The ordinance codified in this title may be known and may be cited and referred to as "the zoning ordinance of Britton, South Dakota," to the same effect as if the full titles were stated.

(Ord. 292, § 101, 1980)

A.

The provisions of this title shall apply within the incorporated area of Britton.

B.

The area of joint control shall require action jointly by the Marshall County planning commission and the Britton planning commission as well as the respective governing bodies (in applicable cases) in an area as follows not within the Britton corporate limits: Miller township T127-R58 Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36 and in Pleasant Valley township of Sections 18, 19, 30 and 31.

(Ord. 292, § 201, 1980; Ord. 493, 2007)

In their interpretation and application, the provisions of this title shall be held to the minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the provisions of this title require a greater width or size of yards, courts or stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other ordinance, the provisions of this title shall govern. Wherever the provisions of any other ordinance require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the provisions of this title, the provisions of such ordinance shall govern.

(Ord. 292, § 202, 1980)

For the purpose of this title, unless otherwise stated, words used in the present tense include the future; the singular number includes the plural; and the plural the singular; the word shall is mandatory, not discretionary; the word may is permissive; the word person includes firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word lot includes the words plat or parcel; and the words used or occupied include the words intended, designed, or arranged to be used or occupied.

(Ord. 292, § 2501, 1980)

For the purpose of this title, certain terms or words used in this title shall be interpreted as follows:

"Accessory use or structure" means a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

"Building area" means the portion of a lot remaining after required yards have been provided.

"Building" means and includes the word structure and is a structure which is entirely separated from any other structure by space or by walls in which there is no communicating doors or windows or similar openings. A principal building including covered porches and paved patios is a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building on the lot on which the building is situated.

"Cannabis" (or "Marijuana") means all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

"Cannabis Cultivation Facility" means in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.

"Cannabis Dispensary" means in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.

"Cannabis Establishment" means a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

"Cannabis Product Manufacturing Facility" means in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

"Cannabis Products" means any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

"Cannabis Testing Facility" means in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.

"Commission" means Britton city planning and zoning commission.

"City board" means the Britton city council.

"Density" means the number of dwelling units per net acre or gross acre, as indicated for the appropriate zoning district. Residential district density shall not be exceeded for new subdivisions nor exceeded for resubdivision of existing platted land.

Dwelling, Single-Family. "Single-family dwelling" means a detached residential dwelling unit other than a mobile home, designed for one family.

Dwelling, Multiple Family. "Multiple family dwelling" means a residential building designed for two or more families living independently of each other and doing own cooking in such building.

"Dwelling unit" means one room or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom and sleeping facilities.

"Exception" means use of building.

Feedlot, Commercial. "Commercial feedlot" means a place where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.

"Floor area" means the sum of all gross horizontal enclosed area of the several floors of a building and its accessory building on the same lot, excluding basement floor areas and non enclosed portions of the structure. All dimensions shall be measured between exterior faces of walls.

"Home occupation" means an occupation conducted in a dwelling unit provided that:

1.

No more than one other person, in addition to members of the family, residing in the premises shall be engaged in such occupation;

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty (30) percent of the floor area of the dwelling shall be used in the conduct of the home occupation;

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the wall of the principal building;

4.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

5.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

"Horticulture" means the art or science of growing flowers, fruit and vegetables.

"Junkyards" means the use of more than seven hundred fifty (750) square feet of open storage on any lot, portion of a lot, or tract of land for the sale, storage, keeping or abandonment of junk, scrap metals or salvageable materials, or for the abandonment, dismantling or wrecking of automobiles or other vehicles, machines or parts of such automobiles, vehicles or machines.

"Kennels" means any lot, structure or premises where four or more dogs and/or cats over four months of age are kept.

"Lot," for purposes of this title, means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

1.

A single lot of record;

2.

A portion of a lot record;

3.

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; and

4.

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

"Lot frontage" means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on a corner lot and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" as defined in this section.

"Lot measurements" means:

1.

"Depth" of a lot means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear; and

2.

"Width" of a lot means the distance between straight lines connecting front and rear lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than eighty (80) percent of the required lot width except in the case of cul-de-sacs, where the eighty (80) percent requirement shall not apply.

