(A) Purpose. In the application of this chapter, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
(1) Words used in the present tense shall include the past and future.
(2) Words used in the singular number shall include the plural number and the plural, the singular.
(3) The word “shall” is mandatory and not discretionary.
(4) The word “may” is permissive.
(5) The words “used” or “occupied” shall include the words “intended,” “designed,” or “arranged to be used or occupied.”
(6) The word “lot” shall include the words “plot,” “parcel,” or “tract.”
(7) The word “person” shall include a “firm,” “association,” “organization,” “partnership,” “trust,” “company,” or “corporation” as well as an “individual.”
(8) The word “building”shall include the words “structure” and “premises.”
(9) Any word not herein defined shall be as defined in any recognized standard English dictionary.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Adjacent or contiguous and shall include property separated by an alley. The term ABUTTING implies a closer proximity than the term “adjacent.”
ACCESSORY BUILDING OR USE . An accessory building or use is one which:
(1) Is customary and clearly incidental to the principal use;
(2) Serves exclusively the principal use;
(3) Is subordinate in area, extent or purpose to the principal use served;
(4) Contributes to the comfort, convenience, or necessity of occupants of the principal use served; and
(5) Is located on the same zoning lot as the principal use served.
ACTIVITY. Any application for a permit under this chapter or any development or use encompassed within the jurisdiction of this chapter.
ADULT ARCADE. Any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.
ADULT BOOKSTORE OR VIDEO STORE. A commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:
(1) Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides, or other visual representations that depict or describe specific sexual activities or specific anatomical areas.
(2) Instruments, devices, or paraphernalia that: are designed for use in connection with specific sexual activities.
ADULT CABARET. Any nightclub, bar, restaurant, or other similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity.
(2) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
(3) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
ADULT DAY SERVICES. A facility that provides structure activities, care and supervision outside of the home for part of the day. Such services can be co-located within a senior center, nursing facility, assisted living, hospital, church, day care center, or by a stand-alone program.
ADULT MOTION PICTURE THEATER. A commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides, or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.
ADULT ORIENTED BUSINESS. Any adult arcade, adult bookstore or video store, cabaret, adult live entertainment establishment, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios.
ADULT SERVICE. Dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
AGRIBUSINESS. Farming business operation, consisting of 40-acres or more, and/or an agricultural related business embracing production, processing, and distribution of agriculture products; and/or the manufacture of farm machinery, equipment, and supplies; and/or entities engaged in the breeding, producing or marketing of fish or their products.
AGRICULTURE. The production, keeping, or maintenance, for sale, lease or personal use, of plants and land useful to man, including but not limited to: forages sod crops; grains and seed crops; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALLEY. An alley is a public right-of-way, which affords only a secondary means of access to abutting property.
ANTENNA. Any device that radiates or captures electromagnetic wave signals, including digital voice and data signals, analog voice and data signals, video signals or microwave signals, and is mounted on a structure that allows freedom from obstruction for the radiation and capture of the electromagnetic signals.
AQUIFER. A geologic formation, group of formations, or part of a formation capable of yielding, storing, or transmitting a usable amount of groundwater to wells or springs for domestic or animal use.
ARCADE. A building or structure, open to the public, which contains coin-operated games and similar entertainment and amusement devices, as the primary use or with 5 or more games as an accessory use.
ASSISTED-LIVING CENTER AND CONGREGATE CARE FACILITY. A licensed health care facility to provide 24-hour supervision of the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may also provide services, such as recreational activities, financial services, and transportation.
AUTOMOBILE STORAGE YARD. The storage of vehicles, which are impounded, and licensed, in an unroofed area. The vehicles may be stored for a total of 3 months out of the year.
AWNING/CANOPY. A roof-like cover that is temporary in nature and projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BED AND BREAKFAST ESTABLISHMENT. A private single-family residence, which is used to provide limited meals and temporary accommodations for a charge to the public.
BOARD OF ADJUSTMENT. Public and quasi-judicial agency charged with duty to hear and determine zoning appeals.
BOARDINGHOUSE (or LODGING HOUSE, ROOMING HOUSE). A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for 10 or less persons. See BED AND BREAKFAST ESTABLISHMENT.
BREWPUB. A restaurant or drinking establishment that includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, yeast, and other ingredients into a malt beverage by mashing, cooking, and fermenting.
BROADCAST TOWER. A structure, not including offices or studio, for the transmission of radio or television broadcast communications.
