by a building and its accessory buildings.
LOT, AREA. The total horizontal area included within lot lines.
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, DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT, DOUBLE-FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.
LOT, FRONTAGE. The dimension of a lot or portion of a lot abutting on a street.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE, FRONT. In the case of an interior lot, the line separating the lot from the street. In the case of a corner or double-frontage lot, the line separating the lot from that street which is designated as the front street in the request for building permit.
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 LINES. The lines bounding a lot as defined herein.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
(a) 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.
(b) 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 or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
(c) 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. Any area, tract, or site or plot of land not less than ten acres whereupon “manufactured homes” as herein defined are placed, located, or maintained, or intended to be placed, located, or maintained, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.
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.
MEDICAL FACILITIES. This term includes:
(a) CONVALESCENT, REST, OR NURSING HOME. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation;
(b) DENTAL CLINIC or MEDICAL CLINIC. A facility for the examination and treatment of ill and afflicted human outpatients, provided, however, that patients are not kept overnight except under emergency conditions;
(c) DENTAL OFFICE or DOCTORS’ OFFICES. The same thing as dental or medical clinic;
(d) FUNERAL HOME. An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of bodies, and for funerals;
(e) HOSPITAL. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities;
(f) PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for the provision of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith; and
(g) SANATORIUMS. An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
MICRO CELL CELLULAR COMMUNICATIONS FACILITIES. Cellular communications facilities providing communications coverage to a geographically limited and specifically defined area (e.g., a topographically constrained area due to natural or urban built environment). Such facilities are integrated with standard cellular technology (i.e., a macro cell) to provide wireless communication services to the public. The installation of such FACILITIES shall be allowed on the top of existing buildings as a permitted use in certain zoning districts if all of the following criteria are met (otherwise a use on review permit shall be required):
(a) No new antenna tower is erected (and the micro cell facility is located on buildings in compliance with this definition);
(b) No antenna shall be located within 30 inches of any space occupied by or available to the public;
(c) No antenna shall exceed six square feet in area;
(d) The equipment shelter associated with a micro cell site may not exceed 100 square feet in floor area;
(e) The antenna may be mounted on a roof only if the height of the antenna at the highest point does not exceed the horizontal distance from the antenna to the nearest edge of the rooftop;
(f) Facade mounted antenna may not exceed five feet above the facade to which it is attached with a maximum projection of 18 inches;
(g) Facade mounted antenna and supporting electrical and mechanical equipment must be the same color as the supporting structure so as to make the antenna and related equipment as unobtrusive as possible;
(h) Any micro cell facilities and related structures shall be situated in such a way that no interference with firefighting apparatus or emergency access or exits shall result;
(i) No more than two micro cell antennas and related accessory structures shall be located on any single building rooftop; and
(j) All necessary plans, specifications, and structural calculations shall be submitted to the Building Official and if necessary, a building permit application shall be approved prior to the construction of the micro cell facility.
MINIMUM FLOOR ELEVATION. The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.
MISSIONS. An activity providing personal assistance on a nonprofit basis to individuals of an indigent status. Such assistance must include food and/or shelter and may, in addition, include religious instruction, counseling, and other incidental services customarily provided by MISSIONS.
MODULAR HOME. This 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. To be classed as a MODULAR HOME, the completed unit must meet with the specifications of the following:
(a) Building Code, as adopted;
(b) Electric Code, as adopted;
(c) Plumbing Code, as adopted;
(d) Mechanical Code, as adopted.
NONCONFORMING USE. A structure or use of land existing at the time of enactment of the ordinance codified herein which does not conform to the regulations of the district in which it is located.
NOXIOUS MATTER. Material (in gaseous, liquid, solid, particulate, or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic, or psychological well-being of individuals.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, increase, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
ON-SALE LIQUOR ESTABLISHMENT. Any use which has been licensed to sell malt beverages, wine, or other alcoholic beverages for consumption upon the premises where sold, except for temporary on-sale license for convention hall and a special malt beverage retailers license.
OPEN SPACE. The total area of all land on a lot not covered by structures or parking lots.
PARKING LOT. An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six automobiles.
PARKING SPACE/OFF-STREET. A hard surfaced parking area of not less than 171 square feet per parking space located behind the curb line of a public street, within a garage or carport, or outside the maintained driving surface of a public street.
PENTHOUSE. An enclosed structure other than a roof structure, located on a roof, extending not more than 12 feet above the roof.
PET STORE. A retail facility providing for the sale of animals and accessory products. A PET STORE does not include the boarding or breeding of animals for compensation.
PLANNED DEVELOPMENT. A procedure set forth in this chapter which allows for some deviation from the conventional zoning and subdivision ordinances. Each PLANNED DEVELOPMENT shall have a set of development standards and all approved PLANNED DEVELOPMENTS shall be in keeping with the city’s Comprehensive Plan. PLANNED DEVELOPMENTS are regulated by §§ 155.155 through 155.162.
PLANNING AND ZONING BOARD. The Planning Commission for the city which is delegated authority by SDCL Ch. 11-6 and the Board of Commissioners to review proposals for land use and building projects, zoning allocations, and revisions and make recommendations to the Board of Commissioners for approval/disapproval or adoption, respectively.
PLAT. A map, plan, or layout indicating the location and boundaries of individual properties drawn in compliance to state’s requirements.
