The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon or Abandoned means a use that has been discontinued for a minimum period of 180 days or a building, structure, sign, or other object that remains vacant or unused for a minimum period of 180 days.

Abandoned motor vehicle means any motor vehicle that is left in one location on public property or on private property without the consent of the owner thereof for a continuous period of more than seventy-two (72) hours.

Abutting property means property lying immediately adjacent to and sharing a common property line with subject property.

Accessory building means a building detached from a principal building, located on the same lot as the principal building, and customarily incidental and subordinate to the principal building, such as a detached garage or storage shed. The term "accessory building" does not include any dwelling units or living quarters.

Accessory dwelling unit (ADU) means a habitable living unit added to or created within a primary single-family dwelling and contained on one lot.

Accessory dwelling unit (ADU), detached means a self-contained dwelling unit separated from a single-family residence, but located on an owner-occupied property which maintains complete independent living facilities for one or more persons, including permanent provisions for living, seeping, eating, cooking and sanitation, including a separate kitchen and/or laundry facilities.

Accessory dwelling unit (ADU), internal means an accessory dwelling unit created within a primary dwelling; within the footprint of the primary dwelling at the time the internal accessory dwelling unit is created; and for the purpose of offering a long-term rental of thirty (30) consecutive days or longer.

Accessory use means a use of land or of a building or portion thereof customarily incidental, necessary, and subordinate to the principal use of the land or building and located on the same lot with the principal use. An accessory use may only be constructed in conjunction with the issuance of a building permit for, or following the construction of, a primary use. In the case of adjoining lots under common ownership, an accessory use shall only be constructed on the same lots as the primary use.

Accident potential zone (APZ) means two areas (APZ 1 and APZ 2) near the end of an airport or military airport runway that have been found to have significant statistical probability for aircraft accidents such that land use restrictions are appropriate to prevent concentrations of people and limit resident density.

Adult foster care homes means a family-style residence which provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally disabled adults.

Adult oriented business (AOB) means an establishment as described and regulated by §11-12 of SDCL. Includes an 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 as those terms are defined in §11-12 of SDCL.

Adjacent or Adjacent landowners means a lot or parcel of property, or the owner of record of such, according to the records of the Register of Deeds that has a common boundary line with a lot or parcel of property that is the subject of action before the City.

Agency means the City Council of Box Elder and any officer, employee, department, division, or other agency of the City, including boards and commissions, but excludes the City’s court.

Aggrieved persons means any person directly interested in the outcome of and aggrieved by a decision or action or failure to act pursuant to this chapter who:

1. Establishes that the person suffered an injury, an invasion of a legally protected interest that is both concrete and particularized, and actual or imminent, not conjectural or hypothetical;
2. Shows that a causal connection exists between the person’s injury and the conduct of which the person complains. The causal connection is satisfied if the injury is fairly traceable to the challenged action, and not the result of the independent action of any third party not before the court;
3. Shows it is likely, and not merely speculative, that the injury will be redressed by a favorable decision, and;
4. Shows that the injury is unique or different from those injuries suffered by the public in general.

Agribusiness means businesses collectively associated with the production, processing and distribution of agricultural projects. Includes but is not limited to aquaculture, chicken or turkey farms, concentrated animal feeding operations, dairy farms, and stockyards.

Agriculture means the production, storage, keeping, harvesting, boarding, or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including, but not limited to, forages (hay) and sod crops; grains and seed crops; livestock including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program. The term "agriculture" shall not include intensive agricultural activities such as aquaculture, chicken or turkey farms, concentrated animal feeding operations, dairy farm, and other agribusiness activities.

Affected entity means a county, municipality, independent special service district or school district. Also includes a property owner or property owners' association if they have filed a valid request to receive notice. Such a request is valid for a period of one year and can be refiled.

Air installation compatible use zone (AICUZ), as described in the Air Installation Compatible Use Zone (AICUZ) Study for Ellsworth Air Force Base, South Dakota, December 2008, is intended to identify and restrict land uses in locations that might obstruct or otherwise be hazardous to airfield operations and identify land areas which are exposed to health, safety, or welfare hazards due to airfield operations.

Airspace surfaces means a collection of geometric planes defined by the FAA that were created primarily to prevent existing or proposed manmade objects, objects of natural growth, or terrain from extending upward into navigable airspace. Examples of airspace surfaces are primary surfaces, approach/departure clearance surfaces, inner and outer horizontal surfaces, conical surfaces, and transitional surfaces.

Alley means a service roadway providing only a secondary means of access to abutting property(ies) and not intended for general traffic circulation.

Allowed gathering density means a limit on the number of people allowed to gather on a parcel of land, in a structure, or at an event at any one time within a specified area.

Alteration means any change or re-arrangement in the supporting members of an existing building, such as beams, bearing walls, columns, girders, load-bearing interior partitions, or trusses, as well as any enlargement to a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Ambulatory surgical center means any facility which is not part of a hospital and which is not an office of a dentist, whether for individual or group practice, in which surgical procedures requiring the use of general anesthesia are performed upon patients.

Amend or Amendment means any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a district; or any repeal, abolition, change or addition to the Zoning map.

Amusement and recreation business means any business whose primary function is entertainment, such as theaters, billiard halls, amusement rides, shows, sightseeing tours, or any other entertainment or amusement which may be recommended by the Planning Commission for authorization by the City Council.

Antenna means any structure or device used to collect or radiate electromagnetic waves for the provision of cellular, paging, personal communications services (PCS) or microwave communications. Such structures and devices include, but are not limited to, directional antennas such as panels, microwave dishes, and satellite dishes and omnidirectional antennas, such as whips.

Apartment house. See Dwelling, multiple-family.

Appeal authority means the person, board, commission, agency or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.

Applicant means the owner, or owner’s agent, of the property that is the subject of a land use application.

Application or Land use application means a written request for development approval including, but not limited to an alteration or revision to an approved master planned development, conditional use permit, zoning or rezoning, subdivision, or annexation. The term “application” shall not include any building permits associated with construction within an approved subdivision or on an existing platted lot unless otherwise specified.

Approach clearance surface means a portion of the airspace, defined by the FAA, as the lowest altitude for an aircraft to use to safely land on an airport or military airport runway. This surface (altitude) increases at a constant rate as it goes outward and upward from the runway surface.

Approach/departure surface. See Approach clearance surface.

Approved means the approval of the City Council or its authorized agent.

Aquaculture means land devoted to the hatching, raising and breeding of fish or other aquatic plants or animals for sale or personal use. A fish farm.

Architectural projection means any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including, without limitation, a roof overhang, mansard, unenclosed exterior balcony, marquee, canopy, awning, pilaster, and fascia, but not including a sign.

Area, building, means 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 decks, etc.

Artisan distiller means any manufacturer in the State of South Dakota producing, rectifying, or blending distilled spirits, as defined in §35-1-1, in a total quantity not in excess of fifty thousand gallons within a calendar year, where at least thirty percent of the raw materials, other than water, used in the finishing product are grown or produced in the State of South Dakota.

Assisted living facility means any institution, rest home, boarding home, place, building, or agency that is maintained and operated to provide personal care and services that meet some need beyond basic provision of food, shelter, and laundry.

Authorized emergency vehicle means every vehicle equipped with audible or visual signals meeting the requirements of state law and the City, as amended, and operated by law enforcement personnel, City fire department personnel, ambulance personnel and every other vehicle defined as an authorized emergency vehicle by state law.

Authorized service vehicle means such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by state law, and such other vehicles having a public service function, including, without limitation, public utility vehicles and tow trucks, as determined by the State Department of Transportation (SDDOT). Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.

Automobile parking lot, public, means a parcel of land, lot or portion thereof owned or operated by a governmental or official public agency for off-street motor vehicle parking, but excluding the storage of dismantled or wrecked vehicles, parts thereof or junk.

Automobile repair service means an establishment primarily engaged in furnishing general automotive repair, rebuilding or reconditioning engines, body and fender work, vehicle and trailer painting, or upholstering services.

Automobile service station means any building, land area, or other premises or portion thereof used for the retail dispensing or sales of vehicular fuels or electricity, servicing and repair of automobiles, washing of automobiles, and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

Automobile storage garage, private, means an accessory building, including a barn used for automobile storage, or a portion of a main building or building attached thereto, designed, arranged or used for housing private motor vehicles, including farm machinery and vehicles. A private automobile garage shall not be used for the commercial storage of dismantled or wrecked vehicles or junk.

Automobile wrecking/junkyard means the dismantling, storage, sale, crushing or dumping or used of motor vehicles, trailers or parts thereof.

Average slope means an expression of rise or fall in elevation along a line perpendicular to the contours of the land connecting the highest point of land to the lowest point of land within a lot or building area. A vertical rise of one hundred (100) feet between two points one hundred (100) feet apart measured on a horizontal plane is 100 percent (100%) slope.

Bank means any corporation or limited liability company, organized pursuant to Chapter §47-34A of SDCL, authorized under Title §51A of SDCL to engage in the business of banking or in the combined business of a bank and trust company or in the combined business of a bank with trust powers. Includes branch banks, and mobile branch banks.

Bed and breakfast means an owner-occupied, single-family residence offering overnight lodging and a morning meal for compensation, with not more than four (4) guest sleeping rooms for not more than eight (8) transient persons. A bed and breakfast in a residential zone shall be regulated as a home occupation.

Bicycle or walking path means a separate path that has been designated for use by non-motorized bicycles or pedestrians, by traffic control device or other sign, and that is separated from the roadway for other vehicular traffic by open space or a barrier.