BUILDABLE AREA. The 3-dimensional space within which a building is permitted to be built on a lot and which is defined by maximum height regulations and yard setback regulations.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is constructed or erected on the ground or attached to the ground with a fixed location on the ground.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING, HEIGHT. The vertical distance measured from the average ground elevation of the proposed finished grade at the front of the building 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.
BUILDING LINE. A line parallel to the curb line touching that part of a building or parking lot closest to the street. The line may be at the setback line or further.
BUILDING PERMIT. A document signed by the Zoning Administrator as a condition precedent to the commencement of a use or the erection, construction, re-construction, restoration, alteration, conversion, or installation of a building, which acknowledges that such use, or building complies with the provisions of the municipal zoning ordinance or an authorized variance there from.
BUILDING, RESIDENTIAL. A building which is arranged, designed, used or intended to be used for residential occupancy by 1 or more families or lodgers, and which includes, but is not limited to, the following types:
(1) Single-family detached dwellings;
(2) Single-family attached dwellings;
(3) Multiple-family dwellings (including apartment hotels);
(4) Lodging houses; and
(5) Fraternity and sorority houses.
BUS PASSENGER TERMINAL. A place where the transfer of people between modes of transportation takes place.
BUS/TRUCK TERMINAL. An area and building where buses, trucks, and cargo is stored; where loading and unloading is carried on regularly; and where minor maintenance of these types of vehicles is performed.
BUS/TRUCK WASH. Any building or portions thereof used for washing buses and/or trucks.
CAMPGROUND (or TRAVEL TRAILER PARKING AREA). A plot of ground for public use upon which 2 or more campsites are located, established, maintained, advertised, or held out to the public, to be a place where camping units can be located and occupied as temporary living quarters for no more than 3 contiguous months out of a year.
CAR WASH. Any building or portions thereof used for washing automobiles.
CEMETERY. Land use for interment of human or animal remains or cremated remains, including a burial park, a mausoleum, a columbarium, necessary sale and maintenance facilities or a combination thereof. Crematories and mortuaries may also be included when operated within the cemetery boundary and complying with the standards of this chapter.
CERTIFICATE OF OCCUPANCY. A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
CHANGE OF USE. Substitution of one thing for another specifically regarding use of land or use of a building.
CHICKEN COOP. The structure for the keeping or housing of chickens permitted by ordinance.
CHICKEN RUN. A fully enclosed and covered area attached to a chicken coop where the chickens can roam.
CHURCH. A structure(s) where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form of religious belief and which a reasonable person would conclude is a church by reason of design, signs, or architectural or other features.
CITY COUNCIL. The Board of City Councilmembers.
CLINIC. An establishment where patients are admitted for examination and treatment by 1 or more physicians, dentists, psychologists, optometrists, social workers, and the like, and where patients are not lodged overnight.
CLUB. Building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
COMMERCIAL PARKING LOT/FACILITY. An approved open or enclosed off-street parking area or structure where licensed and operable motor vehicles are temporarily stored for a fee.
COMMISSION. The City Planning and Zoning Commission.
COMPREHENSIVE PLAN. The adopted long-range plan intended to guide the growth and development of the community and region, including analysis, recommendations and proposals of the community’s population, economy, housing, transportation, community facilities, and land use.
CONTRACTOR’S SHOP AND STORAGE YARD. Use of land or buildings for storage and preparation of materials used by that same individuals in conducting the business of construction and repair work, generally completed at some other on-site location.
CONTAMINANT. Any “regulated substance,” as defined by SDCL § 34A-12-1(8), as in effect on the date of passage of this chapter and as amended from time to time, and all petroleum products, including gasoline, oil, waste oils, and other fuels as well as their hazardous constituents.
CONVENT AND MONASTERY. A place of residence for bona fide members of a religious order who carry on religious, medical, educational, or charitable work in adjacent institutions.
CREMATORIUM. A building or premise used for the cremation of corpses.
CURB LINE. The outside lines of the pavement or roadway.
DAY CARE. The providing of care and supervision of a child or 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 only for providing day care, nursery, or pre- kindergarten services for 21 or more children on a regular basis for part of a day as a supplement to regular parental care.
DAY CARE, FAMILY. The provision of regular care and supervision of no more than 12 children, including the provider’s own children who are under the age of 6 years, for part of a 24-hour period as a supplement to regular parental care. See HOME OCCUPATION.
