For the purposes of this title 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 tenses; 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 discretionary; 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."

(Ord. 7-2015, 2-3-2016)

The words, terms and phrases set out in this chapter are defined and shall be interpreted as such throughout this title. Terms not herein defined shall have the meaning customarily assigned to them.

"Accessory dwelling unit:" A smaller, secondary dwelling unit on the same lot, or within a detached house or manufactured home. The unit includes its own independent living facilities with provisions for sleeping, cooking, sanitation, designed for residential occupancy independent of the primary dwelling unit.

"Accessory structure:" A structure of secondary importance or function on a site. In general, the primary use of the site is not carried out in an accessory structure.

"Accessory use:" A use or activity that is customarily incidental to the principal use established on the same site; subordinate to and serves such principal use; subordinate in area, extent and purpose to such principal use; and, contributes to the comfort, convenience, or necessity of users of such principal use.

"Administrative official:" The City Engineer or his/her designee.

"Agricultural uses:" Agricultural uses consist of activities that raise, produce, or keep plants or animals. Concentrated animal feeding operations are not included in this definition. Examples include: breeding or raising of cattle, fowl, or other animals; dairy farms; stables; farming, forestry, and plant nurseries. Accessory uses include: offices and support housing.

"Agricultural sales and service:" Services that directly support the agricultural industry. Examples include: meat lockers; farm implement and machinery sales and service; grain terminals; veterinary facilities; stables; riding academies; and animal boarding facilities. Accessory uses include: storage of goods; offices; and parking areas.

"Airport:" The use of a site for provision of landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, or rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities. Accessory uses include: offices; restaurants; concessions; storage of goods; retail stores; vehicle rentals; and parking lots and garages.

"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:" 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. Alternation does not include normal maintenance and repair.

"Amusement and recreation establishments:" Businesses whose primary function is entertainment. Examples include: theaters; billiards halls; bowling alleys; miniature golf; and, game arcades. Accessory uses include: storage of goods; concessions; restaurants; bars; and parking areas.

"Applicant:" The person or firm who applies for a permit. The applicant can be the owner of the property or someone who is representing the owner, such as a builder, developer, attorney, consultant, engineer, or architect.

"Applicant's agent:" A person or firm representing the applicant. The applicant's agent can be a builder, developer, attorney, consultant, engineer, or architect.

"Athletic fields:" An open field used for athletic events. Examples include: soccer fields, baseball and softball diamonds; volleyball courts; basketball courts; and tennis courts. Accessory uses include: parking areas; concessions; storage facilities; and maintenance facilities.

"Area, building:" The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps.

"Auction house:" An enclosed establishment for the temporary storage and offering by an auctioneer of qualified property that is offered or sold to the highest bidder.

"Automobile wrecking and junk yards:" The use of a site for the storage, sale, dismantling or other processing of used automobiles or other waste materials that are not intended for re-use in their original forms.

"Average ground elevation:" The elevation of the mean finished ground surface at the front wall of a structure.

"Bar:" An establishment that alcoholic beverage service as the predominant activity, where food service is secondary as evidenced by such things as extended hours after a full service food menu is available, or a very limited food service menu. Examples include: taverns; and nightclubs. Accessory uses include: restaurants; billiard halls; game arcades; and, music or theater performance.

"Base zoning district:" A base zone identifies the uses allowed on a property and the development regulations that apply to the property.

"Basement:" A story partly underground but having at least one-half (½) of its height below the average level of the adjoining ground. A basement shall be counted as a one-half (½) story.

"Basic utilities and services:" Infrastructure services that provide access, power, water, sewage service, storm water facilities, and telecommunication facilities. Basic utilities that service a development site are accessory uses to the primary use being served. Basic utilities and services generally do not have employees at the site. Examples include: roads, sidewalks, alleys; easements; water and sewer pump stations; sewage disposal and conveyance systems; electrical substations; water towers and reservoirs; water quality and flow control facilities; water conveyance systems; storm water facilities and conveyance systems; cable and internet systems; and telephone exchanges. Accessory uses include: control, monitoring, data and transmission equipment.

