The language set forth in the text of this title shall be interpreted in accordance with the following rules of constructions:

(1)

The singular number includes the plural and the plural the singular.

(2)

The present tense includes the past and future tenses, and the future the present.

(3)

The word "shall" is mandatory, and the word "may" is permissive.

(4)

The masculine gender includes the feminine and neuter genders.

(5)

Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in such definition thereof.

(6)

All measured distances expressed in feet shall be to the nearest tenth of a foot.

(Ord. 985, 1971).

The following words and terms, whenever they occur in this title are defined as set forth in Sections 23.08.006—23.08.198.

(Ord. 985, 1971).

"Abutting" means making contact with or separated only by a public thoroughfare, railroad, or other public utility right-of-way or navigable waters.

(Ord. 985, 1971).

"Airport" or "heliport" means any land, water, or structure which is used or intended for use, for the landing and take-off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way.

(Ord. 985, 1971).

"Accessory use or structure" means a nonresidential use or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto.

(Ord. 985, 1971).

"Addition" means the physical enlargement of an existing structure or area.

(Ord. 985, 1971).

"Rural agricultural use" means an area in excess of two acres which is used for the production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area, as well as for the raising thereon of farm poultry and domestic and non-domestic farm animals, such as horses, cattle, sheep, and swine. "Farming" includes the operating of such area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the farming activity, and provided further that farming does not include commercial pen feeding (feed lots) for the commercial feeding of cattle, sheep, swine or other animals.

(Ord. 985, 1971).

"Urban agricultural use" means an area less than two contiguous acres which is used for the purpose of growing produce including crops, fruit, trees, shrubs, plants and flowers, vegetables and the like provided such produce is intended solely for the use of residents on the property or sale away from the property. It shall not include the raising of animals, operation of roadside stand for sale of products, processing or packaging operations, or similar uses.

(Ord. 985, 1971).

"Alley" means a public right-of-way which affords a secondary means of access to abutting property.

(Ord. 985, 1971).

"Domestic animals" means fish, dogs, cats, birds, rabbits and similar animals. "Nondomestic animals" means cattle, hogs, horses, bees, sheep, mink, goats, chickens, doves, pigeons, and other commonly known farm animals.

(Ord. 985, 1971).

"Apartment" means a room or suite of rooms with cooking facilities available which is occupied as a residence by a single family or person. Includes buildings with two or more dwelling units and efficiency units.

(Ord. 985, 1971).

"Assisted living center" means any institution, rest home, boardinghome, place, building, or agency which is maintained and operated to provide personal care and services which meet some need beyond basic provision of food, shelter, and laundry in a free-standing, physically separate facility.

(Ord. 1872 (part), 2000).

"Major automobile repair" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major wanting service.

(Ord. 985, 1971).

"Minor automobile repair" means the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when the service above stated is applied to passenger automobiles and straight trucks not to exceed twenty-five thousand GVW and truck tractors.

(Ord. 985, 1971).

"Auto or motor vehicle reduction yard" means a lot or yard where one or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment.

(Ord. 985, 1971).

"Basement" means a portion of a building partly underground, but having less than half its floor-to-ceiling height below the average grade of the adjoining ground.

(Ord. 985, 1971).

"Bay" means cantilevered area.

(Ord. 985, 1971).

"Bed and breakfast" establishment means any building or buildings run by an operator which is used to provide accommodations for a charge to the public, with at most five rental units for up to an average of ten guests per night and in which family style meals are provided. "Family style meal" as used herein means any meal ordered by persons staying at a bed and breakfast establishment which is served from common food service containers, as long as any food not consumed by those persons is not reused. "Operator" as used herein means the owner or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property. This term does not include a vacation home establishment as defined in SDCL 34-18-1(21).

(Ord. No. 2108-23-377, 2-27-2012)

For "billboard" sign see Section 23.08.158.

(Ord. 985, 1971).

"Boarder" means an individual other than a member of the family occupying a dwelling unit who, for a consideration, is furnished sleeping accommodations, meals, and may be provided personal care, financial services, counseling, or other such services.

(Ord. 1872 (part), 2000).