DAY CARE, GROUP. A facility where regular supervision of 13 to 20 children is provided for part of a 24-hour period as a supplement to regular parental care.
DENSITY. The number of families, individuals, dwelling units, or housing structures per unit of land.
DEVELOPMENT. The carrying out of any construction, reconstruction, alteration of surface, structure, change or land use or intensity of use, and including but not limited to the deposit of refuse, solid or liquid waste, any mining or drilling operation, or work relating to the creation of a road, street, or parking area.
DISPLAY. The use of any building, land area, or premises, for the exhibit of goods, materials, merchandise, or vehicles for sale to the public.
DISTILLATION OF PRODUCTS. A building or premises used for the purification and concentration of a substance by volatilization or evaporation and subsequent condensation.
DISTRICT. A part, zone, or geographic area of the city within which certain zoning or development regulations apply.
DRIVE-UP SERVICE WINDOW/DEVICE. An establishment which accommodates the patron’s motor vehicles, from which the occupants may obtain or receive a service or obtain a product through a service window or automated device.
DRUG STORE (or PHARMACY). An establishment which prepares and dispenses medicines and sells customary health products.
DWELLING. A building, or portion, thereof, used exclusively for human habitation, including single-family, 2-family, and multiple-family dwellings, but not including hotels, motels, or lodging houses.
DWELLING, MULTIPLE-FAMILY (or APARTMENTS, DUPLEX, 3-PLEX, 4-PLEX, MULTI-FAMILY, CONDOMINIUMS). A building, or portion thereof, containing 2 or more dwelling units that may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.
DWELLING, SINGLE-FAMILY ATTACHED (or TOWNHOUSE, TOWNHOME, TWIN HOME). A single family dwelling owned separately and attached to 2 or more single family dwellings by common vertical walls. Each dwelling shall be in its own lot.
DWELLING, SINGLE-FAMILY DETACHED. A dwelling which is designed for and occupied by not more than 1 family and is surrounded by yards and is not attached to any other dwelling by any means.
DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as a 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.
ELECTRICAL SUBSTATION. A premises that may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main system.
EXERCISE YARD. A larger fenced area that provides space for exercise and foraging for the chickens.
EXISTING ANTENNA SUPPORT STRUCTURE. Any existing structure that supports wireless communications facilities, such as, but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples and light poles.
FAMILY. One or more individuals, related by blood or law, occupying a dwelling unit and living as a single household unit. A FAMILY shall not include more than 4 adults who are unrelated by blood or law. In addition to the persons actually related by blood or law, the following persons shall be considered related by blood or law for the purposes of this title:
(1) A person residing with the family for the purpose of adoption;
(2) Not more than 6 persons under 18 years of age, residing in a foster home licensed or approved by a governmental agency;
(3) Not more than 4 persons 18 years of age or older residing with the family for the purpose of receiving foster care licensed or approved by a governmental agency;
(4) Any persons living with the family at the direction of a court; and
(5) Twenty-four hour supervised living of up to 4 persons with physical or mental disabilities, but not including group homes for drug and alcohol rehabilitation or halfway houses for persons adjudicated by a court. The residential facilities shall be licensed by the state and proof of the licensing shall be required prior to zoning certificate approval.
FARM. A parcel of land used for agricultural purposes, with a minimum of 10 acres in size.
FARM IMPLEMENT DEALER. The use of any building or land area for the display and sale of new and used farm implements, including any warranty repair work and other repair service conducted as an accessory use.
FARMSTEAD. The area of a farm in which the out buildings sit and are normally protected by a grove(s) and not used for crops or grazing.
FARM STORE/FEED STORE. A retail store selling primarily agricultural products, including the bulk storage of fertilizers and related agri-chemicals.
FARM WINERY. A manufacturer of wine as defined by SDCL § 35-12-13.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement, or cellar when the space is used for storage or incidental uses.
FRATERNITIES AND SORORITIES. A building, other than a hotel, that is arranged, intended or designed to be occupied as a residence for a group of more than 5 members who reside therein and recognized as a chartered chapter by a national or international organization or society.
FRONTAGE. That side of a lot abutting on a street; the front lot line.
FROZEN FOOD LOCKER. A place where an animal is dressed and packaged, where no rendering or refining is done.
FUEL DISPENSING STATION. Any building or premises, which provides for the retail sale of fuel or oil. No automobile repair work or sale of auto accessories, or testing may be done. Fuel pumps and islands shall be located more than 15 feet from the nearest property line.