"Bed and breakfast:" The use of a residential structure to provide rooms for temporary lodging for overnight guests on a paying basis. The owners of the said residential structure reside within such structure, or on the same site.

"Board of adjustment:" The Zoning Board of Adjustment for the City of Belle Fourche, South Dakota. The governing body shall act as and perform all duties and exercise the powers of the Board of Adjustment.

"Brewery:" An establishment where malt liquors or fermented malt beverages are manufactured.

"Buildable lot area:" That area of a lot bounded by the required front, side, and rear setbacks.

"Building:" Any enclosed structure intended for shelter, housing or enclosure of persons, animals, or chattel.

"Building coverage:" The area that is covered by buildings and other roofed structures.

"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.

"Building official:" The authorized representative appointed by the governing body to issue building and occupancy permits.

"Building material sales:" The retailing or rental of building supplies or equipment. Examples include: lumber yards; tool and equipment sales or rental establishments; and, building contractors' yards. Accessory uses include: offices; storage of goods; and parking areas.

"Building, primary:" A building in which the primary use of the site is conducted. In Residential Districts, any dwelling shall be deemed the primary building on the site.

"Building setback line, front:" 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. The building setback line is parallel to the street right-of-way.

"Building site:" A single parcel of land under one ownership occupied or intended to be occupied by a building or structure.

"Canopy tree:" A deciduous tree having a minimum mature height of thirty (30) feet and a minimum caliper of one inch at the time of planting.

"Caretaker living quarters:" A dwelling unit on the site of commercial or industrial use occupied by a guard or caretaker. Only one caretaker residence is permitted on a site.

"Cemetery:" An open space for burial, entombment, inurnment, interment, cremation or funeral purposes.

"Certificate of occupancy:" A certificate of occupancy or a certificate of inspection issued by the City at the completion of a building permit or change of use.

"Change of use:" Change of the primary use or activity on a site.

"City:" The City of Belle Fourche, South Dakota.

"Clinic:" See "Medical Office."

"Club" or "Lodge:" The use of a site for provision of meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations. Accessory uses include: billiard halls; bars; and restaurants.

"Community facilities:" Community facilities are uses of a public or nonprofit nature that provide a local service to people of the community. Examples include: city government offices; libraries; museums; senior centers; historic and monument sites; public swimming pools; public fitness facilities; community gardens; and, public safety facilities, such as police, ambulance, and fire stations. Accessory uses include: offices; community meeting areas; parking areas; concessions; and, day care facilities.

"Community gardens:" The use of a site for growing or harvesting food crops or ornamental crops on an agricultural basis, by a group of individuals for personal or group use, consumption or donation.

"Comprehensive plan:" The adopted Belle Fourche Comprehensive Plan.

"Concentrated animal feeding operation:" A lot or facility that stables or confines and feeds or maintains animals for a total of forty-five (45) days or more in a twelve- (12) month period and requires a permit from South Dakota Department of Environment and Natural Resources.

"Council:" The Common Council of Belle Fourche, South Dakota.

"Day care center:" A day care center provides day or evening care of two (2) or more children or adults in need of supervision outside of their homes for a fee, not located in a family home. Examples include: child care centers; preschools; nursery schools; and senior day care programs. Accessory uses include: recreational facilities; parking areas; and offices.

"Day care, family:" A person, firm, corporation, partnership, association and/or agents of any of them providing care and supervision of children from more than one unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care, without transfer of legal custody or placement for adoption. A family day care home may not care for and supervise more than twelve (12) children at any one time including children under the age of six (6) living in the home.

"Design capacity:" The maximum number of persons that can be accommodated at any one time with a reasonable degree of comfort, safety, and convenience.

"Detention facilities:" The use of a site for the provision by a public agency of housing and care for legally confined individuals. Examples include: prisons, juvenile detention facilities; and halfway houses. Accessory uses include: recreation facilities; and offices.

"Develop:" To construct or alter a structure or to make a physical change to the land.