Lot Types. Any lot within the jurisdiction of this title shall be one of the following types:

1.

"Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

2.

"Interior lot" means a lot other than a corner lot with only one frontage on a street.

3.

"Through lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

"Mobile home" means any occupied vehicle used or so constructed as to permit it being used as a conveyance on the public streets or highways and duly licensed as such, and shall include: self-propelled or non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such manner as will permit the occupancy of it as a dwelling or sleeping place for one or more persons. Nothing in this definition shall be construed so as to include prefabricated, precut residences or those manufactured in sections or parts away from the site and transported to the site for erection, provided that when completely erected, such prefabricated, precut, or manufactured residences shall be on a permanent foundation. A travel trailer is not to be considered as a mobile home.

"Mobile home park" means any premises where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for one or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles, or enclosure used or intended for use, or intended wholly or in part, for the accommodation of automobile transients.

"Nonconforming use" means any building or land lawfully occupied by a use at the time of passage of the ordinance codified in this title, which does not conform after passage of the ordinance codified in this title.

"Performing standards" means a criterion established for the purposes of:

1.

Assigning proposed industrial uses to proper districts; and

2.

Making judgments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land or buildings.

"Public utility substation" means an area where facilities are provided for the distribution of telephone, radio communications, water, gas, and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically with the nature of the respective district.

"Shelter-belt" means a strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreational areas, and wildlife from the wind.

"Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations in this title:

1.

Signs not exceeding one square foot in area and bearing only property numbers, post box number, names of occupants of premises, or other identification of premises not having commercial connotations;

2.

Flags and insignia of any government except when displayed in connection with commercial promotion;

3.

Legal notices, identification, informational, or directional signs erected or required by governmental bodies;

4.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and

5.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign, Off-Site. "Off-site sign" means a sign other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards regardless of size.

Sign, On-Site, Exterior. "Exterior on-site sign" means an exterior sign relating to its subject to the premises on which it is located, or to products, accommodations, services, or activities on the premises. Exterior on-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards which are off-site signs.

Sign, On-Site, Interior. "Interior on-site sign" means a sign on the interior of a structure relating its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. As long as any such sign is not normally viewable from the exterior of the premises, it shall not be regulated by this title.

"Special exception" means a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special exceptions, if specific provisions for such special exception are made in this title.

"Street line" means the lot line abutting right-of-way line.

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, signs, billboards, and poster panels. "Structure" does not include fences along or enclosing side and rear yards provided such fences are no higher than seven feet. Structures does include fences higher than seven feet, fences along or enclosing front yards, and fences which violate the visibility requirements of this title.

"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes having a body width not exceeding eight feet.

"Truck or equipment terminal" means any lot, structure, or premises used for the parking or storage of capital equipment such as trucks, trailers, or other like equipment.

Utility Substation. See "Public utility substations."

"Variance" means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. This is not to be confused with a special exception.

"Yard" means a required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the grade of the lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front. "Front yard" means a yard extending between side lot lines across the front of a lot adjoining a public street.

1.

In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty (30) inches and ten (10) feet.

2.

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and substitute, therefor, a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

3.

In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. However, in all residential districts, corner lots which do not have reversed frontage shall have a front yard of the required depth on all frontages.

4.

In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. However, in all residential districts, reversed frontage corner lots shall have a front yard of required depth on all frontages.

5.

In the case of corner lots with more than two frontages, the zoning administrator shall determine the front yard requirements, subject to the following limitations:

a.

At least one front yard shall be provided having the full depth required generally in the district; and

b.

No other front yard on such lot shall have less than half the full depth required generally.

6.

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Front and rear front yard lines shall be parallel.

Yard, Side. "Side yard" means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street.

1.

In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full- and half-depth front yards have been established shall be considered side yards.

2.

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, Rear. "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner-edge parallel with the rear lot line.

(Ord. 292, § 2502, 1980; Ord. 358 § 1, 1992; Ord. No. 550, 1-11-2016; Ord. No. 592, 9-13-2021)