FUNERAL HOME (or MORTUARY). A place for the storage of human bodies prior to their burial or cremation, in which the dead are prepared for burial, or cremation, and in which wakes and funerals may be held. Cremations do not occur within the premises.
FRUIT/VEGETABLE CANNING AND PROCESSING. A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.
GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than 4 motor vehicles, excluding all commercial vehicles, owned and used by the occupants of the building to which it is accessory.
GARDEN CENTER. A building or premises used primarily for the retail sale of items useful in the culture, display, or decoration of lawns, gardens, or indoor plants; including books, appliances, and tools, but not including power tools or tractors.
GENERAL MANUFACTURING. Those manufacturing processes which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare, or the operation of the processes outside the building.
GOLF COURSE. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters.
GRADE. The average elevation of the land around a building.
GRAIN TERMINAL. A facility for the storage of agricultural grains.
GREENHOUSE (or NURSERY). A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GROUP HOME. A supervised living or counseling arrangement in a dwelling context providing for the 24-hour care of children or adults.
GROUNDWATER. Subsurface water that occurs in soils and geologic formations that are fully saturated.
HAZARDOUS MATERIAL. Any contaminant as defined in this chapter, and any hazardous chemical for which a material safety data sheet must be filed under 42 USC 11021 and 11022 as in effect on the date of publication of this chapter.
HEAVY MANUFACTURING. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors. These may include manufacture of acid, alcohol, ammonia, asphalt, bleach, cement, chlorine, dye stuff, explosives, fertilizer, glue, gypsum, lime, oils, plaster of Paris, shellac, sizing, turpentine, yeast, boiler, paper manufacturing, smelting, electric transformers, ready-mix concrete plant, or machinery.
HOME OCCUPATION. Any occupation carried on by a member of the immediate family residing on the premises, in accordance with § 155.078.
HOSPITAL. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.
JUNKYARD. Any lot, land, parcel or portion thereof, used for the storage, wrecking, dismantling, salvage, collection, processing, purchase, sale, or exchange of abandoned or discarded vehicles, goods, waste, and scrap materials, including but not limited to: 2 or more abandoned or inoperable motor vehicles, waste paper, rags, glass, tires, wood, lumber, appliances, machinery, or automotive and mechanical parts. A JUNKYARD does not include operations entirely enclosed within buildings.
KENNEL. Any premise, or portion thereof, where dogs, cats, and other household pets are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale. Animals may be kept for a maximum of 30 days at a time.
LANDSCAPED AREA/LIVING GROUND COVER. An area that is permanently devoted and maintained in blue grass/creeping red fescue, herbaceous perennials, trees, shrubbery, and flowers.
LAW ENFORCEMENT FACILITY WITH THE ABILITY TO HOUSE INCARCERATED PERSONS. A government facility consisting of a law enforcement facility that also houses incarcerated persons.
LIBRARIES. A place in which literary, musical, artistic, or reference materials are kept for use. The building may also be used by the general public, private organizations and private clubs to conduct meetings.
LIGHT MANUFACTURING. Those manufacturing processes, which do not generate any more dust, odor, noise, vibration, pollution, smoke, heat or glare than that found in a typical commercial area. These industrial uses are characterized by having all aspects of the process carried on within the building itself.
LIMITED PRODUCTION. Assembly, packaging, research, development, or similar uses which are conducted indoors and which would not be disruptive of, or incompatible with, other office, retail, or service uses that may be in the same building or on adjacent property. Limited production does not include industrial processing from raw materials.
LOADING SPACE. A space within the main building or on the same lot for the standing, loading, or unloading of trucks.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, which may include 1 main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER. A lot or parcel of land abutting upon 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
LOT, DOUBLE FRONTAGE. A lot that abuts a street on 2 opposite sides (not a corner lot).
LOT, FRONTAGE. The length of the front lot line measured at the street right-of-way line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than 3 feet to any lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. A lot which is part of a subdivision or a certified survey map which has been recorded in the office of the County Register of Deeds; or a parcel of land, the deed to which was recorded in the office of the Register of Deeds prior to the effective date of this chapter.
LUMBERYARD. The use of land and/or buildings for the storage and retail sale of building materials.
MALT BEVERAGE. A beverage as defined by SDCL § 35-1-1.
MAP, OFFICIAL ZONING. The map or maps, which are legally adopted as a part of the zoning ordinance, that delineate the boundaries of the zoning districts, show the location and size of public rights-of-way, public waterways, and the city limit lines.