Birth center means any health care facility at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth.

Board means the Board of adjustment.

Board of adjustment means the Planning Commission for the City.

Boardinghouse means an owner-occupied residence, as distinct from a hotel or motel, where, for compensation and by pre-arrangement for definite periods of time, meals or lodging are provided for three or more persons, but not more than eight persons, not related by blood or law, but not open to transient guests. The term "boardinghouse" shall include residence clubs, fraternities, sororities, and community shelters.

Body piercing means to place a permanent or temporary foreign object in a person’s body for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by §34-4-11 of SDCL.

Body piercing establishment means the building or structure where body piercing is practiced.

Brush means woody shrubs, not part of a planned and maintained landscape of either a highly structured manicured type or natural appearance.

Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, family, animal, process, equipment, goods, or materials of any kind. The term "building" includes the term "structure."

Building, accessory. See Accessory building.

Building code means that code in effect, adopted by the State of South Dakota and the City of Box Elder.

Building coverage means the ratio of the horizontal area, measured at grade from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings on a lot, to the total lot area.

Building envelope means that area on any lot on which a structure can be erected consistent with existing setback requirements, and is defined by the setback lines applicable to that lot; but no such line shall run closer than five feet from any property boundary, and to the extent required to avoid running closer than five feet to any property boundary, this line may run less than eight feet from the exterior wall of any protected structure.

Building height means the vertical distance from the average finished grade surface at the building wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, or gambrel roofs. Does not include chimneys or other similar structures.

Building inspector means the individual authorized by the City Council, Building Official or their designee, to conduct inspections and issue permits.

Building, main or principal, means a building which is considered the principal use of the lot on which it is situated. In any residential district, a dwelling shall be deemed a main building of the lot on which it is located.

Building official means the administrator of the building codes adopted by the City of Box Elder.

Building or setback line means the setback line beyond which the foundation wall or any enclosed porch, vestibule or other enclosed portion of a building shall not project to a property line, except as provided in this chapter.

Building permit means written permission issued by the Building Official for the construction, repair, alteration, or addition to a building.

Bulk storage means a product stored in large quantities in a tank, pipeline or tank vehicle.

Business means any profession, trade or occupation and all and every kind of calling, whether or not carried on for profit, except those organizations exempt from the federal income tax pursuant to Section 501(c)(3) of the Federal Internal Revenue Code, as amended or renumbered.

Business, place of, means any location, building or portion thereof or premises in which or from which a business is carried on. The term "place of business" includes, but is not limited to, an office, warehouse, yard, or location where books and records are kept, the location from which business is solicited.

Business, service means any activities conducted for gain which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in the home or business.

COW (carrier on wheels or cell on wheels) means a portable self-contained cell site that can be moved to a location and set up to provide personal wireless services on a temporary or emergency basis. A COW is normally vehicle- or trailer-mounted and contains a telescoping boom as the antenna support structure.

CUP means a conditional use permit.

Camper. See Recreational vehicle.

Campground means a parcel on which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. The term "campground" may also be known as a recreational vehicle park.

Camping unit means any tent, trailer, cabin, lean-to, recreational vehicle, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation purposes.

Campsite means any plot of ground within a campground intended for exclusive occupancy by a camping unit under the control of a camper.

Care home means an assisted living facility, congregate residences, inpatient/residential hospice, or nursing home, for the twenty-four (24)-hour care of children or the aged, but excluding chemical dependency treatment facilities and inpatient psychiatric facilities.

Carport. A permanent structure consisting of a roof and supported on posts with no more than two walls, used as a minimal shelter for an automobile. It may be freestanding or attached to another structure on one side.

Centerline means a line extended through the midpoint of each end of an airport or military airport runway.

Character means special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest or individuality.

Charitable and philanthropic institution means a private, nonprofit body, association or society not organized for the business of conducting a business, which has no part of its net earnings which inures to the benefit of any individual, and which provides volunteer aid or relief, or religious, social, physical, recreational or benevolent services.

Chemical dependency treatment facility means any facility which provides a structured inpatient treatment program for alcoholism or drug abuse.

Church means a building or structure, or groups of buildings or structures, together with its accessory buildings and uses, where persons regularly assemble for religious worship. The term "church" is also known as a house of worship, mosque, synagogue, or temple.

Cider manufacturer means Any manufacturer located in the State of South Dakota producing cider, as defined in §35-1-1 of SDCL, that is not a micro-cidery.

City means the City of Box Elder or the area within the territorial City limits of the City of Box Elder and such territory outside of this City over which the City has jurisdiction or control by virtue of any constitutional or charter provision, or any law.

Clergy means persons who conduct religious services and undertake the duties prescribed by religious orders or denominations.

Clergy residence means the home of a member of the clergy that may be located on the same parcel as the church, as a customary accessory use.

Clinic means an establishment where patients are admitted for examination, rehabilitation, or treatment on an outpatient basis by chiropractors, dentists, optometrists, physicians, psychologists, social workers, or other medical personnel, and where such examination and treatment generally require a stay of less than 24 hours. The term "clinic" is also known as an ambulatory health care facility. Includes an ambulatory surgical center, birth center, and mental health center.

Club means 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.

Clubhouse means a building, or portion thereof, used by a club.

College/University means an educational institution of higher learning which can consist of an undergraduate division which confers associate and bachelors degrees, and/or a graduate division which includes a graduate school or other professional school.

Collocation means the act of siting telecommunications facilities in the same location on the same support structure as other telecommunications facilities. The term "collocation" also means locating telecommunications facilities on an existing structure, such as a building, water reservoir, or tower, without the need to construct a new support structure.

Commercial use means any activity involving the sale of goods or services carried out for profit.

Commission means the Planning and Zoning Commission of the City of Box Elder.

Community facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.

Community garden means garden plots where community members grow and care for plants for the purpose of consumption, neighborhood beautification, or education.

Community living home means any family-style residence whose owner or operator is engaged in the business of providing individualized and independent residential community living supports for compensation to at least one unrelated adult, but no more than four adults, and provides one or more regularly scheduled health related services, either administered directly or in collaboration with an outside health care provider. This term does not include any setting which is certified or accredited through Chapter §34-20A, Title 27A, or Title 27B of SDCL.

Compatible land use means a use of land or buildings that, in terms of development intensity, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely affect the quality of life of persons in surrounding or nearby buildings.

Complete application means a submission, which includes all information requested on the appropriate forms, and full payment of all applicable fees.

Comprehensive plan means any document which describes in words, and may illustrate by maps, plats, charts, and other descriptive matter, the goals, policies, and objectives of the municipality to interrelate all functional and natural systems and activities relating to the development of the territory under its jurisdiction. May also be called a master plan or general plan.

Concentrated animal feeding operation (CAFO) means a parcel of land, with or without buildings, used or intended to be used for the confined feeding, breeding, raising, or holding of animals in excess of fifty (50) animal units, and specifically designed to store and accumulate animal manure and other waste products in holding areas, feedlots, yards, or lagoons.

Concept plan means a sketch or drawing that may be submitted prior to the preliminary plat for subdivisions to enable a subdivider to reach general agreement with the City staff or the Planning and Zoning Commission as to the form of the plat, the objectives of these regulations, and to receive guidance as to the requirements outlined in this code.

Conditional use means any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.

Condominium means a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structures, common areas, and facilities are owned by all of the owners on a proportional, undivided basis.

Conduct means to carry on or engage in, own, maintain, manage or operate any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in the City.

Congregate residences means apartments or dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, laundry, and other support services appropriate for the residents, and designed to provide a relatively independent lifestyle.

Conservation area means environmentally sensitive areas with characteristics such as steep slopes, wetlands, floodplains, high water tables, forest areas, endangered species habitats, dunes, or areas of significant biological productivity or uniqueness that have been designated by the council for protection from any activity that would significantly alter their ecological integrity, balance, or character.

Construction project means the erection, installation, alteration, repair, or remodeling of a building or structure upon real estate or any other activity for which a building permit is required under this code or an ordinance of the City.

Contractor's shop or storage yard means a lot, or portion thereof, or buildings used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor.

Council means the chief legislative body or governing body of the municipality, also known as the City Council of the City of Box Elder.

County means the county or counties wherein the municipality concerned or affected is located (i.e. Meade or Pennington County).

Coverage, lot, means the lot area covered by all structures located therein, including the area covered by roofs.

Cul-de-sac means a circular area at the end of a dead end street which allows vehicles to turn around.

Dairy farm means any place or premise where one or more cows, sheep, or goats are kept and from which a part or all of the milk or milk products are produced and sold, or offered to sale to a milk plant.

Data center means any facility established for the purpose of processing, storage, retrieval, or communication of data.

Day care center means an establishment providing for the care, supervision, and protection of children as a supplement to regular parental care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for part of a day.

Dealer, Emergency vehicle means any person who converts or manufacturers authorized emergency vehicles and who for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new or new and used authorized emergency vehicles or who is engaged wholly or in part in the business of selling new or new and used authorized emergency vehicles. The term includes the submission of a bid proposal for the sale of a vehicle if the bid proposal is offered in response to a bid request originating in the State. Includes any vehicle preparation, warranty or repair work conducted as an accessory use. Excludes the storage of dismantled or wrecked vehicles, parts thereof or junk.

Dealer, Mobile/Manufactured home means any person, other than a manufacturer of a mobile home or a manufactured home, who sells three or more mobile homes or manufactured homes in any consecutive twelve month period. Excludes the storage of dismantled or wrecked mobile/manufactured homes, parts thereof or junk.