"Development:" All improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities.

"Distillery:" An establishment where distilled liquors are manufactured.

"District:" Any section of the City of Belle Fourche for which the regulations governing the use of land and development of buildings and other structures are uniform.

"Drive-through facility:" A facility or structure that is designed to allow drivers to remain in their vehicles before and during an activity on the site. Drive-through facilities also include facilities designed for the rapid servicing of vehicles where the driver may or may not remain in the vehicle. Examples are drive-up windows; gas pump islands, car wash facilities; and auto service facilities.

"Duplex residential dwelling:" The use of a site for two (2) dwelling units within a single building, which is site built or modular.

"Dwelling unit:" A building, or portion thereof, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of people.

"Easement:" A grant of rights by a property owner that allows other non-owners to use the owner's land for a specific purpose such as access or to locate utilities.

"Evergreen tree:" An evergreen or conifer tree having a minimum mature height of twenty (20) feet and a minimum two (2) gallon container size or equivalent bare root ball at the time of planting.

"Façade:" All the wall planes of a structure as seen from one side or view.

"Family:" One or more persons related by blood, marriage, or adoption, or a group not to exceed five (5) persons none of whom are related by blood or marriage, occupying the premises and living as a nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use.

"Financial institutions:" The use of a site for the provision of financial and banking services. Examples include: banks; credit unions; savings and loan institutions; and loan and lending activities. Accessory uses include: parking areas; and amenities for the use of employees, such as cafeterias, exercise facilities, and child care.

"Floor area:" The sum of the gross floor area for each of the several stories under a roof, measured from the exterior limits or faces of a building or structure.

"Frontage:" All the property on one side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersection street and the dead end of the street.

"Garage, private:" An accessory building or a part of a main building used for storage purposes only for not more than three (3) automobiles, or for a number of automobiles which does not exceed two (2) times the number of families occupying the dwelling unit to which such garage is accessory, whichever number is the greater. Such space shall not be used for storage of more than one commercial vehicle, which shall not exceed one and one-half (1½) tons rated capacity, per family living on the premises, and not to exceed two (2) spaces shall be rented to persons not residing on the premises for storage of noncommercial passenger vehicles only.

"Garden center:" The use of a site for the sale of plants or related goods and services. Examples include: greenhouses; and nurseries. Accessory uses include: offices; parking areas; and, storage areas.

"Golf course:" A non-profit, public, or private facility upon which the game of golf is played. Accessory uses include: clubs or lodges; restaurants; bars; operation and maintenance facilities; offices; and parking areas.

"Governing body:" The Common Council of the City of Belle Fourche.

"Grade, established:" The completed surfaces of lawns, walks, and roads brought to grade as shown on official plans or designs relating thereto.

"Grade, street:" The officially established grade of the street upon which a lot fronts or in its absence the established grade of another street 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.

"Group residential dwelling:" The use of a site for occupancy by a group of people who are not related, this includes boarding houses, dormitories, or resident services for people with disabilities, the elderly, or those undergoing rehabilitation. Accessory uses include parking areas for staff and residents and recreational facilities. Facilities for people who are under judicial detainment are not included in this definition, but in the Detention Facilities category.

"Health department:" The South Dakota Department of Health.

"Home occupation:" A gainful occupation or profession conducted entirely within a dwelling unit by a member of the family residing within the dwelling unit. The home occupation shall be clearly incidental or secondary to the use of the home and shall not change the residential character of the property.

"Home occupation, non-conforming:" A home occupation that does not meet the required site and impact standards and must be approved through the conditional use process.

"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 department, training facilities, central services facilities, cafeterias, and staff offices that are an integral part of the facilities.

"Hotel:" The use of a site for the provision of rooms for temporary housing. Examples include: hotels; motels; and hostels. Accessory uses include: parking areas; restaurants; and recreation facilities.

"Industrial technology uses:" Businesses that are involved in technology production and development, such as biotechnology, software and hardware development, and electronics. Accessory uses included: offices; parking areas; employee amenities such as exercise amenities and child care; warehouses; and repair facilities.

