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Flandreau City Zoning Code

GENERAL PROVISIONS

§ 155.001 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular.
   ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
   ADJACENT PROPERTY. Any lot, parcel, or property bordering by means of adjoining, abutting, or intersecting a specified lot boundary, and those lots immediately across a public right-of-way from a specified lot. See figures below:
   ADMINISTRATIVE OFFICIAL. The individual(s) appointed by the City Council and designated to administer and enforce the zoning ordinance.
   ADULT BOOKSTORES. An establishment having, as a substantial portion of its stock in trade, books, magazines, films or videotapes for sale or viewing on the premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as such terms are defined in this section, or an establishment with a segment or section devoted to the sale or display of such material. Adult bookstores may alternatively or in conjunction with the above stock in trade sell undergarments and other clothing designed for the display of specified anatomical areas or for the enhancement of specified sexual activities. Further, an adult bookstore may alternatively or in conjunction wit h the ab ove sto ck in tra de sell pro sth etic de vic es, dolls, candles, vibrators, and other objects for sexual gratification which take the form of specified anatomical areas and for the purpose of enhancing specified sexual activities.
   ADULT ENTERTAINMENT FACILITY. Means an establishment offering to its patrons, as entertainment, any exhibition or display or any theatrical or other live performances which include topless or go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any persons singing, reading, posing, modeling, or serving food or beverages, where the exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of persons involved is such as to expose specified anatomical areas, as defined in this section.
   ADULT MOTION PICTURE THEATER. An enclosed building, regardless of its seating capacity which is used to present for public view on the premises, films, movies, previews, trailers or advertisements which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.
   ADULT PHOTO STUDIO. An establishment which, on payment of a fee, provides photographic equipment and/or models for the purpose of photographing "specified anatomical areas," as herein defined.
   ADULT USE. Shall include adult entertainment facility, adult bookstores, adult motion picture theaters, and adult photo studios as defined in this section.
   AGGRIEVED PERSON. A person aggrieved is 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.
   AGRICULTURAL ACTIVITY. The raising of grain crops and/or animals.
   AIRPORT. A place where aircraft can land and takeoff, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers, including heliports.
   AGRICULTURE. The cultivation of the soil, and all activities incident thereto, except that said term shall not include the raising and feeding of hogs, sheep, goats, cattle, poultry, or fur bearing animals.
   ALLEY. A public or private right-of-way which affords secondary means of access to abutting property.
   ANIMAL UNIT. One animal unit is equivalent to either: one feeder/slaughter cattle, one-half horse; seven-tenths mature dairy cow; two and one-half finishing swine; ten nursery swine; ten sheep/goats; 55 turkeys; five ducks/geese; 30 hens, cockerels, capons, broilers.
   ANTENNA. Any communications equipment that transmits or receives electromagnetic radio frequency signals used in the provisions of wireless services. This definition does not include broadcast radio or television antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
   APARTMENT. A room or suite of rooms designed for, intended for, or used as a residence for one family or individual and equipped with cooking facilities.
   APARTMENT BUILDING. A detached dwelling designed for or occupied by three or more family units.
   APPLICANT. Any person who submits an application as, or on behalf, of a property owner.
   AUTOMOBILE SERVICE STATION. Any building or premise which provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and for certain motor vehicle services, including washings, tire changing, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automotive repair work may be done at a service station provided that no rebuilding of engines, spray paint operations, or body or fender repair is permitted.
   AUTOMOBILE REPAIR SHOP. Any building or premise which provides services relating to the rebuilding of engines, spray paint operations, or body or fender repair.
   BAR or LOUNGE. An establishment that is licensed to sell alcoholic beverages by the drink.
   BASEMENT. A basement is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
   BED AND BREAKFAST (B&B). A private single-family residence which is used to provide limited meals and temporary accommodations for a charge to the public. (See § 155.330 .)
   BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage or boundary line of the corporate limits of the city.
   BOARDING HOUSE. A building other than a motel, hotel or restaurant, where lodging and meals are provided for three or more persons, but not exceeding ten persons, and not open to the public or transients.
   BUFFER. The use of land, topography, space, fences, or landscape planting to partially screen a use or activity from another property and thus reduce undesirable views or influences.
   BUILDING. Includes the words STRUCTURE and PREMISES and is a structure which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar openings and is designed for the support, shelter, and protection of persons, animals, or property.
   BUILDABLE AREA. That portion of the lot that can be occupied by the principal use, thus excluding the front, rear and side yards. The diagram below illustrates the buildable area of a hypothetical lot. This diagram is for reference only. Setbacks and other requirements vary from district to district. (See illustration below.)
Buildable Area Illustration
 
   BUILDING LINE. Is a line on the lot running parallel to the required horizontal distance from the nearest property line.
   BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot on which it is located.
   CAMPGROUN D. Shall mean a plot of ground for public use upon which two or more campsites are located, established, maintained, advertised, or held out to the public, to be a place where camping units can be located and occupied as temporary living quarters. Campgrounds for tent trailers and recreational vehicles shall be sited with consideration for access to the property. The campground shall be designed to minimize the impact from adjacent major thoroughfares.
   CANNABIS (OR MARIJUANA). 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 (.0003%) on a dry weight basis.
   CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is 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. In addition to the definition in SDCL § 34-20G-1, this term is 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. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
   CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
   CANNABIS PRODUCTS. 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. In addition to the definition in SDCL § 34-20G-1, this term is defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
   CARETAKER’S RESIDENCE or WATCHPERSON’S QUARTERS. A dwelling unit which is occupied by one who is employed by a business located on the same premises or within the same structure as said dwelling unit. (See § 155.245.)
   CHURCH. A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. The definition of CHURCH includes all religious institutions.
   CITY. The City of Flandreau, South Dakota.
   CITY COUNCIL. The governing body of the City of Flandreau.
   CITY PLANNING COMMISSION. The members appointed by the city to serve in an advisory capacity on planning and zoning matters. The PLANNING AND ZONING COMMISSION required in SDCL § 11-6-2 shall be referred to throughout this document as the PLANNING COMMISSION.
   CLEAR VIEW TRIANGLE. A triangular-shaped portion of land established at street intersections and ingress and egress points in which there are restrictions on things erected, placed, or planted which would limit or obstruct the sight distance of motorists entering or leaving
 
   CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by physicians, psychologists, optometrists, chiropractors or dentists and other health care professionals practicing medicine together and including facilities for training and rehabilitation.
   COLLOCATION. The mounting or installation of an antenna or a small cell facility on a pre-existing utility pole or SCF support structure and/or modifying a utility pole or SCF support structure for the purpose of mounting or installing an antenna or SCF on that utility pole or SCF support structure in order to transmit and/or receive radio frequency signals for communications purposes.
   COMMERCIAL STORAGE, MINI-STORAGE FACILITIES. Individual locker storage facilities (frequently with some accessory outdoor vehicle/boat storage) primarily for the benefit of residential or small business users in which are kept household items, business records, vehicles, recreational equipment, etc.
   COMMERCIAL VEHICLE. Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds.
   COMPREHENSIVE PLAN (COMPREHENSIVE LAND USE PLAN). The adopted long-range plan intended to guide the growth and development of the city including a compilation of policy statements, objectives, standards, and maps for guiding the physical, social and economic development, both public and private, of the municipality and its environs, as defined in current state law.
   CONDITIONAL USE. A conditional use is a use that would not be appropriate generally or without restriction throughout the zoning division or district but, 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 division or district as conditional uses as specific provisions for such uses are made in this chapter. CONDITIONAL USES are subject to evaluation and approval by the Board of Adjustment and are administrative in nature.
   CONDOMINIUM. The ownership of single units in a multi-unit residential structure with common elements. (With the property subject to the condominium regime established pursuant to SDCL § 43-15A.) Commercial uses may occupy properties platted pursuant to SDCL § 43-15A, however where referenced herein, the term CONDOMINIUM only authorizes the structure to be used for residential purposes. This chapter does not differentiate between the manner of ownership of non-residential uses.
   CONSTRUCTION. Any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route but does not include changes needed for temporary use of sites or routes for non-utility purposes, or uses in securing survey or geological data, including necessary borings to ascertain foundation conditions.
   CONSTRUCTION, ACTUAL. Construction materials are being permanently placed and the construction work is proceeding without undue delay.
   CONTRACTOR SHOPS AND STORAGE YARDS. Those facilities include structures and land areas where the outdoor storage of equipment and supplies used for various types of off-site construction are stored. Examples of equipment and supplies include but are not limited to the following - road construction, building construction, gravel operations, and general contracting services.
   CONVENIENCE STORE. Any retail establishment offering for sale pre-packaged food products, household items, and other goods commonly associated with the same, at which a customer typically purchases only a few items during a short visit. Convenience stores may or may not sell fuel.
   COURT. An open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.
   CURB LEVEL. The curb level is the level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this chapter.
   DAY CARE. Any operation which provides childcare services whether accessory to the caregiver's home or operated in a separate commercial structure.
   DAY CARE CENTER, LICENSED. A commercial structure used for the purposes of providing childcare services. To be considered a DAY CARE CENTER under these regulations, the state must license such operation.
   DENSITY. The number of families, individuals, dwelling units, or housing structures per unit of land.
   DOG ENCLOSURE. An attached or detached outdoor structure intended for the exercising, containment, and/or sheltering of a dog or dogs. Not to include a fence constructed on the perimeter of the property. See example figures below.
 