PORTABLE ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building or buildings located on the same lot therewith and which can be moved on skids or by some other means. The building must be 120 square feet or less and have no footing or foundation to be considered a PORTABLE ACCESSORY BUILDING.
PRINCIPAL USE. The specific primary purposes for which the land or buildings are used. In any commercial or industrial district, more than one PRINCIPAL USE of an industrial or commercial nature may be permitted on a single lot provided setback, yard, and lot coverage requirements are met. In any residential district, any single-family, two-family, or multiple dwelling shall be deemed to be the sole PRINCIPAL USE on the lot on which it is situated.
PUBLIC USES. Public parks, schools, and administrative, cultural, and service buildings not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board duly authorized to furnish and furnishing under state or municipal regulations, to the public, electricity, gas, steam, communication, telegraph, transportation, or water.
QUARRY. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or top soil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
REACH. A hydraulic engineering term to describe a segment of a stream or river that generally contains a specified feature that is either uniform throughout or requires special attention or study. A REACH will generally include the segment of the floodway area where flood heights are influenced by a human-made or natural obstruction (e.g., a segment of a stream or river between consecutive bridge crossings). A “significant reach” may include more than one normal REACH based upon the extent of the proposed change.
RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses, and other private noncommercial recreation areas and facilities, or recreation centers including private swimming pools.
RECYCLABLES, HOUSEHOLD. Waste material from normal household operations accepted at recycling centers including, but not limited to, glass, plastic, aluminum, tin, newspaper, cardboard, lawn clippings, leaves, and tree branches.
REGULATORY FLOOD. A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.
REGULATORY FLOOD PROTECTION ELEVATION. The elevation to which uses regulated by this title are required to be elevated or flood-proofed.
REQUIRED SETBACK. A distance necessary to obtain the minimum front, side, and rear yards required in this chapter.
ROOMING HOUSE. 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.
SANATORIUM. See MEDICAL FACILITY.
SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the Department of Environment and Natural Resources.
SCHOOL, PRIVATE. An institution of learning that is not tax supported, including colleges and universities.
SCHOOL, PUBLIC. A tax-supported institution of learning, including colleges and universities.
SELF-SERVICE LAUNDRY. A laundry providing home-type washing, drying, and ironing machines for hire to be used primarily by the customers on the premises.
SOD FARMS. An establishment engaged in the growing of turf grass for ultimate harvesting and sale.
SORORITY. See FRATERNITY.
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 Building Code as adopted).
STORY, HALF. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above such story (per Building Code as adopted).
STREAM. An area subject to constant, periodic, or occasional inundation.
STREET. A public or private thoroughfare which affords the principal means of access to abutting property.
STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the STREET GRADE.
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 and includes, but is not limited to, the following: stadiums, platforms, radio and television antenna towers, permanent satellite dish antennas, and the appurtenant mounting apparatus, sheds, storage bins, fences, and display signs.
TAX INCREMENTAL FINANCIAL DISTRICT. As defined by state law.
TEMPORARY TRAILER PARKS OR CAMPGROUNDS. A tract of land within any non- residential or general agricultural district whereupon travel or camping trailer, as defined under “trailer, travel or camping,” or any tent, a temporary use permit may be issued for a period not to exceed 30 days.
THEATER, MOVING PICTURE. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
TOURIST CABIN. See HOTEL/MOTEL.
TOURIST COURT. See HOTEL/MOTEL.
TOURIST HOME. A dwelling in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.
TRAILER. See MANUFACTURED HOME.
TRAILER COURT. See MANUFACTURED HOME COURT.
TRAILER, HAULING. A vehicle which is designed for hauling animals, produce, goods, or commodities, including boats, said vehicle to be pulled behind an automobile or truck.
TRAILER, TRAVEL OR CAMPING. A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.
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.
UTILITIES. Municipal and franchised utilities.
UTILITY FACILITY, NEIGHBORHOOD. 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 necessary for conducting a service by a government or a public utility excluding yards and outdoor facilities that do not exceed 150 square feet of area.
UTILITY FACILITIES, PUBLIC. See UTILITY FACILITIES, NEIGHBORHOOD. The definition is the same as the neighborhood except that yards and outdoor facilities that exceed 150 square feet of area are allowable.
VARIANCE. An officially approved exception to the strict interpretation of this chapter’s requirements and regulations as set forth. An approved VARIANCE is a vested property right that runs with the land.
VEHICLE, INOPERABLE. A vehicle which has one or more major components missing or severely damaged for a period of 24 hours or more. Major components include: wheels, windshields, engine, transmission, and major body parts, such as the doors, hood, trunk, roof, and quarter panels.
WALKWAY. A hard surface path or area for pedestrians to include sidewalks with a minimum width of 48 inches.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
WIND ENERGY CONVERSION SYSTEM (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires, and accessory equipment such as utility interconnections, battery banks, and the like in such a configuration as necessary to convert the power of wind into mechanical or electrical energy. WECS are also known as wind chargers, windmills, or wind turbines.
YARD. An open space between a building and the lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter, that building or structure may be located in a portion of a YARD required for a main building. In measuring a YARD for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. An open unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
YARD, REAR. An open (other than for permitted accessory structures) space on the same lot with the principal building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
ZONING DISTRICT. See DISTRICT.
(Ord. passed 2-3-2011, Ch. 2.04; Ord. passed 2-16-2017)