MANUFACTURED HOME (or MOBILE HOMES, PARK TRAILERS, TRAVEL TRAILERS). A structure that is transportable in 1 or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. A manufactured home may only be located within a licensed manufactured home park.
MANUFACTURED HOME PARK, LICENSED. A contiguous parcel of land operated as a unit, under the same ownership where lots are rented for the temporary placement of manufactured homes, with all necessary facilities and services, and is licensed by the city.
MASSAGE ESTABLISHMENT. An establishment in which a person, firm, association, or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This subdivision does not apply to:
(1) Physicians who are licensed pursuant to SDCL Chapter 36-4 or a podiatrist licensed pursuant to SDCL Chapter 36-8.
(2) Registered nurses or licensed practical nurses who are licensed pursuant to SDCL Chapter 36-9.
(3) Physician assistants who are licensed pursuant to SDCL Chapter 36-4A or certified nurse practitioners and certified nurse midwives who are licensed pursuant to SDCL Chapter 36-9A.
(4) Physical therapists licensed pursuant to SDCL Chapter 36-10.
(5) Athletic trainers licensed pursuant to SDCL Chapter 36-29.
(6) Massage therapists licensed pursuant to SDCL Chapter 36-35.
(7) Chiropractors licensed pursuant to SDCL Chapter 36-5.
MICROBREWERY. A manufacturer of malt beverages as defined by SDCL § 35-15-1 .
MINING. The development or extraction of a mineral from its natural occurrence or affected land. The term includes, but is not limited to surface mining and surface operation, in-site mining, the reprocessing of tailing piles, the disposal of refuse from underground mining, and milling and processing located on land described in the application for a mining permit.
MIXED USE BUILDING. A building with NON-COMMERCIAL, NON-CONSTRUCTION AND NON-INDUSTRIAL OFFICES or RETAIL SERVICES AND TRADE, on the first floor and residential uses on the above floors.
MOTEL (or HOTEL, MOTOR LODGE, MOTOR COURT, TOURIST COURT). An establishment consisting of a group of living or sleeping accommodations with each sleeping unit having a bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists. The establishment shall furnish customary services such as maid service and laundering of linen, and the use and upkeep of furniture. Less than 50% of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists. Parking spaces are located in the lot, and are designed, used or intended wholly or in part for the accommodation of guests. Establishment shall have the capacity to accommodate more than 10 occupants.
MOTOR VEHICLE. Any vehicle which is designed to travel along the ground or in the water and shall include but not be limited to automobiles, vans, buses, motorbikes, trucks, trailers, go carts, golf carts, boats, snowmobiles, and campers.
MOTOR VEHICLE REPAIR. Any building or premises involving the repair and/or painting of motor vehicle bodies or parts thereof and the rebuilding and/or overhauling of engines or transmissions.
MOTOR VEHICLE, COMMERCIAL. Any vehicle which has more than 16 square feet of signage or which is adapted, designed, equipped, and used to perform a specific commercial function and which does not meet the definition of MOTOR VEHICLE, PERSONAL/PASSENGER as defined herein.
MOTOR VEHICLE, INOPERABLE. A motor vehicle which is not in operating condition due to damage, removal, or inoperability of 1 or more tires and/or wheels, engine, or other essential parts, or which is not in operating condition due to damage or removal of equipment as required by the state for its lawful operation, or which does not have lawfully affixed thereto a valid state license plate, or which constitutes an immediate health, safety, fire or traffic hazard.
MOTOR VEHICLE, PERSONAL/PASSENGER. Any car, pickup-truck, or van which has no more than 16 square feet of signage and which is designed and facilitates personal/passenger travel and has not been externally altered with features not customary to personal usage.
MOTOR VEHICLE, RECREATIONAL. Any vehicle which is adapted, designed, and equipped to facilitate leisure time activities including but not limited to the following: ATVs, boats, snowmobiles, along with trailers to haul vehicles, RVs and travel trailers.
MOTOR VEHICLE SALES, DISPLAY AND RENTAL. The use of any building, land area, or premises, for the display, sale, or rental of new or used motor vehicles, and including any warranty repair work and other repair service conducted as an accessory use. The sale or display of inoperable motor vehicles is not allowable as part of this use category, see JUNKYARD.