   DWELLING. Any building or part thereof which is designed or used exclusively for residential purposes by one or more human beings either permanently or transiently.
   DWELLING, FARM. Any dwelling located on a farming operation which is used or intended for use as a residence by the farm’s owner, relative of the owner, or a person employed on the premises.
   DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.
   DWELLING, SINGLE-FAMILY. A detached residential dwelling building, other than a manufactured home, including modular homes designed for and occupied by one family only.
   DWELLING, TWO-FAMILY. A residential building containing two household units designed for occupancy by not more than two families.
   DWELLING UNIT. 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 it is physically separated from any other rooms or dwelling units which may be in the same structure and contains independent cooking and sleeping facilities.
   EAVE. The lower edge of a sloping roof or that part of a roof which projects beyond the wall.
   EAVE HEIGHT. The vertical dimension from finished grade to the eave.
   ENGINEER. Means any engineer licensed by the State of South Dakota.
   ESSENTIAL PUBLIC UTILITIES AND SERVICES. Overhead or underground electrical, natural gas, water transmission or distribution systems and structures, or collection, communication, supply or disposal systems and structures used by public for protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, satellite dishes, and accessories in connection therewith.
   EXCEPTION. An exemption to a specified regulation within this chapter which, unless otherwise specified, may be authorized by the administrative official.
   EXTENDED HOME OCCUPATION. A home occupation conducted outside of the residence and/or in an accessory building. (See § 155.321.)
   FAMILY. One or more individuals living, sleeping, cooking, or eating on the premises as a single housekeeping unit, but it shall not include a group or more than four individuals not related by blood or marriage.
   FARM. An area of ten acres or more on which a bonafide business with the purpose or producing agriculture products and the incidental uses of horses, dogs, or other animals and other similar operations, specifically excluding greenhouses, horticultural nurseries, kennels and other similar commercial operations. For purposes of this chapter, all land in like ownership being operated as a single economic unit shall be considered to be part of a FARM.
   FCC. The Federal Communications Commission.
   FEEDLOT. A lot, yard, corral, building, or other area where animals in excess of ten animal units per acre or in excess of animal units per parcel of land have been, are, or will be stabled or confined for a total of 45 days or more during any 12-month period and where crops, vegetation, forage growth, or post harvest residues are not sustained over any portion of the lot or facility.
   FENCE. A structure used as a boundary, screen, separation, means of privacy, protection, or confinement and is constructed of wood, plastic, metal, wire mesh, masonry, or other similar material and is used as a barrier of some sort.
   FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, or other entity.
   FLAMMABLE LIQUIDS. Any liquid which gives off flammable vapors, as determined by the flash point from an open-cup tester as used for test of burning oils, at or below a temperature of 80 degrees Fahrenheit, is flammable.
   FLASHING SIGN. Any illuminated sign that has artificial light or color which is not maintained at a constant intensity or color when such sign is in use. A sign providing public service information, such as time, weather, date, temperature, or similar information, shall not be considered a flashing sign.
   FOOTPRINT, BUILDING. The portion of a building measures from the outside of exterior walls that covers the ground, but excluding the edge of roofs that overhang exterior walls that are intended to prevent rain, snow, and other debris from spilling directly down the side of the building (e.g., roof eave).
   FUNERAL HOME/MORTUARY. A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home may include a funeral chapel but does not include crematoriums.
   GAME LODGE. A building or group of two or more detached, or semi-detached, or attached buildings occupied or used as a temporary abiding place of sportsmen, hunters and fishermen, who are lodged with or without meals, and in which there are sleeping quarters.
   GARAGE, PRIVATE. An accessory building used for the storage of not more than four vehicles owned and used by the occupant of the building to which it is necessary. Vehicles include cars, pickups, and boats, but not commercial vehicles.
   GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automobile body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.
   GARAGE, STORAGE. Any building or premises used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
   GENERAL COMPATIBILITY WITH ADJACENT PROPERTIES. All uses listed as permitted or as conditional uses are generally compatible with other property in a specified zoning district. If such uses are not generally compatible, they should be prohibited within the specified district. Conditional uses may only be denied in accordance with definable criteria in order that an applicant may know under which circumstances a permit may be granted in this location. In Flandreau, general compatibility refers to the manner of operation of a use. The Board of Adjustment may consider compatibility when prescribing conditions for approval of a permit, but those conditions should be uniformly required of similar uses under similar circumstances throughout the county.
   GOVERNMENTAL AGENCY. An organized entity which, in addition to having governmental character, has sufficient discretion in the management of its own affairs to distinguish it as separate from the administrative structure of any other governmental unit.
   GRADE. The finished grade of premises improved by a building or structure is the average natural elevation or slope of the surface of the ground within 50 feet of the building or structure.
   GREENHOUSE. A building whose roof and sides are made largely of glass regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
   GROSS FLOOR AREA. The total area of all floors of a building, including intermediately floored tiers, mezzanine, basements, etc., as measured from exterior surfaces of the outside walls of the building.
   GROUP HOME. A supervised living or counseling arrangement in a family home context providing for the 24 hour care of children or adults.
   HEIGHT OF BUILDING. The vertical distance from the established average sidewalk grade of street grade or finished grade at the building line, whichever is the highest, to the highest point of the building.
   HOME OCCUPATION. (See § 155.320.)
   HOTEL or MOTEL. A building designed for occupancy as a temporary abiding place of individuals who are lodged with or without meals and in which there are four or more guest rooms open to the public and transients.
   HOUSEHOLD UNIT. 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 and sleeping facilities.
   INDOOR RECREATION FACILITY. An indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, retail sales of related sports, health or fitness items, and other support.
   INTERMODAL SHIPPING/STORAGE CONTAINER. A six-sided metal unit constructed as a general cargo container used for the transport and storage of goods and materials. Intermodal shipping/storage containers do not include railroad cars, bus bodies, semi-trailers, and similar items designed to be permanently attached to a chassis. See image below.
Intermodal Shipping/Storage Co
 
   JUNK YARD. The use of more than 50 square feet of any land, buildin g, or structur e, whether for private or commercial purposes or both where waste discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded vehicles, paper, rags, rubber, cordage, barrels, machinery, and the like or parts thereof with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. Nonconforming junkyards are considered a public nuisance and may be screened, abated and/or acquired consistent with state law. Where such materials are a byproduct of a use, permitted by the city, such activity shall be considered outdoor storage.
   KENNEL, COMMERCIAL. Any premises or portion thereon where more than three dogs, cats, or other household pets are raised, trained, boarded, harbored, or kept for remuneration or are offered for sale, or are kept for the purpose of sale. Veterinary clinics, animal hospitals, and animal shelters are specifically excluded.
   LIGHT MANUFACTURING. Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat, or glare. These commercial and industrial uses are characterized by generally having all aspects of the process carried on within the building itself.
   LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.
   LOT. A plat, parcel or tract of land having specific boundaries, and which has been recorded in the Register of Deeds office. Unless otherwise specified by this chapter or allowed by the Board of Adjustment, a lot shall include only one principal building together with its accessory buildings; open spaces and parking spaces required by these regulations and shall have its principal frontage upon a public right-of-way other appr oved acces s.
   LOT COVERAGE. For the purposes of this chapter, the percentage determined by dividing the area of a lot covered by the total (in square feet of: (A) the footprint of the primary structure; and (B) the footprint(s) of all accessory structures by the total lot area (D). (See formula and figure below):
   LOT FRONTAGE. The portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE. Minimum FRONTAGE for lots located on cul-de-sacs shall be determined as the average of the widest and narrowest width of the lot.
   LOT LINE. The property line bounding a lot. There are three types of lot lines: front, side and rear. See illustration below
 