"Industrial uses, heavy:" Large-scale industrial operations that are capable of producing byproducts, such as smoke, odor, dust or noise discernible from beyond the property boundaries, and may require outdoor storage areas. Examples include, but are not limited to: the manufacturing, processing, or distillation of acid, asphalt, cement, concrete, explosives, paint, tar, or other related products; slaughter houses; crematoriums; refining; smelting; ore reduction; metal foundry or fabrication plant; lumber mills and wood products manufacturing; and, drop forge industries. Accessory uses included: offices; parking areas; employee amenities such as exercise amenities; warehouses; storage yards; repair facilities; and caretaker's quarters.

"Industrial uses, light:" Manufacturing and production businesses are involved in manufacturing, processing, fabrication, packaging, or assembly of goods. Goods are generally not displayed or sold on site and few customers come to the site. Examples include: processing of food; breweries; distilleries; wineries; production of textile or apparel; production of rubber, leather, clay, plastic, stone, or glass materials or products; fabrication of metal products; the manufacture and maintenance of signs or light sheet metal products; cabinet-making and carpentry shops; video and audio recording studios; stone milling; and, manufacturing of small machinery, equipment, and instruments. Accessory uses include: offices; parking areas; employee amenities such as exercise amenities; warehouses; storage yards; repair facilities; and caretaker's quarters.

"Kennel:" The use of a site for the boarding and care of four (4) or more dogs, cats, or similar small animals six (6) months of age and older. This use includes: boarding kennels; pet motels; and dog training centers.

"Kiosk:" A freestanding structure designed to allow drivers to remain in their motor vehicles while purchasing, receiving, or depositing goods or services.

"Light agricultural uses:" Accessory uses on a residential site including the keeping of horses and other equine, cattle, sheep, goats, and llamas including the breeding and training of such animals; raising of poultry, fowl, birds, rabbits, bees and other similar animals of comparable nature; and, raising crops.

"Livestock sales:" A place of business where the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. Does not include auction sales conducted in conjunction with a county fair or auction sales, or conducted by or for a person who owns said livestock on their premises.

"Loading space:" A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of a vehicle.

"Lot:" A parcel of land that is or may be occupied by a single main building and its accessory buildings or uses customarily incidental thereto, together with such yards or open spaces within the lot lines as may be required.

"Lot area:" The total horizontal area included within lot lines.

"Lot depth:" The average horizontal 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 that runs through a block from street to street and that has two (2) nonintersecting sides abutting on two (2) or more streets.

"Lot frontage:" That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

"Lot, interior:" A lot other than a corner lot.

"Lot line:" The lines bounding a lot as defined in this chapter.

"Lot line, front:" In the case of an interior lot, the line separating the lot from the street, and in the case of a corner or double frontage lot, the line separating the lot from that street that is designate as the front street in the request for a 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 (10) feet long and wholly within the lot.

"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.

"Manufactured home:" A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. A manufactured home is built to the Manufactured Home Construction and Safety Standards (HUD Code).

"Manufactured home park:" A unified development of manufactured home spaces for rent or lease, including common areas and facilities for management, recreation, laundry and utility services, storage and similar services for the convenience of residents.

"Manufactured home residential dwelling:" The use of a site for only one dwelling unit, which is a manufactured home.

"Manufactured home space:" A defined area within a manufactured home park that is designed for and designated as the location for a manufactured home and its accessory uses and structures.

"Medical or dental laboratory:" A laboratory that specializes in the manufacturing of medical or dental products.

"Mobile food establishment:" A licensed, mobile food unit that is temporarily parked where food items are sold to the general public.

"Mobile home:" A portable unit, built prior to 1977, design and constructed to be towed on its own chassis, comprised of frame and wheels, and design to be connected to utilities for year round occupancy. A mobile home does not meet HUD Manufactured Home Construction and Safety Standards (HUD Code).