MOTOR VEHICLE SERVICE STATION. Any building or premises which provides for the retail sale of gasoline, oil, tires, batteries and accessories for motor vehicles and/or for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Motor vehicle repair work may be done at a motor vehicle service station provided that no rebuilding of engines, spray paint operations, or body or fender repair is conducted. Gasoline pumps and gasoline pump islands shall be located more than 15 feet from the nearest property line.
MUNICIPALLY OWNED AIRPORT. A place owned and maintained by the city where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers, including heliports.
MUNICIPALLY OWNED WASTEWATER TREATMENT FACILITY. A facility for the treatment of public wastewater.
NEIGHBORHOOD UTILITY FACILITY. Telephone, electric, and cable television lines, poles, and equipment; water or gas pipes, mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings, facilities and above ground structures that exceed 120 square feet of area) necessary for conducting a service by a government or a public utility.
NONCONFORMING USE. A use of land, buildings, structures, or premises that lawfully existed prior to the adoption, revision, or amendment to this title, but which fails, by reason of adoption, revision, or amendment, to conform to the present use restrictions of the zoning district in which it is located.
NUDE MODEL STUDIO. A place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other considerations. NUDE MODEL STUDIO does not include a proprietary school that is licensed by this state, a college, or a university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college or university that is supported entirely or in part by taxation or a structure to which the following apply:
(1) A sign is not visible from exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.
(2) A student must enroll at least 3 days in advance of a class in order to participate.
(3) No more than 1 nude or semi-nude model is on the premises at any time.
NUDE, NUDITY OR STATE OF NUDITY.
(1) The appearance of a human anus, genitals, or a female breast below a point immediately above the top of the areola.
(2) A state of dress that fails to opaquely cover a human anus, genitals, or a female breast below a point immediately above the top of the areola.
NURSING HOME. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason by advanced age, chronic illness or infirmity, are unable to care for themselves.
OFFICES, COMMERCIAL, CONSTRUCTION AND INDUSTRIAL. A building designed for or used as the office of commercial, industrial or construction organizations.
OFFICES, NON-COMMERCIAL, NON-CONSTRUCTION AND NON-INDUSTRIAL. A building designed for or used as the office of professional, financial, religious, institutional, public, or semi-public persons or organizations. Broadcast stations, offices, and studio shall be considered to be non-commercial, non-construction and non-industrial offices.
OFF-PREMISE PARKING. Parking provided for a specific use but located on a site not abutting, and/or not owned by the same owner on which the specific use is located. Vehicles must be moved monthly.
OFF-PREMISE SIGN. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
OFF-SALE ALCOHOLIC BEVERAGE ESTABLISHMENT. Any use which has been licensed to sell alcoholic beverages for consumption off the premises where sold.
ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENT. Any use that has been licensed to sell alcoholic beverages for consumption upon the premises where sold, except for special 1-day liquor or special malt beverage licenses.
OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours. Goods, material, merchandise, or vehicles shall not include items listed, nor be of a nature as indicated in the definition of junkyard as defined herein.
PARKING SPACE. A hard-surfaced area, off the street right-of-way, and accessible from a street, road or alley, with minimum dimensions of 9 feet wide and 18 feet long, and permitted ingress and egress of an automobile. A required parking space and driveway shall be paved or surfaced with portland cement concrete or asphaltic concrete, and shall be a thickness of at least 5 inches. An access driveway between a curb and sidewalk line shall be paved with portland cement concrete. All spaces shall meet the minimum criteria as prescribed by this chapter and the City Engineer, and equivalent materials and methods other than those listed may only be used if approved by the City Engineer.
PERMITTED USES. Any permissive, permitted, special, or conditional use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or their apparel, including, but not limited to laundry or dry cleaning, receiving station; garment services; coin-operated laundries; photographic and art studios; beauty shops; barber shops; shoe repair; reducing salons and health clubs; clothing rental.
PLANNING AND ZONING COMMISSION. The duly designated Planning Board responsible for reviewing and approving applications for development and preparation of master plans and ordinances.
PRINCIPAL BUILDING. A building in which is conducted the primary or predominant use of the lot on which it is located.
PRINCIPAL USE. The primary or predominant use or building of any lot.
PRINT SHOP (or PRINTING PLANT). A commercial printing operation that makes reproductions involving the use of a printing press and the making of photographic plates.
PRIVATE CLUB. A group of people organized for a common purpose to pursue common goals, interests, or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
PROPERTY LINE. See LOT LINE.