Dealer, Snowmobile/Boat means any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used snowmobiles, or who is engaged wholly or in part in the business of selling new or used snowmobiles and/or boats. Includes any vehicle preparation, warranty or repair work conducted as an accessory use. Excludes the storage of dismantled or wrecked snowmobile/boats, parts thereof or junk.

Dealer, Trailer means any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used trailers, semitrailers, recreational park trailers, or travel trailers or who is engaged in the business of selling new or used trailers, semitrailers, recreational park trailers, or travel trailers whether or not such vehicles are owned by such person. Any person who sells less than three travel trailers in a one year period is exempt, unless the person is licensed as a dealer in another state or holds themselves out as being in the business of selling vehicles. Includes any vehicle preparation, warranty or repair work conducted as an accessory use. Excludes the storage of dismantled or wrecked trailers, parts thereof or junk.

Dealer, Used Vehicle means any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of used vehicles or who is engaged in the business of selling used vehicles; or any person who sells five or more used vehicles or offers for sale five or more used vehicles at the same address or telephone number in any one calendar year. Any person who sells less than five vehicles in a one year period is exempt, unless the person is licensed as a dealer in another state or holds themselves out as being in the business of selling vehicles. Includes any vehicle preparation, warranty or repair work conducted as an accessory use. Excludes the storage of dismantled or wrecked vehicles, parts thereof or junk.

Dealer, Vehicle means any person who for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used vehicles, or who is engaged wholly or in part in the business of selling new, or new and used vehicles. Includes any vehicle preparation, warranty or repair work conducted as an accessory use. Excludes the storage of dismantled or wrecked vehicles, parts thereof or junk.

Deck means an above-grade, roofless platform, either detached (freestanding) or attached to a building, that is supported by pillars or posts.

Density means the number of families, individuals, dwelling units, households, or housing structures per unit of land. The most common standard is dwelling units per acre.

Density capacity means the maximum number of persons permitted by this code which can be accommodated at any one time with a reasonable degree of comfort, safety and convenience.

Developer means any person, firm, partnership, corporation, or association who causes improvements to be constructed and used to be changed, or land to be subdivided for themself or others. This includes an applicant for subdivision approval.

Disability means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the controlled substances act, 21 USC 802.

Distiller means any manufacturer located in the State of South Dakota producing, rectifying, or blending distilled spirits, as defined in §35-1-1 of SDCL, that is not an artisan distiller.

District means a part, section, zone, or geographic area within the city within which the regulations and provisions governing the development and use of buildings or land are uniform for the class of use permitted therein. Also known as a zoning district.

Dormitory means a building or portion thereof used for sleeping purposes in connection with a school, college, or other institution.

Drive-in means an establishment that by design, physical facilities, services, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

Duplex means a building containing only two (2) dwelling units, arranged one above the other or side by side on a single lot, located on a single lot containing two attached, one-family dwelling units totally separated from each other by one or more vertical or horizontal, unpierced, common, fire-resistant walls extending from the basement to the roof or floors.

Dwelling means a structure or portion thereof that is used exclusively for human habitation.

Dwelling, attached, means a building or portion thereof having two or more single-family dwellings attached to each other. Also known as a duplex.

Dwelling, detached, means a building arranged or designed as a dwelling and entirely separated from any other building or structure by space on all sides. Also known as dwelling, single-family.

Dwelling, multifamily, means a building located on a single lot containing three (3) or more dwelling units, including units that may be located one over another, and which can be rented for a period of not less than 28 days. Also known as an apartment house or townhouse.

Dwelling, primary, means a single-family dwelling that is occupied as the primary residence of the owner of record.

Dwelling, single-family, means a building located on a single lot containing one (1) dwelling unit that is not attached to any other dwelling by any means and is surrounded by yards.

Dwelling unit means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the building code, for not more than one family, or a congregate residence for ten or less unrelated persons.

EAFB means Ellsworth Air Force Base.

Easement means a grant of one or more of the property rights by the property owner to or for use by the public or a utility or another person or entity. An easement is self-perpetuating and executed upon the land unless otherwise stipulated.

Educational institution means a public elementary or secondary school or a private educational institution having a curriculum like that ordinarily given in public schools.

Eminent domain means the right of a public entity to acquire private property for public use upon the payment of just compensation.

Encroachment, other than described in AICUZ, means any obstruction or illegal or unauthorized intrusion in a required setback, delineated floodplain or right-of-way, or on adjacent land.

Erosion and sediment control plan means a plan submitted with the preliminary plan and with the construction drawings including narrative and/or drawings prepared by the developer that establish management practices to be employed and temporary and permanent facilities to be installed to control soil erosion and prevent sedimentation impacts to adjacent properties and public facilities during and after the construction of the subdivision.

Excavation means any operation in which earth, rock, or other material in or below the ground is moved or otherwise displaced by means of tools, equipment, or explosives, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving, except:

1. tilling of soil and grading to a depth of twelve inches and the tilling of soil for agricultural purposes to a depth of eighteen inches;
2. pot hole repair and grading of an existing public road if the pot hole repair and grading does not extend more than eighteen inches below the finished roadway;
3. any vehicle operation or operation involving the use of any hand tool, other than a power tool, so long as such operation does not extend more than eighteen inches below the surface of the groundline within the right-of-way;
4. any road and ditch repair or road and ditch activity that does not extend more than eighteen inches below the surface of the original groundline within the right-of-way;
5. digging in a cemetery;
6. digging in a planned sanitary landfill; and
7. any bar test survey deemed necessary by an operator in response to a suspected natural gas, propane, or other combustible liquid or gas leak that is necessary to ensure public safety in an emergency.

FAA means the Federal Aviation Administration.

Factory-built homes means structures built off-site and designed for long-term, single-family residential use. For the purpose of these regulations, factory-built homes are built to existing local and state adopted codes.

Family means an individual, or two (2) or more persons related by blood or marriage, or a group of not more than ten (10) individuals not necessarily related by blood, marriage, adoption, or guardianship, living together in a dwelling unit as a single housekeeping unit. For purposes of this chapter, the term "family" does not include any society, club, fraternity, sorority, association, lodge, federation, or like organization, or any group of individuals who are in a group living arrangement as a result of criminal offenses. In determining whether individuals unrelated by blood are living together as the functional equivalent of a traditional family, the following criteria must be present:

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;

1. The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
2. The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
3. The group is permanent and stable. Evidence of such permanency and stability may include:
   1. The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
   2. Members of the household have the same address for purposes of voters' registrations, drivers' licenses, motor vehicle registrations and filing of taxes;
   3. Members of the household are employed in the area;
   4. The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units;
   5. There is common ownership of furniture and appliances among the members of the household; and
   6. The group is not transient or temporary in nature.
4. Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

Farm Winery means any manufacturer located in the State of South Dakota producing wine, as defined in §35-1-1 of SDCL, in a total quantity not in excess of one hundred fifty thousand gallons within a calendar year, where at least fifty percent of the raw materials used in the finished product are grown or produced in the State of South Dakota, and without the use of wine imported from outside the State of South Dakota.

Feasible means the ability to construct an improvement on a site from the standpoint of physical capabilities. The term "feasible" does not include economic desirability.

Fee schedule means the schedule or any appendix of fees adopted periodically by ordinance of the City Council setting forth various fees charged by the City.

FEMA (Federal Emergency Management Agency) means the federal agency under which the National Flood Insurance Program (NFIP) is administered.

Fence means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Firearm means any handgun, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

FIRM means a flood insurance rate map developed by FEMA.

Flag lot means a building lot with street access, but without street frontage. The flag lot consists of an access portion and a banner portion.

Floor area ratio means the numerical value obtained by dividing the gross floor area of a building located on a lot or parcel of land by the total area of the lot or parcel of land.

Food means any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

Fraternity or sorority house means a building housing the members of a fraternity or sorority group living together under a cooperative arrangement, as distinct from boarding houses or lodging houses.

Freestanding emergency medical care facility means any facility structurally separate and distinct from a hospital that directly receives a person and provides emergency medical care. Also known as urgent care.

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

Frontage, building, means the horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall, or other circulation area open to the general public and that has either the primary window display of the enterprise or the primary public entrance to the building. In industrial districts, the building side with the primary entrance open to employees is the building frontage. Where more than one use occupies a building, each such use having a primary window display or a primary public entrance for its exclusive use is considered to have its own building frontage, which is the front width of the portion of the building frontage occupied by that use.

Frontage, street, means the linear frontage of a lot or parcel abutting a private or public street that provides principal access to or visibility of the premises.

Garage, private, means any garage building or part of a main building used for the storage of vehicles of those persons owning the property or for the storage of those persons occupying the property as their residence. The building shall not be utilized for the purpose of leasing or renting space for storage of vehicles of those other than the owners or the occupants of the primary use of the property.

Garage, public, means any garage not described as a private garage, which is available to the public, and which is used for the storage of motor vehicles.

Garage, repair, means a building which contains facilities for the care, servicing or repair of motor vehicles.

Garbage means animal or vegetable wastes resulting from the preparation, cooking, and serving of food or the storage or sale of produce.

Garbage container means a metal or other non-absorbent container equipped with a tight-fitting metal or non-absorbent lid or sealed plastic garbage bags, but does not include incinerators or ash pits.