"Modular home:" A structure designed primarily for residential occupancy constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation, or assembly and permanent installation on a building site. Modular homes are designed and constructed to International Residential Code standards. Mobile homes and manufactured dwelling units are not modular homes.

"Mulch:" A material such as bark or river rocks spread around or over a planting area.

"Multi-family residential dwelling:" The use of a site for three (3) or more dwelling units within one or more buildings, which is site built or modular building.

"Non-conforming use:" A building, structure or use of land existing at the time of enactment of the ordinance codified in this title and that does not conform to the regulations of the district in which it is situated.

"Nursing home:" A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

"Oil and gas tank storage facility:" An industrial facility for the bulk storage of oil and gas products. This does not include oil and gas tanks that are accessory to operations on a site.

"Office, administrative:" Administrative office uses are characterized by activities conducted in an office setting that focus on the provision of services. Examples include: offices of attorneys; accountants; software and internet content development; engineers; architects; financial businesses; real estate agents; government offices; graphic design; telecommunication service providers; data processing; television, radio, and internet service providers; and public utility offices. Accessory uses include: parking areas; amenities for the use of employees, such as cafeterias, exercise facilities, and child care.

"Office, medical:" Medical office uses are characterized by the delivery of medical services in an office setting. Examples include: doctor's offices; dentist offices; urgent medical care facilities; and, blood collection facilities. Accessory uses include parking areas; and amenities for the use of employees, such as cafeterias, exercise facilities, and child care.

"Ornamental tree:" A flowering or non-flowering' deciduous tree having a maximum mature height of thirty (30) feet and a minimum caliper of two (2) inches at the time of planting.

"Overlay zoning district:" A zoning district that is imposed on one or more underlying base zoning districts that provides additional requirements and limitations beyond those required by the underlying base zoning district.

"Owner:" An owner of record title to real property or a contract purchaser of real property of record, as shown on the latest assessment records of the Butte County Assessor. Owner also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the City a copy of a deed or contract of sale showing date, book, and page of recording.

"Parking lots and garages:" An off-street facility including parking spaces with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit.

"Parks and open areas:" Parks and open areas are uses that are characterized by natural areas consisting mostly of vegetative landscaping and/or outdoor recreation facilities, such as: public parks; public square; playgrounds; recreational trails; community gardens; and nature preserves. Parks and open area uses tend to have few structures. Accessory uses include: parking; maintenance facilities; and concessions.

"Parking space:" An off-street space available for the parking of one motor vehicle.

"Personal services:" The use of a site for the provision of periodic services of a personal nature. Examples include: beauty or barber shops; seamstress or tailor services; shoe repair shops; laundromats; dry cleaning pick-up station services; photographic studios; tanning salons; dance classes; martial arts classes; music classes; mortuaries; and animal grooming. Accessory uses may include: the storage of goods; offices; and parking areas.

"Planning and Zoning Commission:" The Belle Fourche Planning and Zoning Commission.

"Plat:" A map, plan, or layout indicating the location and boundaries of individual properties.

"Porch:" An open, non-enclosed structure on the outside of a building.

"Power plant:" A facility that generates electricity from mechanical power produced by solar, gas, wind, hydrocarbons, water, or coal that is properly licensed or franchised by the authorities having jurisdiction.

"Principal use:" The specific primary purpose for which land or a building is used.

"Public utility:" Any person, firm, corporation, municipal department or board duly authorized to furnish and maintain installations for the supply of electricity, gas, steam, communication, transportation, or water to the public.

"Railroad facilities:" The use of a site for the provision of railroad yards, equipment servicing facilities, or terminal facilities. Accessory uses may include: offices; employee facilities; storage areas; transload facilities; storage areas; rail car maintenance; and, repair facilities.

"Recreation facilities:" An indoor/outdoor area or facility used for social or recreational purposes, picnic areas, and play grounds. Accessory uses include: parking; maintenance facilities; and concessions.

"Recreational vehicle:" A portable or mobile living unit in which the wheels cannot be removed, unlike a manufactured home, used for human occupancy away from the principal place of residence of the occupants.