PUBLIC PARK AREAS. A tract of land owned by a government entity and available to the general public for recreational purposes.
PUBLIC SERVICE FACILITY. Government facilities and uses that provide an essential public purpose or service including, but not limited to, a law enforcement facility without the ability to house incarcerated persons, judicial court, fire station, ambulance service, transit or transportation transfer station, or office, but not including public utility or treatment stations, maintenance facilities, or sanitary landfills.
PUBLIC UTILITY FACILITIES. See NEIGHBORHOOD UTILITY FACILITIES. The definition is the same as the neighborhood except that buildings, structures, and facilities that exceed 120 square feet in area are allowable.
QUARRY. A surface excavation used for the removal of rock, stone, sand, gravel, and fill dirt for sale or use off-site and includes sifting, crushing, and washing and bagging.
RECREATION FACILITY, COMMERCIAL. A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive and operated as a business and open to the public for a fee.
RECYCLABLE MATERIALS. Materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to, aluminum, paper, glass, steel, and plastic.
RECYCLING COLLECTION FACILITY. An established facility where recyclable materials are collected for shipment off site, with no processing such as grinding or crushing of the materials. Fully enclosed automated self-service aluminum collection machines not more than 750 square feet are considered recycling collection facilities regardless of whether they contain a crusher or grinder. Facilities that handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.
RECYCLING PROCESSING FACILITY. An established facility where recyclable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. No on-site sales of materials or salvage-type automobiles may be processed at these types of facilities. Facilities that handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.
REFINING. A process in which a substance is reduced to a pure state or perfected through the elimination of impurities.
RESIDENCE. A permanent dwelling place.
RETAIL SERVICES AND TRADE. Establishments engaged in selling products, goods, or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including eating establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, convenience stores, grocery stores, butcher shop and other miscellaneous services. On-sale or off-sale alcoholic beverage establishments are not included.
RESTAURANT. An establishment where food and drink is prepared, served, and consumed primarily within the principal use.
RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.
ROADSIDE STANDS. A structure that is not permanently affixed to the ground and is readily removable in its entirety, that is used solely for the display and sale of farm products. No roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premise.
ROOMING/BOARDING HOUSE. See BOARDING HOUSE.
SCHOOLS. Any building or part thereof, whether public or private, which is designed, constructed, or used for instruction in elementary or secondary (high school) education.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.
SETBACK/SETBACK LINE. That line that is the required minimum distance from any lot line that establishes the area within which the principal use must be erected or placed.
SHALLOW/SURFICIAL AQUIFER. An aquifer in which the permeable media (sand and gravel) starts near the land surface immediately below the topsoil. The shallow aquifer is further defined as an aquifer within 50 feet or less below the land surface within 15 feet or less of continuous overlying, extremely low permeability material, such as clayey till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability material for purposes of this chapter; or, the aquifer is greater than 50 feet but less than 100 feet below the land surface with 30 feet or less of continuous overlying low to extremely low permeability geological material that may be a combination of weathered and un-weathered till, shale, or till and shale.
SNOW FENCE. Temporary fencing constructed of wood and wire and/or plastic that does not enclose a portion of the yard.
SOLID WASTE TRANSFER FACILITY. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site. This does not include an infectious waste incineration facility.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) A human anus, genitals, the pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.
(2) Male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIC SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation, or sodomy.
(3) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.
(4) Excretory functions as part of or in connection with any of the activities under subsection (1), (2), or (3) of this definition.
STABLE. Any premise or part thereon where horses or any equine animal are maintained, boarded, bred, trained or cared for in return for remuneration, or are kept for the purpose of sale.
STORAGE FACILITY. A structure or structures containing separate storage spaces, which may be of varying sizes, leased or rented on an individual basis.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused under floor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement cellar or unused under-floor space shall be considered a story.
STREET. A public way that affords the principal means of access to abutting property.
STREET, ARTERIAL. A principal traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.
STREET, COLLECTOR. A street which carries traffic from local streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in development.
STREET, LOCAL. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities but not intended to be used for through traffic.
STRUCTURAL ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or any complete rebuilding of the roof or the exterior walls.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, signs, docks, dams, manufactured homes, and sheds.
TANK FARM (or PETROLEUM PRODUCTS TERMINAL). An open-air facility containing a number of above-ground, large containers for the bulk storage in liquid form of petroleum products. The material may be delivered to the site by truck traffic or through a pipe line.