Geotechnical report means a report submitted with the preliminary plan, prepared by and stamped by a licensed engineer, practicing in the field of geotechnical engineering, that evaluates the existing soil conditions of the project site prior to new development. The geotechnical report should include descriptions of generalized site conditions, surface and subsurface conditions and recommendations for site preparation, excavation, grading, structural fill, foundation design, seismic considerations, concrete design, concrete and metal corrosion protection, pavement design, and soil moisture control. The report would also include exhibits and appendices showing a vicinity map, site plan, boring locations, boring logs, test results and any other information used by the geotechnical firm in determining his or her design recommendations.

Grade, established, means the elevation of the centerline of highways, streets, and roads as officially established by the City Council, its authorized agent or any public agency having jurisdiction over such highway, street or road.

Grade, finished, means the completed surfaces of lawns, walks and roads brought to grades as shown in official plans or designs thereto. When walls are parallel to and within five feet of a sidewalk, the grade is the sidewalk level.

Grading permit means the instrument used to permit the excavation, grading or fill of earth or other material within the procedures and regulations contained in this chapter. The grading permit is intended to regulate development of residential, public, commercial and industrial properties; grading of land within or adjacent to FEMA designated flood hazard areas and construction of subdivision roads.

Grading plan means a drawing showing the proposed grading of a subdivision in reference to the existing topography of the site.

1. Rough Grading Plan. A drawing submitted with or incorporated into the preliminary plan that shows existing contour topography overlaid with approximate proposed grading information including contour topography, retaining wall locations, and slopes for the subdivision area.
2. Final grading plan. A drawing submitted with the construction drawings showing the proposed grading of a subdivision site by identifying contour topography, spot elevations, slopes, curb elevations, road grades, road profiles, building pad elevations, cross sections, retaining wall elevations etc., to the hundredth of a foot for existing and proposed conditions.

Grass means a type of living ground cover with an upright or tufted growth habit.

Gravel pit means all sites where gravel or minerals will be extracted by an open pit method; to all sites where such extracted earth products are stockpiled; and to sites where overburden and leftover earth materials are placed in waste dumps.

Greenways means linear open spaces that link parks and neighborhoods within the community, such as paths or trails.

Guest means an occupant of a rental unit of a lodging establishment.

Guest room means a room occupied or intended for sleeping, arranged or designed for occupancy by one or more guests.

Hazardous material means material (in gaseous, liquid, solid, particulate or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic or psychological well-being of individuals.

Historical monuments or structures means any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics or mementos of such event or period are housed and preserved.

Home occupation means any activity carried out for gain by a resident and conducted in the resident's dwelling unit.

Hospital means any establishment with an organized medical staff with permanent facilities that include inpatient beds and is primarily engaged in providing by or under the supervision of physicians, to inpatients, any of the following services: diagnostic or therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or sick persons; obstetrical services including the care of the newborn; or rehabilitation services for injured, disabled, or sick persons. In no event may the inpatient beds including nursing facility beds or assisted living center beds unless the same are licensed as such pursuant to SDCL §34. Includes a critical access hospital, and rural emergency hospital.

Hospital, critical access means any nonprofit or public hospital providing emergency care on a twenty-four hour basis located in a rural area that has limited acute inpatient services, focusing on primary and preventative care and that has in effect an agreement with a general hospital that provides emergency and medical backup services and accepts patient referrals from the critical access hospital. For the purposes of this regulation, a rural area is any municipality under fifty thousand population.

Hotel means a facility offering transient short-term (not more than 28 days) guest lodging accommodations to the general public, and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.

Hotel room, motel room, or other accommodation means any room or other accommodation in any hotel, motel, guest house, or any such similar place to any person who, for a consideration, uses, possesses, or has the right to use or possess such room or other accommodation for a total continuous duration of less than 28 days.

Household pets means animals or birds ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a "kennel", as defined in this section.

Improvement means changes and additions to land necessary to support the development or use of real property, such as, but not limited to, boulevards, bridges, culverts, curbs and gutters, electrical transmission and service lines, natural gas lines, potable water mains and service lines, sanitary or storm sewers, sidewalks, street grading and surfacing, street lights, survey monuments, telephone lines, and other similar items.

Incidental means subordinate and minor in significance and bearing a reasonable relationship to the primary use.

Industry, light means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment entirely within an enclosed structure, with no outside storage, serviced by small (3/4 ton) trucks or vans, and imposing a nearly negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants.

Industry, medium means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure, or an open yard that is capable of being screened from neighboring properties, is serviced by trucks or other vehicles, and whose impact is within the standards as outlined in this title.

Infrastructure means construction such as but not limited to streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, and water, sewer and gas systems or parts thereof.

Ingress means an entrance subdivision street accessing an existing city street.

Inpatient hospice means any facility which is not part of a hospital or nursing home which is maintained and operated for the express or implied purpose of providing all levels of hospice care to terminally ill individuals on a twenty-four hour per day basis.

Inpatient psychiatric facility means a public or private facility or unit thereof which provides mental health diagnosis, observation, evaluation, care, treatment, or rehabilitation when the individual resides on the premises including a hospital institution, clinic, mental health center or facility, or satellite thereof. An inpatient psychiatric facility may not include a residential facility which functions primarily to provide housing and other such supportive services when so designed by the Department of Social Services.

Intersection means the area embraced within the prolongation or connection of the lateral curb lines of two streets that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict, whether or not one such street crosses the other; but the term "intersection" does not include the junction of any alley with a street. If a street includes two roadways 30 feet or more apart, every crossing of each roadway of such divided street by an intersecting street is a separate intersection. If such an intersecting street also includes two roadways 30 feet or more apart, every crossing of such streets is a separate intersection. The farthest applicable points shall be used when measuring.

Junk means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale, or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition.

Junkyard/salvage yard means any land or building commercially used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage or salvaging of motor or other vehicles not in running condition, and machinery or parts thereof.

Kennel means an establishment in which four (4) or more dogs, each more than six (6) months of age, are housed, kept, or boarded.

Land use application means an application required by this chapter.

Landing means a platform not covered by a roof, awning, or canopy that is no more than eight feet in width and extends no more than six feet into the required setback. The means of access to the landing, whether by steps or ramp, is exempt from the six-foot restriction in this definition. Landings and their means of access are not to be included in the calculation of lot coverage.

Landscaping means any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) or nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials). Landscaping may include the preservation and incorporation of existing trees, vegetation, or ecosystems into site development.

Laundromat means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public.

Law means any regulation, ordinance, provision of this Code, or charter provision of the City; any rule, statute, or constitutional provision of the state which is binding; and any regulation, statute, or constitutional provision of the United States which is binding on the state or its cities.

Leather and hide tanning and finishing means an establishment primarily engaged in one or more of the following: tanning, currying, and finishing hides and skins; having other process hides and skins on a contract basis; and dyeing or dressing furs.

License, business, means the written authority of the City issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation or business for a definite period of time within the City, under the conditions prescribed by this code.

Live Ground Cover means a low-growing plant that spreads across the ground forming dense soil coverage, includes grasses, legumes, forbs and woody plants.

Livestock means any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets. Livestock includes cattle, sheep, horses, mules, swine, goats, and buffalo.

Loading space means a space within the main building or on the same lot therewith providing for the standing, loading, or unloading of a truck.

Local improvement means a public improvement provided to a specific area benefiting that area and usually paid for by special assessment on the benefiting property owners; a parcel of land held under unified ownership in fee or co-tenancy, or under legal control tantamount to such ownership, considered as a unit used or proposed to be used for a certain use, or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having at least the minimum areas required by this chapter for a lot in the district in which the same is situated, and having its principal frontage on a public highway, road, street or private road or right-of-way deemed adequate by the public agency having jurisdiction.

Loft means a floor level located more than 30 inches above the main floor, open to the main floor on one or more sides with a ceiling height of less than 6 feet 8 inches, and used as a living or sleeping space.

Lot is synonymous with the terms "plot" and "parcel." A parcel of land occupied or to be occupied by a main building or group of buildings (main and accessory), together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street. More than one dwelling structure may be built on a lot only in cases where the lot is of such size as to provide such required lot area, yards and frontage for each dwelling structure as are required for the first dwelling structure on the lot.

Lot area means the total area within the lot lines of a lot, excluding any street rights-of-way.

Lot, corner, means a lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.

Lot, coverage, percentage of, means the permissible percentage of lot area which may be covered by buildings, including covered porches and accessory buildings.

Lot depth means the average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

Lot, double frontage, means a lot which runs through a block from street to street and which has two non-intersecting sides abutting on two or more streets.

Lot frontage means the length of the front lot line measured at the street right-of-way line.

Lot, front of, means the line of an interior or through lot which abuts a street; in a corner lot, the term "front of lot" means the shortest line that abuts a street. When the lines are of equal length, the lot shall be considered to front on that street having the longest block frontage.

Lot, improved, means a lot with buildings or structures.

Lot, interior, means a lot other than a corner lot. An interior lot shall be deemed to have one front yard, two side yards, and one rear yard.

Lot line means a line of record bounding a lot that divides one lot from another lot or from a public street or any other public space.

Lot line, front, means the lot line separating a lot from a street right-of-way.

Lot line, rear, means the lot line opposite and most distant from the front lot line. In those cases where a lot has more than one front lot line, side lot lines shall be designated at a ratio of one side lot line per front lot line, and the remaining undesignated lot lines shall be designated as rear lot lines.

Lot line, side, means any lot line other than a front lot line or rear lot line.

Lot, manufactured home, means a designated area of land within a manufactured home park, to be separately leased or rented for the placement of a manufactured home to be used as a residence.

