Huron City Zoning Code

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).

"Apartment hotel" means a hotel providing one or more dwellings where facilities for cooking are present.

(Ord. 985, 1971).

"Junkyard" means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled or handled, including but not limited to scrap iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included.

(Ord. 985, 1971).

"Land reclamation" means depositing four hundred cubic yards or more of material so as to elevate the grade.

(Ord. 985, 1971).

"Loading berth" means an unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise, as more fully defined in Section 23.36.010.

(Ord. 985, 1971).

"Lot" means a parcel of land occupied or used or intended for occupancy or use for a purpose permitted in this title, abutting on a public street, and of sufficient size to provide the yards and area required by this title.

(Ord. 985, 1971).

"Lot of record" means a part of a subdivision, the plat of which has been recorded in the office of the register of deeds, or registrar of titles, or a parcel of land, the deed to which was recorded in the office of the register of deeds, or registrar of titles, prior to the adoption of this title.

(Ord. 985, 1971).

"Lot area" means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated for public use or as a public thoroughfare or road.

(Ord. 985, 1971).

"Lot area per unit" means the number of square feet of lot area required per dwelling unit.

(Ord. 985, 1971).

"Corner lot" means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five degrees.

(Ord. 985, 1971).

"Lot depth" means the mean horizontal distance between the front lot line and the rear lot line of a lot.

(Ord. 985, 1971).

A "lot line" is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the nearest line of such public right-of-way shall be the "lot line" for applying this title.

(Ord.. 985, 1971).

"Front lot line" means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are within ten percent of being equal, the front lot line shall be that street line designated by the owner by having the front door of the structure facing that direction and by having the house number address facing the street in that direction and filed in the office of the building inspector as a part of the building permit.

(Ord. 2025 (part), 2007: Ord.985 (part), 1971).

"Rear lot line" means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length within the lot, connecting the side lot lines and parallel to the front lot line.

(Ord. 985 (part), 1971).

"Side lot line" means any boundary of a lot which is not a front lot line or a rear lot line.

(Ord. 985 (part), 1971).

"Through lot" means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot.

(Ord. 985 (part), 1971).

"Lot width" means the maximum distance between the side lot lines of any lot measured parallel to front lot line and within the required front yard.

(Ord. 985 (part), 1971).

"Manufactured home" means a factory-built structure that is manufactured or constructed under the authority of 42 United States Code Section 5401 or amendments thereof and has a permanent frame and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home. Manufactured and mobile homes are constructed in accordance with HUD standards, however mobile homes are different in that they were built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 which became effective June 15, 1976.

(Ord. 1872 (part), 2000: Ord. 1859 (part), 2000: Ord. 1598 (part), 1990).

(Ord. No. 2261-23-414, 6-17-2024)

"Mining" means the extraction of sand, gravel or other material from the land in the amount of four hundred cubic yards or more and removal from the site.

(Ord. 985 (part), 1971).

"Mobile home" means a factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

(Ord. 1598 (part), 1990: Ord. 985 (part), 1971).

(Ord. No. 2261-23-414, 6-17-2024)

A "mobile home/manufactured home park" is a parcel of land which is designed, maintained, intended or used for the purpose of supplying one standard mobile home lot for:

(a)

Dependent and independent; or

(b)

Independent, mobile homes. "Mobile home/manufactured home parks" shall not include a mobile home/manufactured home sales lot.

(Ord. 1598 (part), 1990: Ord. 985 (part), 1971).

"Modular home" means factory-built housing certified by the city building inspector as meeting the standards established by most current edition of the ICC Residential Building Code adopted by local resolution. A modular home has no permanent frame and is constructed in more than one section. Modular homes must be newly constructed or be inspected and approved (whether in person or by inside and outside photographs) by the City Building Official Prior to it being permitted for moving into the jurisdictional boundaries of the City of Huron's zoning ordinance.

(Ord. 1859 (part), 2000: Ord. 1598 (part), 1990).