   LOT MEASUREMENTS.
      (1)    Depth. The average mean horizontal distance between the front and rear lot lines.
      (2)    Width. The distance between side lot lines measured at a point of 50 feet from the street line thereof.
      (3)   Area. The lot area is the area of a horizontal plane in square feet or acres within the lot line.
   LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Moody County Register of Deeds prior to the adoption of Ordinance 622, adopted on October 7, 2024.
   LOT TYPES. See figure below
 
      (1)    CORNER LOT. 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 135 degrees. (See lot A and lot A & D.)
      (2)   INTERIOR LOT. A lot other than a corner lot with only one frontage on a street. (See lot B.)
      (3)   REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximately right angles, meaning interior angle less than 135 degrees, to the general pattern in the area. A reversed frontage lot may also be a corner lot (see lot A & D), an interior lot (see lot B & D) or through lot (see lot C & D).
      (4)   THROUGH LOT. 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. (See lot C and lot C & D.)
   MANUFACTURED HOME. See § 155.239.
   MANUFACTURED HOUSING DEFINITIONS.
      (1)   ANCHORING SYSTEM. An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home.
      (2)   ANSI/NFPA 501A STANDARDS FOR INSTALLATION OF (MANUFACTURED) MOBILE HOMES. Model national standards (including all authorized successor documents) for installation of manufactured and mobile homes, as adopted and copyrighted by the National Fire Protection Association and Manufactured Housing Institute.
      (3)   EXPANDO UNIT. An expandable manufactured housing unit.
      (4)   FOUNDATION SIDING/SKIRTING. A type of wainscoting constructed of fire and weather resistant material, such as aluminum, asbestos board, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured.
      (5)   PERMANENT PERIMETER ENCLOSURE. A permanent structural system completely enclosing the space between the floor joists of the home and the ground. See also § 155.239.
      (6)   PERMANENT FOUNDATION. Any structural system for transporting loads from a structure to the earth at a depth below the established frost line without exceeding the same bearing capacity of the supporting soil.
      (7)   SECTION. A unit of a manufactured home at least ten body feet in width and 30 feet in length.
      (8)   SUPPORT SYSTEM. A pad or combination of footings, piers, caps, plates, and shims, which, when installed, support the manufactured or mobile home.
   MANUFACTURED HOME PARK. See § 155.089.
   MAY. The act referred to is permissive.
   MEASUREMENT. Unless otherwise specified, all distances shall be measured horizontally and shall be expressed to the nearest integral foot. If a fractional distance is one-half (½) foot or less, the preceding or lesser integral foot measurement shall control.
   MINING. The excavation of earth materials for the purpose of sale.
   MODULAR HOME. See § 155.238.
   MOVED-IN BUILDING. A building that previously existed on a lot of different location relocated for use as a residence, out-building, commercial, industrial, or any building used in relation to these uses shall be recognized as a moved-in building.
   NETWORK INTERFACE DEVICE. The telecommunications demarcation and test point separating the wireless facility and the wireline backhaul facility.
   NON-CONFORMING USE. Any building or structure or land lawfully occupied by a use at the time of passage of this chapter or amendment which does not conform after the passage of this chapter or amendment with the use regulation of the district in which it is situated.
   NON-STANDARD USE. The category of nonconformance consisting of lots occupied by buildings or structures or uses which existed immediately prior to the effective date of this chapter which fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this chapter.
   OUTDOOR ADVERTISING BUSINESS. Provisions of outdoor displays or display space on a lease or rental basis only.
   OUTDOOR DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service. This definition excludes new and used sale, lease, or rental of automobiles, trucks, motorcycles, recreational vehicles, boats, or watercraft.
   OUTSIDE STORAGE. Outside storage is the keeping of commodities, goods, raw materials, equipment, vehicles, heavy vehicles, or merchandise not within an enclosed building, including incidental maintenance and repair of the material which is being stored. This definition excludes new and used sale, lease, or rental of automobiles, trucks, motorcycles, recreational vehicles, boats, or watercraft. Parking of company owned automobiles that are currently registered, licensed, and operable will be excluded. Materials and equipment that are transferred from an enclosed building for an outdoor sales display are not considered outside storage.
   PARCEL. A single tract of land, located within a single block, which at the time of filing for a building/use permit, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building or structure, for which the building/use permit are issued and including such area of land as may be required by the provisions of this chapter for such use, building or structure.
   PARKING SPACE, OFF-STREET. Consists of a space adequate for parking an automobile with room for opening doors on both sides together with related access to a public street or alley and maneuvering room. A space for parking of automobiles which has a minimum width of nine feet and a minimum length of 19 feet.
   PERMANENT FOUNDATION. An approved wood basement constructed of two by six framework and treated with water resistant materials or a foundation shall be constructed with eight inches of poured concrete or concrete block. The FOUNDATION shall be to a depth below the frost line.
   PERMIT. A permit required by these regulations unless stated otherwise.
   PERMITTED USE. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
   PERSON. In addition to an individual, PERSON includes firm, association, trust, organization, partnership, company, or corporation, limited liability company, joint venture, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
   PERSONAL SERVICES. Establishments providing non-medically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons; tattoo parlors; body piercing studios; etc. These uses may also include accessory retail sales of products related to the services provided.
   PLANNING COMMISSION. The appointed members of the Planning Commission serving in an advisory capacity on planning and zoning matters. The PLANNING AND ZONING COMMISSION required in SDCL § 11-6-2 shall be referred to throughout this document as the PLANNING COMMISSION.
   PLAT. The map, drawing, or chart on which the subdivider’s plan of subdivision is legally recorded.
   PLAT. The map, drawing, or chart on which the subdivider’s plan of subdivision is legally recorded.
   PRINCIPAL USE. The primary use to which the premises are devoted.
   PROFESSIONAL SERVICES. Work done for others, predominately on the premises of the office, by someone trained and engaged in such work for a career; e.g., doctors, lawyers, accountants.
   PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY or ROW. The surface and space above and below any street, sidewalk, avenue, boulevard, alley, lane, easement, right-of-way, highway, or thoroughfare open for public use in which the city has an interest in law or equity whether held in fee or other estate or interest or as a trustee for the public.
   RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy. A recreational vehicle does not include manufactured homes.
   RELIGIOUS INSTITUTION. Any building used for non-profit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the state property tax law, where such building is primarily intended to be used as a place of worship. The term includes but is not necessarily limited to. church, temple, synagogue, and mosque.
   ROOF LINE. Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette; and where a building has several roof eaves, this roof or parapet shall be the one belonging to that portion of the building on whose wall a sign is located. (See roof-line figure below)
Roof Line Figure
 