Lot, net area of, means the total horizontal area included in the rear, side and front lot lines or proposed street lines. No alley, street, public way, private right-of-way, public land or any area proposed for the foregoing purposes shall be included in determining the net area of the lot.

Lot of record means land designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed filed among the land records in the office of the registrar of deeds for Meade County and Pennington County.

Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

Lumberyard means an area and structures used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products.

Malt beverage manufacturer means any manufacturer located in the State of South Dakota producing malt beverages, and defined in §35-1-1, that is not a microbrewery.

Manufactured home means a structure, transportable in one or more sections, which section is eight body feet or more in width or forty body feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; 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; and which contains the plumbing, heating, air conditioning, and electrical systems therein. The term includes any structure which meets all the requirements of Title §32 of SDCL and any structure which has been certified by the Secretary of Housing and Urban Development. The term does not include a recreational park trailer.

Manufactured home skirting means a solid border constructed around the perimeter of a manufactured home from the bottom of the manufactured home to the finished grade.

Manufactured home subdivision means any area, tract, site or plot of land subdivided for the purposes of individual ownership of separate lots, on which any number of lots or mobile homes may be provided for, including accessory uses.

Manufactured/mobile home park (MHP) or mobile/manufactured home court means any area, tract, site or plot of land established before January 1, 2016, and designed, used, or intended to provide a location or accommodation for one or more manufactured homes, and which has three or more lots or parcels of land which are under common ownership and on which manufactured homes are to be placed or located for year-round occupancy; this is despite the lot or tract or any part thereof being held or operated for profit. The term "manufactured/mobile home park" or "mobile/manufactured home court" excludes RVs (recreational vehicles) and automobile or mobile home sales lots on which mobile homes are parked only for inspection and sale.

Manufacturing means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, metals, resins, or liquors.

Mental health center means any private nonprofit organization which receives financial assistance from the State of South Dakota or its political subdivisions and which is established or organized for the purpose of conducting a program approved by the Department of Social Services for the diagnosis and treatment, or both, of persons with mental and emotional disorders.

Microbrewery means any manufacturer located in the State of South Dakota producing malt beverages, as defined in §35-1-1 of SDCL, in a total quantity not in excess of thirty thousand barrels within a calendar year.

Microcidery means any manufacturer located in the State of South Dakota producing cider, as defined in §35-1-1 of SDCL, in a total quantity not in excess of twelve thousand barrels within a calendar year.

Military airport means any military air base, air station, airfield, or other area, publicly or privately owned, that is designed, set aside, and operated by the state, a political subdivision of the state, or the United States, for civil or national defense, or for any federal program relating to flight, or for the operation of military aircraft, and used in the interest of the public for those purposes.

Milk plant means any place where milk or a milk product is delivered or processed for commercial purposes.

Minimum floor elevation means the lowest elevation permissible for the construction or other placement of any floor, including a basement floor.

Mining operation means the development or extraction of a mineral from its natural occurrence on affected land as that term is defined in §45-6B-3 of SDCL. The term includes surface mining and surface operation, in situ mining, the reprocessing of tailings piles, the disposal of refuse from underground mining, milling and processing located on the land described in the application for a mining permit, and stand-along milling and processing facilities utilizing chemical or biological leaching agents. The term does not include extraction of sand, gravel, or rock to be crushed and used in construction, exploration activities, bulk sampling, the exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe, borrow excavation for embankments, or the extraction of geothermal resources.

Mixed use means a building, structure or premises occupied by or used by two (2) or more principal types of use, any of which is permitted in a district independent of other uses.

Mobile branch bank means a branch bank that does not have a single, permanent site and uses a vehicle that travels to various locations to enable the public to conduct banking business. A mobile branch bank may serve defined locations of a regular schedule or may serve a defined area at varying times and locations.

Mobile home means a movable or portable unit, designed and constructed to be towed on its own chassis (consisting of a frame and wheels), and designed to be connected to utilities for year-round occupancy. The term "mobile home" includes units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity, and units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.

Modular home, also called sectional home, means any home pre-built in whole or in part for the purpose of permanent placement on a foundation. The term "modular home" does not include manufactured or mobile homes as defined in this section.

Monopole means a single, freestanding pole-type structure supporting one or more antennas.

Monument means a permanent survey marker established by a licensed surveyor and shown on a final plat with state plane coordinates, and/or a survey marker set in accordance with engineering specifications.

Motel, motor court, motor hotel, or motor lodge means a building in which lodging and boarding are offered to the public for compensation, and which has a separate entrance to the exterior from each unit, with at least one parking space for each unit.

Motor home means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use.

Motor vehicle means all land vehicles propelled or drawn by other than muscular power.

Multi-use building means a building containing two or more distinct uses.

Neighborhood services means limited types of retail and service establishments, office, and personal services which are intended for the use of nearby residential neighborhoods for the purpose of supplying day-to-day needs, professional services and neighborhood oriented personal services. Typical uses should not exceed 2,000 square feet of gross floor area, nor have any outdoor storage.

Neighborhood shopping center means a building containing three or more tenant spaces of retail, personal service or restaurant use sharing off-street parking in the open between the building and the street. Neighborhood shopping centers do not exceed 60,000 square feet of gross floor area. Multi-tenant retail, personal service or restaurant use buildings or building complexes without parking, with enclosed parking, or with parking screened from the street by the building shall not be a neighborhood shopping center.

Newspaper means a publication, having been in existence for at least six months, regularly printed and distributed no less than once a week, which contains news, opinions, advertisements, and other items of general interest.

Non-commencement means the failure to begin, or the discontinuation of, construction activity that would make a material change in a structure as evidenced by the cancellation, lapsing, or revocation of a building permit; or the failure to begin, or the discontinuation of, any other land use activity that would make a material change in the use of land.

Noncomplying structure means a structure that:

1. Legally existed before its current land use designation; and
2. Because one or more subsequent land use ordinance changes to governing law, does not conform to the setback, height restrictions or other regulations, excluding those regulations which govern the use of land.

Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption of the ordinance from which this chapter is derived, but that fails by reason of such adoption to conform to the present requirements of the zoning district.

Nonconforming structure means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption of the ordinance from which this chapter is derived, but that fails by reasons of such adoption to conform to the present requirements of the zoning district.

Nonconforming use means a land use that:

1. legally existed before its current land use designation;

2. has been maintained continuously since the time the land use ordinance governing the land changed; and

3. does not conform to the regulations that now govern the use of land because of one or more subsequent changes to governing law.

Notice or legal notice means any requirement for informing a person, a segment of the public, or the public generally. A notice required to be published may be published in any newspaper of general circulation unless otherwise required by charter, this Code, or an ordinance.

Nursery, retail, means the growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and ancillary products, to the general public.

Nursery, wholesale, means the growing, cultivation, storage, and sale of garden plants, flowers, trees, and shrubs to landscapers, developers, builders, and retail nurseries.

Nursing home means any facility that is maintained and operated for the express or implied purpose of providing care to one or more persons whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician on a twenty-four hour per day basis; or a facility that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the degree of care and treatment that a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services that can be made available to them only through institutional facilities.

Obstruction, other than described in AICUZ, means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow or water might carry the same downstream to the damage of life or property.

Occupant means any person living in, sleeping in, possessing, or otherwise using any land, building, or part thereof.

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, or industry, and generally furnished with desks, tables, files, and communication equipment.

Official map means a map drawn by the City and recorded with the County that:

1. Shows actual and proposed rights of way, centerline alignments and setbacks for highways and other transportation facilities;
2. Provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
3. Has been adopted as a part of the comprehensive plan.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests. Permitted improvements include walking paths, trails, and sitting areas with benches and chairs only.

Open space, usable, means an open space within a lot, tract, parcel, or development site, excluding areas devoted to roadways and parking. At least one-half of all areas shall be designated as usable.

Outdoor storage means the keeping, in an area outside of a building, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Overhang means the part of a roof or wall that extends beyond the facade of a lower wall.

Overlay zone means a zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond those required for the underlying zones.

Owner means a person as defined by this Code, who, alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor, or trustee), has legal or equitable title to any property in question.

Parapet means the extension of the main walls of a building above the roof level.

Park means a plot of land that is landscaped, maintained as open space, serves a neighborhood, and is used as an informal gathering place for relaxation and play.

Park model recreational vehicle means a unit that:

1. is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
2. is not permanently affixed to real property for use as a permanent dwelling;
3. requires a special highway movement permit for transit; and
4. is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.

Parking area, private, means a parking area for the exclusive use of the owners or occupants of the lot on which the parking area is located.

Parking area, public, means a parking area other than on a street available to the public, with or without payment of a fee.

Parking facility means an approved, hard-surfaced open or enclosed off-street parking area or structure where licensed and operable motor vehicles are temporarily parked for a fee or allowed without a fee by a public entity.

Parking lane means a lane designed to provide on-street parking.

Parking lot means an off-street facility including parking spaces along with adequate provisions for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six motor vehicles or trailers.

Parking space means an off-street, surface area of not less than 200 square feet (ten feet wide by 20 feet long) for the parking of a motor vehicle within a public or private parking area, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having access to a street or alley.

Party wall means a common wall shared by two attached structures, buildings, or dwelling units.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal services means establishments primarily engaged in providing services involving the care of a person or his apparel such as barber shops, beauty shops, clothing rental shops, coin-operated laundries, dress makers, dry cleaners, garment services, health clubs, photographic and art studios, shoe repair shops, tailors, and tanning salons.