"Boardinghouse" means a building other than a motel or hostel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for two or more persons, but not to exceed eight persons.

(Ord. 985, 1971).

"Board of adjustments" means that board established under Chapter 23.01.

(Ord. 985, 1971).

"Building" means any structure having a roof which may provide shelter or enclosure for persons, animals or chattel, and when the structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.

(Ord. 985, 1971).

"Building height" means a distance to be measured from the mean curb level along the front lot line or from the mean ground level or all of that portion of the structure having frontage on a public right-of-way, whichever is higher either to the top of the cornice of a flat roof, or to the deck line of a mansard roof, or to a point on the roof directly above the highest wall of a shed roof or to the uppermost point on a round or other arch type roof or to the midpoint of the highest gable on a pitched or hip roof.

(Ord. 985, 1971).

"Campground" means 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 for children or adults, or both. Camping units are considered to be trailers, tent campers, campers, tents or other equipment that may be used by the traveling public at individual campsites located at campgrounds or areas used by the public as campgrounds.

(Ord. 985, 1971).

All parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol in a drug product approved by the United State Food and Drug Administration. The term does not include the plant Cannabis sativa L. 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. (SDCL 34-20B-1(12)).

(Ord. No. 2226-23-404, 9-13-2021)

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.

(Ord. No. 2226-23-404, 9-13-2021)

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.

(Ord. No. 2226-23-404, 9-13-2021)

A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

(Ord. No. 2226-23-404, 9-13-2021)

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.

(Ord. No. 2226-23-404, 9-13-2021)

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.

(Ord. No. 2226-23-404, 9-13-2021)

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.

(Ord. No. 2226-23-404, 9-13-2021)

"Carport" means an automobile shelter having one or more open sides.

(Ord. 985, 1971).

"Cellar" means that portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.

(Ord. 985, 1971).

"Commercial dog kennel" means any premises where three or more dogs, at any one time, over two months of age, are owned boarded, bred or offered for sale.

(Ord. 985, 1971).

"Commission" means the planning and zoning commission of the city of Huron.

(Ord. 985, 1971).

"Conditional uses" means those occupations, vocations, skills, arts, businesses, professions, or uses specifically designated in each zoning use district, which for their respective conduct, exercise or performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, conditions, modification, or regulations in such use district for the promotion or preservation of the general public welfare, health, convenience, or safety therein and in the city, and therefore may be permitted in such use district only by a conditional use permit.

(Ord. 985 (part), 1971).

"Conditional use permit" means a permit specially and individually recommended by the planning commission and after public hearing held thereon by the board of adjustment for any conditional use so permitted in any use district.

(Ord. 1289, 1977: Ord. 985 (part), 1971).

"Court" means any open space, unobstructed from the ground to the sky, that is bounded on two or more sides by the walls of a building that is on the same lot.

(Ord. 1872 (part), 2000).

"Inner court" means an open area, unobstructed from the ground to the sky, that is bounded on more than three sides by the exterior walls of one or more buildings.

(Ord. 1872 (part), 2000).

"Outer court" means an open area, unobstructed from the ground to the sky, that is bounded on not more than three sides by the exterior walls of one or more buildings.

(Ord. 1872 (part), 2000).

"Child care facility" means any facility providing care and/or instruction for children not residing on the premises with such care being on a regular basis for a fee. All such facilities shall comply with applicable state licensing requirements. For purpose of density control in zoning districts, these facilities shall be divided into two classes:

(1)

I. Care for one through twelve children including those residing on the premises under the age of twelve. Such facilities do not require any local permit or inspection;

(2)

II. Care for thirteen or more children not residing on the premises. Fencing and local inspections for fire, safety, health and building code compliance are required.

All such facilities shall be permitted uses in churches or similar nonprofit institutions, provided they comply with all licensing, fencing and inspection requirements pertaining to the class of the facility.

(Ord. 1647, 1991: Ord. 1278, 1977).

"City governing body" refers to the governing body of the city of Huron.

(Ord. 985, 1971).

"Curb level" means the elevation of the established curb in front of a building measured at the center of such front.

(Ord. 985, 1971).

"Deck" means an above-grade, roofless platform adjoining a house.