   SANITARY LANDFILLS. Method of waste disposal involving the dumping and daily covering of waste material all in compliance with state regulations.
   SALE OR AUCTION YARD/BARN. A place or building where the normal activity is to sell or exchange livestock. Livestock normally in yard or farm for one day during sale or auction.
   SCREENING. Earthforms, walls, fences, plant material or other structures or devices intended to partially obscure, conceal or protect from off-site view.
   SETBACK. The minimum horizontal distance between the front line or street line and the nearest edge of any building or any projection thereof except cornices and unenclosed porches and entrance vestibules and window bays projecting not more than three and one-half feet from the building and not more than 50 square feet in area and which do not extend above the first story of the building. Also referred to as YARD or REQUIRED YARD.
   SHALL. The act referred to is mandatory.
   SHOPPING CENTER. Retail buildings of greater than 100,000 square feet and designed for more than one tenant.
   SHOULD. The condition is a recommendation. If violations of this regulation occur, the city will evaluate whether the party implemented the recommendations contained in this regulation that may have helped the party to avoid the violation.
   SIGN. Means a name, identification, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public, and which directs attention to a product, place, activity, purpose, institution or business. This definition does not include national or state flags or their emblem or insignia, interior window displays, athletic scoreboards, or the official announcement or signs of government.
   SIGN AREA. The total area or areas of all signs within the outer edges of the sign or advertising message, Sign area may be calculated in the following manners:
      (1)   A single message on a single sign face.
      (2)   Multiple messages on a single sign face.
      (3)   Multiple messages on stacked signs.
 
   SIGN, AREA IDENTIFICATION OR NAMEPLATE. A freestanding ground sign or pylon which identifies the names of neighborhoods, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses.
   SIGN, CHANGEABLE COPY/READER BOARD. An outdoor sign or any portion thereof which is permanently affixed or mounted to a support structure or building which has removable characters, letters, or illustrations that may be manually changed or rearranged without altering the underlying sign surface.
   SIGN, ELECTRONIC MESSAGE CENTER. A sign whose message may be changed at intervals by electronic process or remote control and whose only movement is the periodic changing of information having a constant light level.
   SIGN (FLASHING). Means any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.
   SIGN, FREESTANDING. A sign attached to or a part of a self-supporting structure. Any supporting structure shall be set firmly below the ground surface and shall not be attached to any building or any other structure, pylon, or ground sign.
   SIGN, GOVERNMENT. Any sign which directs traffic, displays street names, or which serves any public purpose duly authorized by governing body having jurisdiction thereof.
   SIGN, GROUND. A sign which is anchored to the ground and has no air space between grade and the bottom of the frame or sign facing.
   SIGN, IDENTIFICATION OR NAMEPLATE. A sign which bears the name or address or both of the business or the occupant of the building on which it is located.
   SIGN, ILLUMINATED. A sign which has artificial light source directed upon it or which has an interior light source.
   SIGN, INFORMATIONAL. A sign erected on private property providing general information about the use or uses on such property that the sign relates to, such as name and address, for the following uses: church, school, hospital, club, library, civic, or other similar types.
   SIGN, INSTITUTIONAL. A sign which identifies such uses as hospitals, clinics, churches, schools, government buildings, libraries, museums, apartment complexes, and retirement homes.
   SIGN, MARQUEE AND/OR CANOPY. Any message or identification which is affixed to a projection or extension of a building or structure and erected in such a manner as to provide a shelter or cover over the approach of any structure of a store, building, or place of public assembly being at least ten feet above any public sidewalk and being at least two feet behind the face of the curb.
   SIGN, MOTION. A sign which revolves, rotates, or moves in any way by mechanical means.
   SIGN (PARKING). A sign which provides specific instruction to the public, including but not limited to, "Center," "Exit," "No Parking," "Drive Through." No parking sign shall be permitted to include any commercial message.
   SIGN, PERMANENT. A sign permanently attached to framing or a sign with a support member at or below the frost line or attached to a building or other structure by direct attachment to a rigid wall, frame, or structure.
   SIGN (POLE). A freestanding sign wholly supported by one or more poles.
   SIGN (PORTABLE). Any sign not permanently attached to the ground or other permanent structure designed to be transported from structure to structure or site to site at periodic intervals. Portable signs include signs attached to or painted on vehicles, unless said vehicle is used in the normal day-to-day operations of the business. Portable signs are temporary signs.
   SIGN, PROJECTING. A sign affixed to an exterior wall or roof of a building, and which extends more than 18 inches from the face of the building wall, and which is perpendicular to the building wall being at least ten feet above sidewalk and being at least two feet behind face of curb.
   SIGN (REAL ESTATE). A sign placed upon property for the purpose of advertising the sale, lease, or availability for rent of property.
   SIGN, ROOF. A sign erected upon and above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. Roof signs shall constitute any message placed upon sloped building fascia intended to appear as or actually be roof elements of the building.
   SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.
   SIGN STRUCTURE. Any structure which supports, has supported, or is capable of supporting a sign, including decorative cover.
   SIGN, TEMPORARY. Any sign used for varying periods of time which is not permanently attached to the ground or other permanent structure. The following are examples of TEMPORARY SIGNS (not all inclusive):
      (1)   BANNER SIGN. A sign constructed of cloth, canvas, fabric, paper, cardboard, or any other lightweight material. National, state, or municipal flags or the official flag of any institution or business shall not be considered BANNERS.
      (2)   CONSTRUCTION SIGN. A temporary sign identifying a building or construction site, architects, engineers, contractors, or suppliers.
      (3)   INFLATABLE SIGN. A sign capable of expanding due to the injection of air, gas, water, or vapor.
      (4)   POLITICAL SIGN. A temporary sign, such as poster card or lawn sign, advertising a candidate or issue to be voted upon a definite election day.
      (5)   PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure designed to be transported from structure to structure or site to site at periodic intervals. Portable signs include signs attached to or painted on vehicles unless said vehicle is used in the normal day-to-day operations of the business.
      (6)    REAL ESTATE SIGN. A temporary sign advertisi ng the sale or lease of property or buildings.
 