Pharmacy means an establishment where drugs and medicines are prepared and dispensed.

Phased subdivision means conventional subdivisions that are proposed to be completed in designated phases.

Planning director means the authority charged with the administration and enforcement of this chapter, as designated by the City council.

Plat means a map or representation on paper, of a piece of land subdivided into lots, parcels, tracts, or blocks, including streets, commons, and public grounds, if any, all drawn to scale.

Plot plan means a diagram of a lot, as seen from above, showing the outline of all structures on the lot and indicating the distance of the structures from the borders of the lot.

Porch means a roofed, open area which may be screened, attached to, or part of a building and with direct access to or from the building.

Premises means a lot, parcel, plot, or tract of land together with the buildings and structures thereon.

Primary, primarily, principal, or principally means more than half, if used in a quantifiable context, and first in rank, importance, or value, if used in a context where ranking is possible but quantification is not.

Primary surface means the limits of the obstruction clearance requirements in the immediate vicinity of the landing areas which consists of the runway, runway shoulders, and lateral safety zones and extends 200 feet beyond the runway end of an airport or military airport.

Principal entrance means the place of ingress and egress used most frequently by the public.

Principal or Primary use means the specific primary purpose for which land or a building is utilized.

Private club or lodge means a building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, education, recreational, or cultural enrichment of its members and not primarily for profit, and whose members pay dues and meet certain prescribed qualifications for membership.

Private drive means a non-dedicated thoroughfare or road used exclusively for private access to and from private land or developments.

Professional service means commercial transactions characterized primarily by the providing of service directly to the customer, patient, or client where any goods provided are incidental to the service provided.

Prohibited use means a use that is not permitted in a zoning district.

Property means real, tangible, and intangible personal property.

Property line means the boundary line of a parcel or lot.

Proximate cause means that which, in natural and continuous sequence, unbroken by an efficient, intervening cause, produced the result complained of and without which the result would not have occurred.

Public authority means the city, county, state or federal governments, any of their agencies or instrumentalities, and any bodies or officials thereof possessing power or authority delegated by the public authority.

Public building means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

Public hearing means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.

Public meeting means a meeting that is required to be open to the public.

Public grain warehouse means any public warehouse where grain is received for storage for hire. A public grain warehouse may also purchase, receive or handle grain in accordance with the provisions of SDCL Chapter §49-45 relating to grain buyers.

Public library means any library that serves free of charge all residents of a local governmental unit and receives its financial support in whole or in part from public funds made available by the governing body of that unit.

Public right-of-way means the entire area between property boundaries which is owned by a government, dedicated to public use, or impressed with an easement for public use; primarily used for pedestrian or vehicular travel; and publicly maintained, in whole or in part, for such use. The term "public right-of-way" includes, without limitation, the public street, shoulder, gutter, curb, sidewalk, sidewalk area, parking or parking strip, and any other public way.

Public storage warehouse means a warehouse where any personal property except grain is received for storage for hire and that generates more than five thousand dollars in gross income from storage for hire per calendar year. A public storage warehouse does not include self-storage units where the depositor’s personal property is kept separate from the personal property of other depositors.

Public uses means public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

Public utility means a corporation, its lessees, its trustees and receivers, operating, maintaining or controlling in the State of South Dakota after July 1, 1967, equipment or facilities for the production, generation, transmission or distribution at retail of gas or electric service for the public and in the transmission and distribution using, or having a right to use, public roads, streets, alleys, or other public ways for the purpose of constructing, using, operating or maintaining wires, pipes, conduits or other facilities, which corporation is organized under the provisions of §49-33 of SDCL or is qualified in accordance with the provisions of §47-1A-1501 to §47-1A-1532, inclusive, as a foreign corporation authorized to transact business in the state.

Public utility easement means a right granted by an owner of property to a public utility or governmental agency to erect and maintain poles, wires, pipes, or conduits on, across or under the land for telephone, electrical power, gas, water, sewer, or other utility services.

Radio or television broadcasting station means an establishment engaged in transmitting oral and visual programs to the public and which consists of a studio, transmitter, tower, and antennas.

Railroad means any association or corporation, or other entity, other than a state agency or authority, engaged in operating a common carrier as defined in §49-16A-1 of SDCL by rail regardless of motive power used, excluding street railroads.

Rail yard means the use of land, or building or structure or part thereof for activities directly associated with the operation of a railroad or railway. Without limiting the generality of the foregoing, such activities may include loading and off-loading freight, and maintenance and repair of railroad or railway cars.

RCRA means the Rapid City Regional Airport.

Reasonable use doctrine means a common law principle that prohibits the use of one's property in such a way as to deprive others of the lawful enjoyment of their property.

Record of survey map means a graphic illustration of a survey of land prepared in accordance with state laws.

Recreation facility means a place or area designed and equipped for the conduct of sports and leisure-time activities (e.g., country clubs, riding stables, golf courses, and any other recreational facilities or centers, public or private).

Recreational vehicle means any vehicle or structure capable of being mounted on, attached to or towed with a hitch by a conventional motor vehicle; and for which no special road travel permit is required; and having a body width not exceeding eight feet exclusive of appendages (door knobs, handles, window or door sills, vents, etc.); and including travel trailers, camping trailers, fifth wheel trailers, pickup campers, and motor homes; and intended for temporary or transient living or sleeping quarters.

Recreational vehicle park (RV park) means any lot or parcel of land upon which two or more sites are located, established, or maintained for occupancy by recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes.

Regulatory flood means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The regulatory flood generally has a frequency of approximately 100 years, determined from an analysis of floods on a particular stream and other streams in the same general region.

Religious use means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held.

Research laboratory means a facility for investigation into the natural, physical, or social sciences, which may include engineering and product development.

Residence means a home, abode, or place where an individual is actually living at a specific point in time.

Residential means land designated in the city or county comprehensive plan and zoning ordinance for buildings consisting primarily of dwelling units. May be improved, vacant, or unimproved land.

Residential density means the number of dwelling units per acre of residential land.

Residential hospice means any facility which is not part of a hospital or nursing home which is maintained and operated for the express or implied purpose of providing custodial care to terminally ill individuals on a twenty-four hour per day basis.

Restaurant means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building.

Retail cluster shopping center means a shopping center containing less than sixty thousand (60,000) square feet of gross floor area, but without common open parking between the building and the street.

Retail or service establishment means an establishment, 75 percent of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry.

Rezone means to change the zoning district classification of particular lots or parcels of land.

Rezoning application means a request for a change of zoning district to permit new uses, prohibit one or more current uses, or amend the current requirements.

Right-of-way lines means the lines that form the boundaries of a right-of-way.

Road, right-of-way width means the distance between property lines measured at right angles to the centerline of the street.

Roof means the outside top covering of a building or structure.

Rubbish means and includes paper, boxes, and cartons, all household wastes other than garbage, grass clippings, tree leaves, waste building materials or similar materials not regulated by the Environmental Protection Agency.

Rubble means stone, brick, concrete, or similar inorganic material, excluding ash, asphalt, waste tires, trees, yard waste, regulated asbestos-containing waste materials, and solid waste.

Rubble site means a specific portion of a parcel of land used to stockpile and bury rubble.

Runway means a defined rectangular area, with no curves or tangents, of an airport, prepared for the landing and taking off of aircraft along its length.

Rural emergency hospital means any nonprofit or public health care facility previously licensed as a hospital that provides emergency care on a twenty-four hour basis, is located in a municipality under fifty thousand population that has no acute inpatient services, and has in effect a transfer agreement with a level I or II trauma hospital, as designated by the South Dakota Department of Health, to accept patients from the rural emergency hospital.

Sand and gravel operations means the removal, extraction, truck hauling, crushing, processing, excavation and/or production of sand, gravel, rocks and similar mineral products.

Sanitary sewer means a city or community sewage disposal system of a type approved by the state department of environment and natural resources.

Sawmill means a permanent operation or facility which has as its predominant purpose, the sawing, splitting, shaving, chipping of timber or planning of logs or trees into rough slabs or semi-finished products.

School, private, means an institution of learning that is not tax-supported, including colleges and universities.

School, public, means a tax-supported institution of learning, including colleges and universities.

Screening means a method of visually shielding or buffering one abutting or nearby structure or use from another by the installation of fencing, walls, berms, or densely planted vegetation.

Self-storage facility means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes that are available for lease or rent for varying periods of time.

Semitrailer means any vehicle of the trailer type equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.

Setback means the horizontal distance between a building (measured from the building line at grade) and a lot line.

Setback line means the line that is the required minimum distance from any lot line and that establishes the area within which the principal structure may be erected or placed.

Sewage, private, means an on-site method of sewage treatment, designed, installed, operated and maintained by the owner of the premises in accordance with the requirements and standards of the department of environment and natural resources.

Sewage, public, means a sanitary system owned, operated and maintained by a public agency, where waterborne wastes from sanitary facilities in dwellings, accessory buildings, business or industrial establishments or any combination thereof are conducted through pipes to a sewage treatment plant and disposal system approved by the department of environment and natural resources as to design and construction and operated and maintained in accordance with the standards and requirements of the department.

Shed means an accessory structure or building used primarily for storage purposes.

Shopping center means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

Shrub means a woody plant that usually remains lows to the ground, with a minimum of two (2) feet in height, and produces shoots or trucks from the base. It is not usually treelike or single-stemmed.

Short-term rental means a residential structure located on a legal lot and offering transient lodging accommodations in separate guest rooms and where meals may be provided. It is the rental of any house or part of a house for less than 28 days. Applicants must meet all applicable requirements of the building code and Land Use Ordinances, as adopted by the City.