TELECOMMUNICATIONS TOWER. A self-supporting lattice, guyed-lattice, or monopole structure that supports wireless communications facilities. The term includes new and existing towers that are used for services such as microwave, common carrier, cellular telephone, personal communication services, 2-way radio paging, and other similar services. TELECOMMUNICATIONS TOWER does not include amateur radio operators’ equipment, as licensed by the Federal Communications Commission.
TELECOMMUNICATIONS TOWER HEIGHT. The vertical distance above grade to the highest point of the telecommunications tower, including the base pad and any antenna.
TELECOMMUNICATIONS TOWER SITE. The lot of record for which the telecommunications tower is located.
THEATER. An establishment that is used for the showing of motion pictures, plays or musical dramas.
TRAVEL TRAILER.
(1) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as temporary dwelling for travel, recreational, and vacation uses, permanently identified TRAVEL TRAILER by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding 8 feet, and a body length not exceeding 30 feet.
(2) PICKUP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
(3) MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as any integral part of a self-propelled vehicle.
(4) CAMPING TRAILER. A canvas, folding structure, mounted on wheels and designed for travel, recreation, and vacation use.
TREE, REQUIRED. A tree which is required by this chapter and meets or exceeds the minimum specifications according to tree type.
TRUCK REPAIR, SALES, AND/OR SERVICE. The use of any building, land area, or premises, for the display, sale, of new or used trucks, and including any warranty repair work and other repair service conducted as an accessory use. The sale or display of inoperable trucks is not allowed as part of this use category, see JUNKYARD.
USE, ACCESSORY. See ACCESSORY BUILDING OR USE.
USE, CONDITIONAL. A use that, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this chapter, of the impact of the use upon neighboring land and of the public need for the particular use at a particular location, the conditional use may or may not be granted.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of the district in which the use is located.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. PRINCIPAL USE includes off-premise advertising.
VETERINARIAN, LARGE ANIMAL. A person qualified and authorized to prevent, cure or alleviate disease and injury in horses, zoo animals, livestock, or other farm animals. Besides the medical care given to animals, a veterinarian may also board, or kennel, animals for a month at a time.
VETERINARIAN, SMALL ANIMAL. A person qualified and authorized to prevent, cure or alleviate disease and injury in companion animals that live inside or near people’s homes. Besides the medical care given to animals, a veterinarian may also board, or kennel, animals for a month at a time.
WAREHOUSE. A building used primarily for the storage of goods and materials.
WASTE. Any garbage, refuse, sludge from a waste treatment plant, waste supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations, or from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1986.
WHOLESALE MERCHANDISING /WHOLESALE TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
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 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.
WINE MANUFACTURER. A manufacturer of wine as defined by SDCL § 35-16-1.
WIRELESS COMMUNICATIONS FACILITIES. Any cables, wires, lines, wave guides, antennas, antenna arrays, and any other equipment associated with the transmission or reception of telecommunications signals, which a person seeks to locate or have installed upon or near a telecommunications tower.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD LINE. See BUILDING LINE.
YARD, REAR. A yard extending a full width of the lot between a principal building and the rear lot line.
YARD, REQUIRED FRONT. The required front yard shall extend across the front of a lot between the property lines. There shall be a required front yard on each street side of a corner lot. The required front yard with the smallest required front yard may be referred to as the side-street-side front yard.
YARD, REQUIRED REAR. The required rear yard shall extend across the rear of a lot between the property lines. On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
YARD, REQUIRED SIDE. Extends between the required front yard line and the required rear yard line. There shall only be 1 required side yard on a corner lot.
YARD, REQUIRED. The required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this chapter.
YARD, SIDE. A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
ZONE. A specifically delineated area or district of the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
(Ord. 1189, passed 7-7-2008; Am. Ord. 1233, passed 6-21-2010; Am. Ord. 1277, passed 5-21-2012; Am. Ord. 1275, passed 5-21-2012; Am. Ord. 1316, passed 6-2-2014; Am. Ord. 1341, passed 5-16-2016; Am. Ord. 1356, passed 6-5-2017; Am. Ord. 1359, passed 9-18-2017; Am. Ord. 1367, passed 2-20-2018; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1445, passed 12-6-2021; Am. Ord. 1457, passed 3-21-2022; Am. Ord. 1338, passed 6-20-2022; Am. Ord. 1471, passed 9-19-2022; Am. Ord. 1477, passed 1-3-2023)