   SIGN, WALL. A sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall and extending not more than 18 inches from the building wall face.
   SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and refining of their byproducts for wholesale purposes.
   SLEEPING QUARTERS. A room or an area contained within a dwelling unit utilized for the purpose of sleep.
   SMALL CELL FACILITY or SCF. A wireless facility that either meets all of the following qualifications or is within a stealth design that is consistent with the design guidelines.
      (1)   Each antenna is located inside an enclosure of not more than three cubic feet in volume, or in the case of an antenna that has been exposed to the elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three cubic feet.
      (2)   Each provider's equipment enclosures shall be no larger than 28 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meters, concealment measures, network interface devices, underground enclosures, back-up power systems, grounding equipment, power transfer switches, cut-off switches, cables, conduits, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.
      (3)   The facility is mounted on a utility pole or SCF support structure 50 feet or less in height, including antennas, on a utility pole or SCF support structure no more than 10% taller than other adjacent structures of substantially similar design or on an existing utility pole or SCF support structure on which it is to be located to a height of more than the greater of either 50 feet or the height of such utility pole or SCF support structure plus 10%.
   SMALL CELL FACILITY PERMIT. A permit authorizing the installation, construction, and maintenance of a small cell facility.
   SMALL CELL FACILITY SUPPORT STRUCTURE or SCF SUPPORT STRUCTURE. A structure such as a monopole or tower either guyed or self-supporting, billboard, building, or other existing structure designed to support, or capable of supporting, SCFs. Such term does not include a utility pole.
   SPECIAL PERMITTED USE. Any land use listed as a special permitted use within a zoning district that meets the specified criteria for certification.
   SPECIFIED ANATOMICAL AREAS. Means:
      (1)   Less than completely and opaquely covered human or animal genitals, pubic region, or pubic hair, buttocks, and female breasts below a point immediately above the top of the areola; and
      (2)   Genitals of humans or animals in a discernible turgid state, even if completely opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES. Means:
      (1)   Human or animal genitals in the state of sexual stimulation or arousal;
      (2)   Acts or representations of acts of human or animal masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation;
      (3)   Fondling or erotic touching of human or animal genitals, pubic region, buttock, or female breast; or
      (4)   Excretory functions as part of or in connection with any activities set forth in an adult bookstore or "Adult Entertainment Facility."
   STABLE. A building for the shelter and feeding of domestic animals, especially horses and cattle.
   STABLE, COMMERCIAL. A building for the shelter and feeding of domestic animals, especially horses and cattle where such domestic animals are raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically excluded.
   STAND, ROADSIDE. A structure for the display and sale of products with no space for customers within the structure itself.
   STEALTH DESIGN. Any SCF that is integrated as an architectural feature of a utility pole or changes a support structure design so that the purpose of the utility pole or SCF support structure for providing wireless services is not readily apparent. This includes the ability of SCFs to blend into the neighborhood environment at a given location and camouflage or conceal the SCF subject to applicable law.
   STEEL SIDING, CORRUGATED. A type of sheet iron or steel strengthened for use in construction by having a series of alternating grooves forced into it, not painted and usually galvanized for weather resistance. See figure below:
Steel Siding, Corrugated Figure
   STEEL SIDING, NON- CORRUGATED. A system of colored metal panels customarily installed as a sheet that cover the exterior side of a wall of a residential or commercial building, which are not defined as corrugated steel siding, and customarily installed in a vertical manner but also capable of being installed horizontally. See figure below:
Steel Siding, Non-corrugated Figure
 
   STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50% of the total perimeter or is more than 12 feet above grade at any point, such basement or unused under-floor space shall be considered as a story.
   STORY, FIRST. The lowest story in a building which qualifies as a story, 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 for more than 50% of the total perimeter, or more than eight feet below grade at any point.
   STREET. A public right-of-way which affords the principal means of access to abutting property. Also, may be referred to as road or highway. The term street shall include and apply to any public way except alleys. Streets may be further classified in accordance with the following terms referenced in the Comprehensive Land Use Plan for the City of Flandreau:
      (1)   Arterial street. A street designated as such upon the Major Street Plan of the Comprehensive Land Use Plan of the City of Flandreau.
      (2)   Collector street. A street designated as such upon the Major Street Plan of the Comprehensive Land Use Plan of the City of Flandreau.
      (3)   Local street. Any street which is not an arterial street or collector street.
   STREET LINE. A right-of-way line of a street. See figure below.
 