Sidewalk means a slab of concrete utilized for pedestrian foot traffic, which is located within the public right-of-way.

Sidewalk area means the area between the curb of a street and the adjacent property line.

Sidewalk cafe means a restaurant with tables on the sidewalk in front or on the side of the premises.

Sidewalk display means the outdoor display of merchandise for sale for business use.

Sidewalk sales means retail sales of a short-term and temporary nature conducted on the sidewalk or adjacent to the indoor establishment of the tenant or owner without permanent improvement made to the site.

Site plan means a plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regulations. The term "site plan" includes lot lines, streets, building sites, reserved open space and other specific development proposals, similar to a plot plan.

Sight distance means the extent of unobstructed vision in a horizontal and vertical plan.

Sight triangle means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (Distances for different roadway types are calculated by AASHTO standards).

Sign means any identification, description, illustration, or device, illuminated or non-illuminated, which directs attention to a product, service, place, activity, person, institution, business, opinion, or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, billboard, pennant, placard, or temporary structure designed to advise, identify, or convey information.

Site development standards means regulations unique to each zone concerning standards for development including, but not limited to lot areas, setbacks and building height.

Similar use means a use that has the same characteristics as the specifically-cited use in terms of trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and market area.

Slaughter of animals means the killing of livestock or poultry for processing for human consumption.

Animal clinic means an establishment operated by a licensed veterinarian where animals and household pets are treated for injuries and diseases on a primarily outpatient basis, although temporary indoor kenneling of recovering animals is allowed.

Spot zoning means the singling out of a lot or a small area for a zoning change which is out of harmony with the comprehensive plan and surrounding land to secure special benefits for a particular property owner without regard for the rights of adjacent landowners.

Spread means the diameter of tree foliage measured at the broadest point of the tree.

Square footage means the gross constructed area of all buildings and structures covered by a solid or screened roof and totally or partially enclosed by walls or other material. Nonresidential outdoor areas covered or uncovered which functionally extend the primary use, such as open seating and open retail are included, except that uses which generally completely occur outdoors, such as vehicle or monument sales, nurseries, gasoline sales, salvage yards, and outdoor storage, are not included. Nonresidential canopies and screened enclosures which functionally extend the primary use are included. Decorative canopies or canopies designed to protect from weather are not included.

Stable means any premises or part thereof where horses or other equine animals are boarded, cared for, maintained, or trained for a fee.

Stealth telecommunications facility means a telecommunications facility that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer.

Steep slope means land areas where the slope of the ground exceeds 20 percent.

Stockyard means a lot or building in which transient cattle, horses, sheep, or swine are temporarily kept for market, shipping, or slaughter.

Story means that portion of a building included between the surface of any floor and the surface of the next floor 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 usable or unused under-floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter, or is more than 12 feet above the grade, as defined herein, at any point, such usable or unused under-floor space shall be considered as a story.

Story, first, means the lowest story in a building that qualifies as a story as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point.

Story, half, means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such a story.

Street means any public thoroughfare that affords the principal means of access to abutting property. The term "street" may be used interchangeably with avenue, boulevard, drive, highway, road or roadway or similar uses. All streets must be within a platted public right-of-way.

Street, centerline of, means line established as a centerline of a street by the City Council, or any state, county, or other official or public agency having jurisdiction thereof and shown as such on an officially adopted or legally recorded map, or if there is no centerline established or if there exists conflict among several maps, the centerline of a street shall be the line lying midway between the street right-of-way lines thereof. When the street lines are indeterminate and pavement or a well-defined traveled way exists, the centerline is assumed to be a line midway between the edges of such pavement or traveled way.

Street furniture means constructed, above-ground objects such as bollards, bus shelters, fountains, kiosks, outdoor seating, planters, sculptures, telephone booths, and trash receptacles that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to and used by the public.

Street grade means the officially established grade of the street upon which a lot fronts, or in its absence, the established grade of other streets upon which lots abut at the midpoint of the frontage of the lot thereon. If there is no official established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

Street hardware means mechanical and utility systems, usually located within a street right-of-way, such as directional signs, hydrants, lighting standards, manhole covers, traffic signals, and tree grids.

Street intersection means any street which joins another street at an angle, whether or not it crosses the other street.

Street line means the legal boundary line where the street right-of-way line and the property line of the abutting property coincide.

Street, private, means a thoroughfare which affords the principal means of access to abutting property and is not maintained by a public entity.

Street, public, means any existing public or dedicated right-of-way, approved and accepted by the common council for public maintenance.

Streetscape means a design term referring to all of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street furniture, street paving, landscaping (including trees and other plantings), awnings and marquees, signs, and lighting.

Strip commercial development means commercial or retail uses, usually one story high and one store deep, that front on a major street.

Structural alterations means any change in supporting members of a building, such as bearing walls, columns, beams or girders.

Structure means a combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Fences, walls used as fences, poles, lines, cables, mains, or other transmission or distribution facilities of public utilities are not considered to be structures under this definition.

Subdivision means the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development and includes resubdivision. This definition does not apply to the conveyance of a portion of any previously platted tract, parcel, lot, or site if the conveyance does not cause the tract, parcel, lot, or site from which the portion is severed to be in violation of any existing zoning ordinance or subdivision regulation applying to such tract, parcel, lot, or site.

Subdivision, major means all subdivisions of three or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the general plan, official zoning map and streets master plan, or these regulations.

Subdivision, minor means any subdivision containing less than five (5) lots that may require the recordation of a plat and all or part of the development requirement of a major subdivision, and not in conflict with any provision or portion of the general plan, official zoning map, streets master plan or these regulations.

Subdivision plat means the final map or drawing, on which the applicant’s plan of a subdivision is presented to the City Council for approval and which, if approved, may be submitted to the Register of Deeds for filing.

Substantial improvement means any extension, repair, reconstruction, or other improvements of a property, the cost of which equals or exceeds 50 percent of the assessed value of a property either before the improvement is started or, if the property has been damaged and is being restored, or before the damage occurred.

Supermarket means a retail establishment primarily selling food as well as other convenience and household goods.

Support structure means a structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, and other freestanding self-supporting structures.

Surface mining means the mining of minerals by removing the overburden lying above such deposits and mining directly from the deposits thereby exposed. The term includes mining directly from such deposits where there is no overburden and such practices as open cut mining, open pit mining, strip mining, placer mining, quarrying, and dredging.

Tank farm means an open-air facility containing large, above-ground containers for the bulk storage of material in liquid, gaseous, powder, or pellet form.

Tattoo establishment means the building or structure where tattooing is practiced.

Tattooing means to make marks or designs into the skin by puncturing it and inserting indelible colors. The term includes microblading and similar techniques used to partially or fully simulate natural hair.

Tavern means an establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold.

Telecommunications facility (TF) means any unmanned facility established for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular telephone service, personal communications service (PCS), or paging service. A telecommunications facility can consist of accessory equipment, a support structure, and one or more antennas. The following are not considered to be telecommunications facilities: antennas or satellite dishes used by residential households for radio and television reception; commercial television and radio broadcast towers and associated facilities; and ham radio or amateur radio facilities.

Telecommuting means an arrangement for performing work at a location other than the primary work location, such as at home or in a satellite office, and sending and receiving material by telephone, e-mail, fax, or other electronic means.

Temporary housing means any mobile home, tent, camper, or other structure used for human shelter that is designed to be transportable and is not connected to another structure or to any utilities system.

Temporary outside displays and sales means the display or sale of goods or merchandise not in or from an enclosed permanent building to be conducted for no more than 24 days at a single location, one time in a calendar year.

Temporary structure means any structure, building or edifice which is not placed on a foundation and is utilized for a period of less than 30 days.

Tent and tent activities means any canopy, temporary structure, enclosure or shelter constructed of fabric or pliable material. Tents, canopies and temporary membrane structures shall not be used for a period of more than 30 days at a single location.

Terrace means a level, landscaped, or surfaced area, also referred to as a patio, directly adjacent to a principal building, at the finished grade, and not covered by a permanent roof.

Theater means a building or part of a building used to show motion pictures or for dance, drama, musical, or other live performances.

Tiny home means a dwelling that is 400 square feet or less in floor area excluding lofts, installed on a permanent foundation, designed and intended as a permanent, year-round residence for one (1) single family. A tiny home does not include a park model recreational vehicle.

Tiny home community/village means a single parcel of land, not organized as a subdivision, containing more than one tiny home and no other type of dwelling unit.

Tower means a monopole or lattice-type structure, guyed or freestanding, that supports one or more antennas or wind energy generators.

Townhouse means a single-family dwelling unit in a row of three (3) or more attached units, in which each unit has its own access to the outside on at least two (2) sides, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical, un-pierced, common, fire-resistant walls. Also known as single-family attached dwellings or zero lot line homes.

Transient/temporary merchant means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling or delivering goods, services, wares and merchandise, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, shop or any street, alley or other place for the exhibition and sale of such goods, wares and merchandise, privately, provided that the term "transient/temporary merchant" shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery. The term "transient/temporary merchant" shall include the terms "itinerant merchant" and "itinerant vendor."

Transitional surface means a portion of the airspace, defined by the FAA, as the lowest altitude for an aircraft to use and to safely transition between the primary surface and the approach clearance surface, or between other surfaces. This surface (altitude) increases at a constant rate as it goes outward and upward from the runway surface of an airport or military airport.