(Ord. No. 2058, 3-16-2009; Ord. No. 2261-23-414, 6-17-2024)

"Home to be moved" is a house built to most current edition of the ICC Residential Building Code adopted by local resolution requirements constructed as one component, to be permanently relocated.

(Ord. 1859 (part), 2000).

(Ord. No. 2058, 3-16-2009)

"Motor court, motor hotel or motel" means a building or group of buildings other than a hotel used primarily as a temporary residence of a motorist, tourists or travelers.

(Ord. 1859 (part), 2000: Ord. 985 (part), 1971).

"Motor freight terminal" means a building or area in which freight brought by motor truck, or rail, is assembled and/or stored for routine in intrastate or interstate shipment by motor truck.

(Ord. 985 (part), 1971).

"Motor fuel station" means a place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are all made directly into motor vehicles.

(Ord. 985 (part), 1971).

"Motorized vehicle" means any vehicle which is designed to travel along, or on the ground or water and shall include, but not be limited to, ATV's (including four-wheelers and those on trailers), automobiles, buses, jet skis (including jet ski's on trailers), motorbikes, motorcycles, motor scooters, snow mobiles, trucks, tractors, go-carts, golf carts, campers, trailers, boats and farm equipment.

(Ord. 2043 (part), 2008).

"Nonconforming structure" means any structure permitted by the previous zoning ordinance existing upon the effective date of the ordinance codified in this title, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this title.

(Ord. 985 (part), 1971).

"Nonconforming use" means use of land, buildings or structures existing July 19, 1971, which does not comply with all the regulations of this title or any amendments hereto governing the zoning district in which such use is located.

(Ord. 985 (part), 1971).

"Noxious matter or materials" means material capable of causing injury to living organisms by chemical reaction, or which is capable of causing detrimental effects to the physical or economic well being of individuals, or animals in the area.

(Ord. 985 (part), 1971).

"Day nursery" means a use where care is provided for pay for three or more children for periods of four hours or more per day.

(Ord. 985 (part), 1971).

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

(Ord. 1872 (part), 2000).

"Open sales lot" means land devoted to the display of goods for sale, rent, lease, advertising, or trade where such goods are not enclosed within a building.

(Ord. 985 (part), 1971).

"Party wall" means a wall which divides two independent structures.

(Ord. 985 (part), 1971).

"Performance standard" means criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

(Ord. 985 (part), 1971).

"Person" includes both male and female, and also extends and is applied to bodies political and corporate and to partnerships and other unincorporated associates.

(Ord. 985 (part), 1971).

"Public hearing" means a meeting of the governing body where data on a particular topic is heard and the time, date and location of meeting and topic has been advertised in the designated official newspaper of the city.

(Ord. 985 (part), 1971).

"Public utility service" means the providing of electric power, gas, telephone, cable television signals, sanitary sewer and water supply.

(Ord. 985, 1971).

"Publication" means public notice placed in the designated official city newspaper stating time, location, date and purpose of a public hearing.

(Ord. 985, 1971).

"Recreational vehicle" means a vehicular type of unit not exceeding forty feet in overall length, eight feet in width or twelve feet in overall height; primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is designed to be mounted on or drawn by another vehicle. Recreational vehicle includes: travel trailer, camping trailer, truck slide-in camper and motor home. "Recreational vehicle" also includes boats and boat trailers.

(a)

A "travel trailer" is a vehicular portable unit, mounted on wheels designed to be drawn by a motorized vehicle and does not require a special highway movement permit.

(b)

A "camping trailer" is a vehicular portable unit, mounted on wheels and constructed with collapsible partial side walls which fold for towing by a motorized vehicle.

(c)

A "truck slide-in camper" is a portable unit designed to be loaded onto the bed of a pickup truck.

(d)

A "motor home" is a vehicular unit built on a self-propelled motor vehicle chassis.