"Recreational vehicle park:" A commercial use where one or more lots are rented to users of recreational vehicles or tents that are occupied for temporary purposes. There is no minimum required stay in a recreational vehicle park; however, the maximum stay is one hundred eighty (180) days.

"Recreational vehicle space:" The area within a recreational vehicle park designated for one recreational vehicle

"Religious institutions:" Religious institutions provide meeting areas for religious activities, such as churches, temples, synagogues, and mosques. Accessory uses include: Sunday school facilities; caretaker's housing; convents and monasteries; housing for clergy; and child care centers.

"Residential accessory uses:" Uses customarily incidental to the principal residential use established on the same lot, such as shelter to house animal pets, children's playhouse and playground equipment, incinerator, private greenhouse, private garage and carport, private swimming pool and bathhouse, and shed for the storage of maintenance or recreation equipment used on the premises. The accessory use must serve the primary use on the site and remain subordinate in area, extent and purpose to such principal use. Accessory structures and uses customarily incidental to a primary use when located on the same lot, after the primary use has been established.

"Resource extraction use:" The development or extraction of a mineral from its natural occurrence on affected land. Examples include the mining of minerals such as stone, sand, gravel, clay, and coal.

"Restaurants, drive-through:" An establishment that provides the sale and service of food or beverages for the ready consumption within the establishment or via a drive-thru window. Accessory uses may include: parking areas.

"Restaurants, without drive-through:" An establishment that provides the sale and service of food or beverages for the ready consumption within the establishment. Accessory uses may include: parking areas and bars.

"Retail sales and service:" Retail sales and services businesses are involved in the sale or lease of products to the general public. Examples include: stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, jewelry, pets, pet food, pharmaceuticals, plants, printed material, videos, and food sales. Accessory uses may include: the storage of goods; parking areas; and offices.

"Rodeo and fair grounds:" An area dedicated for activities associated with fairs, rodeos, or other amusements that are conducted in a stadium or other public assembly facility that is designed to accommodate such events. Accessory uses may include: concessions; restaurants; parking areas; stables; barns; and maintenance facilities.

"School:" A school is a private or public institution of education, which provides instruction at the elementary, middle, high school, or post-secondary level. Accessory uses include: play areas; cafeterias; recreational and sport facilities; athletic fields; auditoriums; and before and after-school child care facilities.

"Sealed surface construction:" Sealed surface construction shall consist of Portland cement concrete, asphalt, clean rock, millings or another material approved by the City of Belle Fourche.

"Self-service storage facilities:" Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property. Examples include: self-storage warehouse and mini-storage facilities. Accessory uses may include: caretakers living quarters; and parking areas.

"Service area, drive through facility:" The service area is where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, such as a car wash or oil-changing business, the service area is the area within the building where the service occurs. For other development, such as gas pumps, the service area is the area where the vehicle is parked during the service.

"Setback:" A distance necessary to obtain the minimum front, side, corner and rear yards required in this Title.

"Setback, corner:" A required side setback on the street side of a corner lot measured from the nearest point on the side property line bounding the street.

"Sexually-oriented business:" An adult live entertainment establishment, adults-only bookstore, adult novelty store, adult video store, or adults-only motion picture theater where the inventory, merchandise, or performances are characterized by a preponderance of nudity, sexual conduct, sadomasochistic abuse, and/or sexual excitement.

"Shrub:" A deciduous or evergreen plant having a minimum height of eighteen (18) inches at the time of planting, with a maximum mature height of less than ten (10) feet.

"Shooting range:" An area provided with targets for the controlled practice of shooting.

"Shopping center:" A unified grouping of retail stores and offices within one building, which are planned and developed as an operating unit. The shopping center may be developed on a single lot or separate lots.

"Single-family attached residential dwelling:" The use of a site for two (2) or more dwelling units, each located on a separate lot that are constructed with common or abutting walls, which are site built.

"Single-family detached residential dwelling:" The use of a site for only one dwelling unit, which is site built or a modular home.

"Stables:" The use of a site for boarding, breeding or raising of horses not owned by the occupants of the premises.