(Ord. 1872 (part), 2000).

"Dwelling" means a building with one or more portions thereof occupied or intended to be occupied for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, trailers, tents, cabins or mobile homes.

"Dwelling unit" means a single family dwelling.

(Ord. 985, 1971).

"Attached dwelling" means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

(Ord. 985, 1971).

"Detached dwelling" means a single dwelling unit not attached to another dwelling or structure.

(Ord. 985 (part), 1971).

"Multiple dwelling" means a building having accommodations for and occupied exclusively by more than two families.

(Ord. 985 (part), 1971).

"Townhouse dwelling" means a single family building having one or more walls in common with another single family building oriented so as to have all exits directly to the out-of-doors.

(Ord. 985 (part), 1971).

"Factory-built housing" means a factory-built structure designed for long-term residential use. For the purposes of these regulations, factory-built housing consists of three types: modular homes, mobile homes and manufactured homes.

(Ord. 1598 (part), 1990).

"Factory-built structure" means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site.

(Ord. 1598 (part), 1990).

"Family" means an individual, or two or more persons each related by blood, marriage or adoption living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities.

(Ord. 985 (part), 1971).

"Farm" means a tract of land, together with fields, buildings, farm implements, animals and personnel, for the intended purpose of producing crops or raising livestock as a principal source of income for the residents or owner.

(Ord. 1248 (part), 1976).

"Farmer" means one whose occupation is farming.

(Ord. 1248 (part), 1976).

"Hobby farm" means a parcel of land, together with fields, buildings, animals and implements, the residents of which may raise crops or livestock primarily for pleasure or a pastime, which does not generate a principal source of income for those residents.

(Ord. 1248 (part), 1976).

"Farming" means the occupation of producing crops or raising livestock on a farm.

(Ord. 1248 (part), 1976).

"Commercial feedlot" means a place where the principal business is the feeding, raising or holding of livestock in a confined area which is not subordinate to the production of crops on the premises. Under normal operating conditions, the livestock held are fattened by feed which is produced off the site.

(Ord. 1248 (part), 1976).

"Farm feedlot" means a place where there is feeding, raising or holding of livestock in a confined area as a subordinate use to the raising of crops upon the premises. Under normal growing conditions, the crops produced upon the premises constitute the main source of feed for the livestock being held.

(Ord. 1248 (part), 1976).

A "fence" is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure.

(Ord. 985, 1971).

"Floor area" means the sum of the gross horizontal areas of the several floors of a building including interior balconies; mezzanines, basements and attached accessory buildings, excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space.

(Ord. 985, 1971).

"Floor area ratio" means the numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building or buildings are located.

(Ord. 985, 1971).

"Private garage" means a detached or attached accessory building or a carport, which is used primarily for storing passenger vehicles, trailers or one straight truck not to exceed 25,000 GVW and truck tractors and is at least one hundred twenty-one square feet or more of floor area.

(Ord. 1609 (part), 1990: Ord. 985, 1971).

"Hearing examiner" means a person appointed by the governing body as provided by this title.

(Ord. 1637 (part), 1991).

"First public hearing" means that public hearing held by the hearing examiner on behalf of the board of adjustment or governing body for the purpose of accepting and considering written or oral testimony and information in regards to a requested variance, conditional use, or home occupation in order to forward such testimony and information with his recommendation to the board of adjustment or governing body.

(Ord. 1637 (part), 1991).

"Second hearing" means that hearing held by the board of adjustment or governing body to consider the recommendation of the hearing examiner and to take appropriate action.

(Ord. 1637 (part), 1991).

"Home occupation" means any gainful occupation or profession conducted within a dwelling or accessory building by a resident thereof.

(Ord. 1637 (part), 1991: Ord. 1248 (part), 1976: Ord. 985 (part), 1971).

"Home occupation permit" means the form upon which is noted the home occupation applied for with the subsequent action taken by the governing body.

(Ord. 1637 (part), 1991: Ord. 1245, 1976).

"Hotel" means a building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which principal access to and from all rooms is made through an inside lobby or office supervised by a person in charge.

(Ord. 985, 1971).