(e)

A "boat" is a vehicular unit designed for traveling in or on the water.

(Ord. 1509, 1984: Ord. 985, 1971).

"Retirement community, continuing care" means a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lodging and care is provided at the same location.

(Ord. 1872 (part), 2000).

"Sign" means any structure either stationary or movable, containing any writing, announcement, declaration, demonstration, display, illustration, insignia, or illumination used to advertise or promote the interest of any person when the same is displayed out of doors.

(Ord. 985, 1971).

"Advertising billboard sign" means a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

(Ord. 985, 1971).

"Business sign" means a sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which such sign is located or to which it is affixed.

(Ord. 985, 1971).

"Flashing sign" means a sign where light is not maintained stationary or constant in intensity and color at all times in which the sign is in use.

(Ord. 985, 1971).

A "name plate sign" means any sign which states the name or address or both of the business or occupant of the lot or building where the sign is placed or may be a directory listing the name, addresses and business of occupants.

(Ord. 985, 1971).

For "gross area of sign," see Section 23.40.030(14).

(Ord. 1872 (part), 2000: Ord. 985, 1971).

"Illuminated sign" means any sign which is illuminated in any way, including by reflection.

(Ord. 985, 1971).

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a full story, and a cellar shall not be counted as a story.

(Ord. 985, 1971).

"Street" means a public right-of-way not less than sixty feet in width which affords a primary means of access to abutting property, and also includes avenue, highway, or road, excepting existing public right-of-way of lesser width.

(Ord. 985, 1971).

"Structure" means anything constructed or erected on, or connected to the ground.

(Ord. 985, 1971).

"Transmission receiving antenna" means any mechanism or device which utilizes a reflective surface to receive and collect radio or television transmission signals from a transmitter.

(Ord. 1517, 1985).

"Use" means the purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized, or maintained, and includes the performance of such activity as defined by the performance standards of this title.

(Ord. 985, 1971).

"Townhouse" means a single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.

(Ord. 1990 (part), 2005).

For "conditional use," see Section 23.08.054.

(Ord. 985, 1971).

"Permitted use" means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.

(Ord. 985, 1971).

"Principal use" means the main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional.

(Ord. 985, 1971).

"Utility/storage/garden shed" means a detached accessory building which is used primarily for private storage and has one hundred twenty square feet or less of floor area.

(Ord. 1609 (part), 1990).

"Vacation rental home" establishment means any home, cabin, or similar building that is rented or leased for less than one month at a time, to the public on a daily or weekly basis for more than fourteen days in a calendar year, is furnished in its entirety and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in SDCL 34-18-9.1(1).

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

"Vending machine" means any coin-operated device which dispenses a product or service without an attendant.

(Ord. 985, 1971).

"Wind energy conversion system" means any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power. "Wind energy conversion system" shall not include the term "public utility structure."

(Ord. 1503, 1984).

"Yard" means a required open space on a lot, which is unoccupied and unobstructed by a building from its lowest ground level to the sky except as expressly permitted in this title. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. A yard shall be measured from the lot line to the vertical wall of the principal structure or structures.

(Ord. 985, 1971).

"Front yard" means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth at its shallowest required in the yard regulations for the district in which such lot is located.

(Ord. 985, 1971).

"Rear yard" means a yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

(Ord. 985, 1971).

"Side yard" means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. A side yard may be along a street right-of-way.

(Ord. 2025 (part), 2007: Ord. 985, 1971).

"Zoning administrator" means a person appointed by the governing body as provided by this title.

(Ord. 985, 1971).

"Zoning district" means an area or areas within the city limits or under the city's jurisdiction for which the regulations and requirements governing zoning, use, lot and size of building and premises are uniform.

(Ord. 985, 1971).

"Zoning variance" means an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land which is otherwise prohibited by this title. Whenever the word "variance" appears by itself, it means "zoning variance" unless the context clearly indicates otherwise.

(Ord. 1219, 1976).