   STRUCTURE. Anything constructed or erected with affixed location on the ground or attached to something having fixed location on the ground. Among other things, STRUCTURES include, but are not limited to, buildings, manufactured homes, walls, fences, billboards, swimming pools, and signs.
   STRUCTURE, TEMPORARY. Anything constructed, erected, or placed which requires temporary location on the ground or attachment to something having a temporary location on the ground for use.
   STRUCTURE, TEMPORARY. Anything constructed, erected, or placed which requires temporary location on the ground or attachment to something having a temporary location on the ground for use.
   SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building developments (whether immediate or future). This term includes resubdivision and, when appropriate to the context, is related to the process of subdividing or to the land subdivided.
   SUBSTANTIALLY COMPLETED. This term refers to the amount of work required to be completed in association with a building/use permit issued by the city. In order to be substantially complete, 75% of the project for which a building/use permit has been issued is required to be finished.
   TOWNHOUSES. See CONDOMINIUM.
   TRAILER. Means any of the following:
      (1)   Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses. The trailer shall be permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet, and a body length not exceeding 38 feet.
      (2)   Pick-up coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.
      (3)   Motorhome. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
      (4)   Camper trailer. A canvas, folding structure, mounted on wheels and designed for travel, recreation, and vacation use.
   TREE. A tree which is required by the ordinance and meets or exceeds the definitions of deciduous shade trees and evergreen or coniferous trees.
   TREE, DECIDUOUS SHADE. A woody plant that normally grows with one main trunk and has a canopy that screens and filters the sun in the summer months.
   TREE, EVERGREEN OR CONIFEROUS. A tree species with foliage that persists and remains green year-round.
   TWIN HOMES. A two-family dwelling which has a common wall and is platted into two separate lots.
   USABLE OPEN SPACE. Land area and facilities specifically designated and developed for recreational or social activities of individuals or groups excluding required setback areas, in addition to those areas and facilities designated and developed for the private use of residents of individual dwelling units.
   USE. The purpose for which land or premises or a building thereof is designated, arranged, or intended, or for which it is or may be occupied or maintained.
   USED or OCCUPIED. Includes intended, designed, or arranged to be used or occupied.
   UTILITY. All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.
   UTILITY POLE. A pole or similar structure that is or may be used, in whole or in part, to facilitate telecommunications, electric, distribution, lighting, traffic control, signage, or to carry lines, cables, or other similar function or for location or collocation of small cell facilities. Such term does not include a SCF support structure.
   VARIANCE. 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 the ordinance would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area, and size of structure (provided the requirements are not specified standards for said structure or use), 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 non-conformities in the zoning district or uses in an adjoining zoning district.
   VETERINARY CLINIC. A commercial activity catering to the medical needs of animals and having no outside runs or areas of outdoor animal confinement.
   WASTE. Any garbage, refuse, manure, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product materials as defined by the Atomic Energy act of 1954, as amended.
   WETLANDS. Any area where ground water is at or near the surface at least six months of the year, the boundary of which shall be defined as that area where the emergent aquatic vegetation ceases and the surrounding upland vegetation begins.
   WHOLESALE MERCHANDISING/TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
   WIRELINE BACKHAUL FACILITY. An above ground or underground wireline facility used to transport communications data from a wireless facility network interface device to a network.
   WIRELESS FACILITY. Equipment at a fixed location that enables wireless services between user equipment and a communications network including equipment associated with wireless communications, radio transceivers, antennas, coaxial or fiber optic cable located on a utility pole or SCF support structure or immediately adjacent to the utility pole or SCF support structure or directly associated with equipment located on the utility pole or SCF support structure, regular and backup power supplies and rectifiers, and comparable equipment regardless of technological configuration. The term includes SCFs but does not include the structure or improvements on, under, or within which the equipment is collocated, or wireline backhaul facilities.
   WIRELESS INFRASTRUCTURE PROVIDER. A person that builds or installs wireless facilities or utility poles or SCF support structures but not a wireless provider.
   WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.
   WIRELESS SERVICES. Any services using licensed or unlicensed spectrum including the use of WiFi, whether at a fixed location or mobile, provided to the public.
   WIRELESS SERVICES PROVIDER. A person who provides wireless services.
   YARD. An open space on the same lot with a building or group of buildings which open space lies between the building or group of buildings and the nearest lot line. Also referred to as: required yard or setback.
   YARD, FRONT. A yard extending between the side lot lines across the front of a lot adjoining a public right-of-way. Depth of required FRONT YARDS shall be measured at right angles to a straight line adjoining 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 lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.
      (1)   Primary front yard. Any front yard adjacent to the street which is used as principal access for the lot. Unless otherwise differentiated, for the purposes of measuring required setbacks the phrases FRONT YARD or REQUIRED FRONT YARD refer to the primary front yard.
      (2)   Secondary front yard. On a lot with more than one frontage, any front yard adjacent to a street which is not used as principal access for the lot. Unless otherwise specified, for the purposes of measuring required setbacks, the minimum setback for all secondary front yards shall equal one-half the required setback for a primary front yard.
   YARD, REAR. A yard across the whole width of the lot extending from the rear line of the building to the rear line of the lot. In the case of through lots and corner lots, there will be no REAR YARDS but only front and side yards.
   YARD, SIDE. A yard between the building and the adjacent sideline of the lot which separates it from another lot and extends from the front lot line to the rear yard. In the case of through lots and corner lots, SIDE YARDS remaining after the full and half-depth front yards have been established shall be considered SIDE YARDS.
   ZERO LOT LINE. The location of a building on a lot in such a manner that the side of a building rests on a lot line.
   ZONING DISTRICT. A section of the city for which the regulations governing the use of land, the construction and use of buildings, and the occupancy of premises are hereby made.
(Ord. passed - - 2006; Ord. 609, passed 5-16-2022; Ord. 622, passed 10-7-2024)