Travel trailer means a camping trailer, or fifth wheel trailer. A portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit from the State when drawn by a self-propelled motor vehicle.

Tree means any self-supporting woody plant which usually produces one (1) main trunk and which normally grow to a minimum of fifteen (15) feet in height.

Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.

Use means the principal purpose by right for which a lot or the main building thereon is designed, arranged or intended and for which it may be used, occupied or maintained.

Use, accessory, means a subordinate use which is incidental to and customarily found in connection with the principal use, and located on the same lot with the principal building or use. An accessory use shall not exceed one-fourth of the use or area of the main business or building.

Use, nonconforming, means a use of a building, structure, parking lot, sign or portion thereof which was lawfully established but which, due to the application of this chapter, no longer conforms to the regulations of the zone in which it is located, as defined in this chapter.

Use, permitted, means a use which is listed as permitted by right in a zoning district. Nonspecified uses which are similar to those specified are also permitted by right, except as otherwise restricted within this chapter.

Use permitted on review. See conditional use.

Used or occupied, as applied to any land or building, means and includes the term "intended, arranged or designed to be used or occupied."

Utility means electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system.

Utility Easement means the area designated for access to construct or maintain utilities on privately or publicly owned land.

Vacation home rental (VHR) means a dwelling that is rented, leased, or furnished in its entirety to the public on a daily or weekly basis for more than 14 days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast.

Valid means a development order or other authorization which was legally issued, and that has not expired, lapsed, or been abandoned, revoked, or canceled; or is not subject to such by the passage of time or the conduct of the owner or developer, and on which or for which all conditions of approval are satisfied that must be satisfied by the terms or conditions of approval.

Variance means a relaxation of a restriction of this Code granted by the board of adjustment where, by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of this Code restriction would result in unnecessary hardship while meeting the intent of the regulation.

Vehicle means any new or used automobile, truck, truck tractor, motorcycle, off-road vehicle, motor home, trailer, semitrailer or travel trailer of the type and kind required to be titled and registered under SDCL Chapter §32-3 and SDCL Chapter §32-5, or required to be titled under SDCL Chapter §32-20 except any manufactured home, used mobile home, moped, or snowmobile.

Vested right means a right which has been legally established and cannot be revoked by subsequent conditions or changes in law without due process of law. There is no vested right to an existing zoning designation.

Way. See Street.

Wayside/roadside stand means a structure designed, arranged or used for the display or sale of agricultural products grown or produced only on the premises upon which such a stand is located.

Well means an artificial excavation or opening in the ground, made by means of digging, boring, drilling, getting, or by any other artificial method, for the purpose of obtaining groundwater. Any series of openings, borings, or drillings developed and pumped collectively by a single pump unit shall be considered as one well.

Wholesale trade means establishments or places of business primarily engaged in selling merchandise to other businesses including retailers, industrial, commercial, institutional, or professional business users, or other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wind energy system (WES) means an integrated system that converts wind movement into electricity, consisting of (but not limited to) a tower, generators, blades, a power collection system including pad-mounted transformers, and electrical interconnection systems.

Wine manufacturer means any manufacturer located in the State of South Dakota producing, blending, filtering, clarifying, aging and bottling wine, as defined in §35-1-1, that is not a farm winery.

Winery means a winery that produces its own wine and holds a federal basic wine manufacturing permit.

Yard means open space located on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, unoccupied and unobstructed from the ground upward.

Yard depth means the shortest horizontal distance between a lot line and a yard line.

Yard, exterior side, means a side yard that extends from the front yard to the rear yard between the side street line and the nearest part of any building or structure on the corner lot.

Yard, front, means a yard, for which the front door of the home faces and the home is addressed, extending across the full width of a lot, between the front lot line (or the proposed front street line if such line falls within the lot) and the nearest line of the building or the enclosed portion thereof. The depth of the yard is the shortest horizontal distance between the existing front lot line or proposed front street line and the nearest point of the building or enclosed portion thereof, and extending from side lot line to side lot line on interior lots.

Yard, rear, means a yard opposite the front yard, extending across the full width of the lot, between the rear lot line and the nearest line of the building, porch or projection thereof; the depth of the rear lot line and the nearest point of the building, porch or enclosed portion thereof. When the rear lot line is less than ten feet long or when the lot is pointed at the rear, the depth of the rear yard is measured to an assumed rear lot line, as defined under the term "lot line, rear" in this section.

Yard, side (interior), means a yard between the side lot line perpendicular to the front and rear yards (or proposed side street line, if such line falls within the lot) and the nearest line of a building, porch or projection thereof, extending from the front yard to the rear yard, or, in the absence of either such yards, to the front lot line and the rear lot line. The width of the side yard is the shortest distance between the side lot line and the nearest point of the building, porch or projection.

Zero lot line means a development form in which a building is sited on one or more lot lines with no yard, or zero setback. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot.

Zoning certificate means a written statement issued by the zoning office authorizing buildings, structures and uses thereof, and the use of land, or the changes in use in accordance with the provisions of this chapter, and for the purpose of carrying out and enforcing its provisions.

Zoning map means the zoning map for the City including sections or portions thereof adopted as part of this chapter, together with all amendments, modifications and changes thereto subsequently adopted.

Zoning ordinance means any ordinance adopted by the City of Box Elder to implement the comprehensive plan by regulating the location and use of buildings and uses of land.

(Ord. No. 560, § 153.004, 4-5-2016)

It is the purpose of this chapter to promote the safety, health, morals, convenience and general welfare; to encourage the use of lands and natural resources in the city in accordance with their character, adaptability and suitability for particular purposes; to conserve social and economic stability, property values and the general character and trend of community development; to prevent excessive concentration of population; to lessen congestion on the public streets and highways; and to facilitate adequate provision of streets and highways, sewage and drainage, water supply and distribution, educational and other public resources by establishing herein standards for community development in accordance with these objectives and by providing for the enforcement of such standards.

(Ord. No. 560, § 153.095, 4-5-2016)

1. The regulations applying to each district include specific limitations on the use of land and structures, height and bulk of structures, density of population, lot area, yard dimension and area of lot that can be covered by structures.
   1. These requirements are intended to regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the use of land. All regulations are uniform for each class or kind of building throughout each zoning district.
   2. The requirements set forth in the zoning districts shall be considered as minimum requirements for the zoning district that must be met or exceeded by the individual property owner.
   3. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or part thereof be used or occupied except in conformity with the use regulations prescribed for the zoning district in which the building is located.
   4. An accessory or utility structure shall not be occupied for residential use.
   5. No land shall be used or occupied and no structures shall be occupied except in conformance with all regulations herein established and upon performance of all conditions herein set forth.
   6. It shall be the responsibility of the landowner to ensure compliance of any structure moved onto or existing on his lot with the regulations set forth in these regulations.
   7. Land which is declared to be in violation of these regulations by a code enforcement staff or the code enforcement agency employed by the planning office is subject to the penalties set forth in this chapter, with each day that a violation exists constituting a separate offense.
   8. Where reference is made in this article to the requirements or regulations of a zoning district, it is intended that overlay district requirements or regulations shall be included in the reference.
   9. Land uses within an overlay district that were established before the effective date of the overlay district and that do not comply with the overlay district requirements shall be allowed to continue as a legally nonconforming use until such use is changed, at which time the use must come into compliance with the overlay district requirements.
   10. The commission and council may consider the recommendations provided in Department of Defense Instruction Number 4165.57, dated May 2, 2011, and the definitions provided in the Standard Land Use Coding Manual (SLUCM) by the department of commerce, when determining appropriate land uses in noise and accident potential zones.
   11. The council adopts the zoning overlay districts that are described in this chapter, below, to overlay and encompass the underlying zoning districts to impose additional land use regulations within the overlay districts that are intended to prevent or mitigate the impacts of natural or manmade hazards on land use and development.
   12. The location and boundaries of the overlay districts established by this chapter are denoted and defined as shown on the most current zoning overlay maps entitled "City of Box Elder Zoning Overlay Maps or AICUZ Map." The zoning overlay maps are incorporated into this chapter by reference.
   13. Land within an overlay district that is not within the city limits on the effective date of the zoning overlay map shall be subject to the district requirements immediately upon annexation.
   14. Where the requirements of an overlay district conflict with the requirements of the underlying zoning district, the requirements of the more restrictive shall apply.
   15. The hazard zone limits that were used to establish the boundaries of overlay districts do not follow property boundaries and have been interpreted to attempt to follow property boundaries, or logical subdivisions of those boundaries, as closely as possible. Appeals of such interpretations shall be made, in writing, to the planning coordinator, who shall rule on the appeal. Any person aggrieved by any ruling or decision of the planning coordinator may appeal the ruling or decision to the council. The appeal must be made in writing to the planning coordinator within 14 days of his ruling.

(Ord. No. 560, § 153.096, 4-5-2016)

1. Comprehensive plan. The Council has adopted a comprehensive plan, to provide for the orderly growth and development of the Box Elder community.
2. Major street plan. The Council has adopted a major street plan that has been filed in the Finance Office and with the Registrar of Deeds of Pennington County and Meade County.
3. Flood damage regulations. The council has adopted flood damage prevention regulations, as codified in article II of chapter 12, to provide for the regulation of flood hazard areas within the jurisdiction of the city.
4. Zoning map. The city's official zoning map, located and maintained in the City’s Planning Department by the Planning Director.

(Ord. No. 560, §§ 153.015—153.017, 4-5-2016; Ord. No. 648, exhs. A, B, 3-18-2020)