"Stacking lanes:" The stacking lanes are the space occupied by vehicles queuing for the service to be provided.

"Story:" That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

"Street:" A public or private thoroughfare which affords the principal means of access to abutting property.

"Street line:" The legal line between the street right-of-way and abutting property.

"Structure:" A combination of materials to form a construction that is safe and stable and includes among other things stadiums, platforms, radio and television towers, sheds, storage bins, fences and display signs.

"Student housing:" A building which contains dwelling units by two (2) or more students who are not related by blood, adoption, or marriage.

"Substantial improvement:" Any repair, reconstruction, rehabilitation, addition, or improvement of a structure or development, the cost of which equals or exceeds fifty (50) percent of the market value of the structure or development, or increases the floor area of the structure or the area of the development by fifty (50) percent or more.

"Support housing:" The use of a site for living accommodations by agricultural employees or their families.

"Tasting room:" A space associated with and on the same premises as a brewery, distillery, or winery at which guests may sample the manufacturer's products and consume other nonalcoholic beverages.

"Temporary uses:" A temporary use is a use that is established for a fixed period of time.

"Uniform Building Code:" The Uniform Building Code as published by the International Conference of Building Officials.

"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.

"Utility substation:" The major structure owned or operated by a public, private or cooperative electric, fuel, or communications company for the generation, transmission, distribution or processing of its products.

"Vehicle sales and rentals:" Buildings and premises for the sale, rental, and ancillary service of vehicles such as automobiles, motorcycles, and boats. Accessory uses include: offices; parts sales; vehicle repair; vehicle storage; and, parking areas.

"Vehicle service and repair establishments:" Vehicle service and repair uses provide servicing for passenger vehicles, trucks, motorcycles, boats, and recreational vehicles. Examples include: gasoline service stations; auto mechanic shops; transmission or muffler shops; auto body shops; tire sales and mounting businesses; oil change businesses; auto detailing; and, self-service automobile washing businesses. Accessory uses include: offices; parts sales; vehicle storage; and, parking areas.

"Veterinary clinic:" The use of a site for provision of veterinary services for animals. This use includes pet clinics, and dog and cat hospitals.

"Walkway:" A path or area for pedestrians.

"Warehouse and freight movement facilities:" Warehouse and freight movement businesses are involved in the storage or movement of goods. There is little onsite sales activity. Examples include: general freight storage; parcel services; stockpiling of aggregate material; pipe storage; equipment storage; and storage of weapons or ammunition. Accessory uses may include: offices; parking areas; fleet parking and maintenance areas; rail spur or lead lines; and repackaging of goods.

"Waste-related facilities:" Waste-related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods from the biological decomposition of organic material. Examples include: landfills; sewer treatment plants; recycling operations; junk and salvage yards; automobile wrecking; and hazardous waste collection sites. Accessory uses include: recycling of materials; offices; parking areas; and repackaging and shipment of by-products.

"Wholesale sales:" Wholesale sales businesses are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. Business may or may not be open to the general public, but sales to the general public are often limited. Examples include: wholesale or rental of machinery; equipment & heavy trucks; wholesale building materials, special trade tools, machine parts, electrical supplies, janitorial supplies, and restaurant supplies; and wholesale food, clothing, building hardware, and office supplies. Accessory uses include: offices; product repair; warehouses; parking areas; and repackaging of goods.

"Wind energy conversion system:" A mechanism or device constructed for the purpose of converting wind energy into electrical or mechanical power.

"Winery:" An establishment where vinous liquors are manufactured.

"Wireless telecommunication facilities:" Any unmanned facility, including all devices, machinery, structures, or supporting elements necessary to provide wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communication service (PCS), and paging service.

"Yard:" An open space between a building and the adjoining lots lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this Title 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 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 sideline 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:" A 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, which is unoccupied except for permitted accessory structures.

"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.

(Ord. 7-2015, 2-3-2016; Ord. No. 9-2018, 10-1-2018; Ord. No. 11-2021, 12-20-2021)