§ 155.002 TITLE AND JURISDICTION.

   (A)   Title. This chapter shall be known and referred to as “The Zoning Ordinance of the City of Flandreau, South Dakota”.
   (B)   Jurisdiction. The provisions of this chapter shall apply to all territory within the boundaries of the city as established on the Official Zoning Map of the city.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

§ 155.003 PURPOSE AND INTENT.

   (A)   Purpose. The Zoning Ordinance is enacted for the purpose set forth and provided for in SDCL Chs. 11-4 and 11-6 that is to promote the general welfare of the population through sound policies of land development and land management and to preserve natural beauty and ecological balance. To this end, this chapter will prevent overcrowding of the land with population and structures and provide for adequate sanitation, transportation, and other community facilities. This chapter has been prepared in accordance with the Comprehensive Plan for the city and is designed to coordinate physical development of the community with needs for public services and facilities.
   (B)   Intent. The intent of this chapter is to place the power and responsibility of the use of land in the hands of the property owner contingent upon the compatibility of surrounding uses and the comprehensive land use plan.
   (C)   To foster a harmonious, convenient, workable relationship among land uses.
   (D)   To promote the stability of existing land uses that conform with the Comprehensive Land Use Plan and to protect them from inharmonious influences and harmful intrusions.
   (E)   To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the community as a whole.
   (F)   To prevent excessive population densities and overcrowding of the land with structures.
   (G)   To facilitate the appropriate location of community facilities and institutions.
   (H)   To protect and enhance real estate values.
   (I)   To safeguard and enhance the appearance of the community, including natural amenities.
   (J)   To regulate and restrict the height, number of stories, and bulk of building and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; and the location and use of other purposes.
   (K)   To regulate and restrict the erection, construction, reconstruction, alteration, repair, and use of building, structures, and land.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

§ 155.004 DECLARED MINIMUM REQUIREMENTS.

   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

§ 155.005 SEPARABILITY CLAUSE AND CONFLICTING ORDINANCES.

   (A)   Separability clause. Should the courts declare any section or provision of this chapter unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part other than the part so declared to be unconstitutional or invalid.
   (B)   Repeal of conflicting ordinances. All ordinances or part of ordinances in conflict with this chapter or inconsistent with the provisions of this chapter are repealed entirely. Specifically, Ordinance 476 and all amendments thereto is repealed.
   (C)   This chapter shall take effect and be in force from and after its approval, publication, and effective date according to South Dakota Codified Law.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)

§ 155.006 OFFICIAL ZONING MAP.

   (A)   Official Zoning Map. The city is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
      (1)    The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Finance Officer under the following words: “This is to certify that this is the Official Zoning Map referred to in Chapter 1.03 of Ordinance Number 622 of the City of Flandreau, State of South Dakota,”, summarized and adopted in this chapter, together with the date of the adoption of this chapter. The Official Zoning Map shall be on file at the office of the City Finance Officer.
      (2)   If, in accordance with the provisions of this chapter and Chapter 11-4 as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall not become effective until after said changes have been made on the Official Zoning Map by the City Finance Officer or, in his or her absence, a person designated by the City Council. Any unauthorized change by any person or persons shall be considered a violation of this chapter and punishable as provided under § 155.999.
      (3)   Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the city offices, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
   (B)   Rules where map designation uncertain. Where uncertainty exists with respect to the various zoning districts as shown on the Official Zoning Map, the following rules shall apply.
      (1)   The district boundaries are either streets or alleys, highways, rights-of-way, railroad rights-of-way, waterways, lot lines, property lines, quarter-section lines, half-section lines, or full-section lines unless otherwise shown.
      (2)   Where the designation on the Official Zoning Map indicates the various districts are approximately bounded by lot lines, the lot lines shall be the boundaries of such districts unless boundaries are otherwise indicated on the map.
      (3)   In subdivided property, the zoning district boundary line on the Official Zoning Map may be determined by use of the scale contained on the map.
   (C)   Annexation. Subsequent of the effective date of these regulations, any land annexed into the municipal boundaries of the city shall be automatically placed into the A, Agricultural District, unless and until such time as the area is rezoned by amendment of these regulations by ordinance, as provided for in § 155.183 of these regulations.
   (D)   Changes and/or replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, the City Council may, by ordinance, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Finance Officer and bear the seal of the city under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Flandreau, State of South Dakota.” Unless the prior Official Zoning Map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
   (E)   In the event that the Official Zoning Map becomes difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map, which shall supercede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.
   (F)   Changes to the Official Zoning Map shall require amendment of this regulation by ordinance, as provided for in § 155.183 of these regulations.
(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)