For the purpose of this ordinance, certain terms and words are defined.

The present tense includes the future tense.

The singular number includes the plural.

The plural number includes the singular.

The word "lot" includes the words "plot" or "parcel."

The word "shall" is mandatory and not discretionary; the word "may" is permissive.

The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied.

Any word not herein defined shall be as defined in any recognized Standard English dictionary.

For the purpose of this Ordinance certain words and terms used herein shall be defined and interpreted as follows:

All words used in the present tense include the future tense. All words in the plural number include the singular number, and all the words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory. The word "used" shall be deemed also to include "designed, intended or arranged to be used." (see above)

Accessory Use or Structure. As applied to use or structure, means customarily subordinate or incidental to, and on the premises of such use or structure.

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 with the above stock in trade sell prosthetic devices, 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. The term "adult use" shall include adult entertainment facility, adult bookstores, adult motion picture theaters, and adult photo studios as defined in this section.

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.

Alley. A minor way, dedicated to public use, which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.

Animal Unit. One animal unit is equivalent to one beef cow, steer, feeder or fat beef animal, 0.5 horse; 0.5 dairy cow; 1.5 swine; 6.5 sheep; 33 hens, cockerels, capons, broilers, or ducks; and 10 geese or turkeys.

Auto Wrecking. The collecting, burning out, dismantling or wrecking of used motor vehicles, wheeled or track laying equipment, or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles, wheeled or track-laying equipment, or trailers or their parts. The dismantling and rebuilding other than custom repair, of more than one motor vehicle, piece of wheeled or track laying equipment, or trailer at a time even though not for profit or a principal use of a parcel of land shall be defined as auto wrecking. The storage of a partially dismantled motor vehicle, piece of wheeled or track laying equipment or trailer shall be considered auto wrecking.

Bar/lounge. An establishment that is licensed to sell alcoholic beverages by the drink.

Basement. A Basement has more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes.

Bed and Breakfast Establishment (B&B). A private single-family residence, which is used to provide, limited meals and temporary accommodations for a charge to the public. Such establishments should be located where there will be minimal impact on surrounding residential properties and should comply with the following conditions:

(a)

B&Bs shall be limited to residential structures with an overall minimum of 1,800 square feet of floor area. Preference will be given to structures with historic or other unique qualities.

(b)

They shall be in compliance with applicable state laws including registration with the South Dakota Department of Health, maintaining a guest list, and providing a smoke detector in each sleeping room.

(c)

Accessory use signs shall be based on similar requirements for a home occupation permit and shall not be more than one square foot in area.

(d)

Such uses shall be an incidental use within an owner-occupied principal dwelling structure provided that not more than four bedrooms in such dwelling structure shall be used for such purpose.

(e)

Off-street parking requirements shall be one space per guest room and shall be in addition to parking requirements for the principal use. Off-site parking may be acceptable if permitted parking facilities are within 500 feet. Off-street parking shall not be located in a required front or side yard and screening shall be required when adjacent to residentially-used property.

(f)

The length of stay shall not exceed 14 days during any 120-day consecutive period.

(g)

Meals shall be limited to breakfast, which is prepared in a common facility (household kitchen). Meals may be served only to overnight registered guests and cooking is not permitted in the sleeping rooms.

(h)

The building shall meet all building codes and zoning requirements. A site plan showing the location of guest parking spaces and floor plan showing a location of the sleeping rooms, lavatories, and bathing facilities, and kitchen shall be submitted with application.

Billboard. Any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, except the name and occupation of the user of the premises, the nature of the business conducted on the premises or the products primarily sold or manufactured on the premises and having an area of 100 square feet or more. Any signboard carrying a message excepted in this definition which also carries extraneous advertising of 100 square feet or more shall be considered a billboard. This definition shall not include any board sign or surface used to display any official notices issued by a court or public duty, or bulletin boards used to display announcement of meetings to be held on the premises on which such bulletin boards are located, nor shall it include a real estate sign advertising for sale or rent the property upon which it stands when such sign does not exceed 100 square feet.

Block. A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, or a combination thereof. There may be more than one numbered block as shown on a plat, falling within a single block as herein defined.

Board. The Board of Adjustment of the City of Madison, South Dakota.

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 public or transients.

Buildable Area. That portion of the lot that can be occupied by the principal use, thus excluding the front, rear and side yards.

Building. The word "building" includes the word "structure" designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind 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. Any structure having a roof or partial roof supported by columns, posts or walls for the enclosure of persons, animals, equipment or chattels of any kind. A residential building within the meaning of this Ordinance shall include a building enclosed by a continuous wall, regardless of the existence of platted lot lines through the area occupied by such building. A commercial or industrial structure may within a meaning of this Ordinance consist of separate buildings where party walls or ownership lines exist in such a manner as to indicate the intent that they be separate buildings. A tent shall be defined as a building for the purpose of this Ordinance.

Building Height. The distance measured from the mean elevation of the grade at the front face of the building to the highest point on the roof or parapet of said building.

Building Line. Is a line on the lot running parallel to the required horizontal distance from the nearest property line.

Building Principal. A building in which is conducted the primary principal use of the site on which it is situated. In any residential district any dwelling shall be deemed to be the principal building of the site on which it is located.

Campground. 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 on a dry weight basis.

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

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

Cannabis Establishment. 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 further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

Cannabis Products. 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 further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.

Car Wash. A facility used to clean the exterior, and sometimes the interior, of automobiles.

Carports. A structure used to house motor vehicles, which has a minimum of two sides open and not less than one third of its perimeter open.

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. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

Clinic, Medical. A building or portion of a building containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, chiropractic, physical therapy or similar services for outpatients only, with or without shared or common spaces and equipment. A common area pharmacy or drug dispensary available to persons other than patients being treated therein or making charges separate from bill for professional services of said practitioners shall not be considered as a medical clinic use.

Clear View Triangle. A triangular-shaped portion of land established at street intersections and ingress/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 the intersection (see illustration below).

CLEAR VIEW TRIANGLE

Club. Club shall include clubhouse and shall mean a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable for similar purposes, but shall not include an organization or premises the chief activity of which is a service or activity customarily carried on as business even though it may be chartered and named for purposes herein defining a club.

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.

Commission. The Board of City Commissioners of the City of Madison, South Dakota.

Comprehensive Plan. The adopted long-range plan intended to guide the growth and development of The City of Madison.

Conditional Use. A use that would not be appropriate generally or without restriction throughout the zoning district by which if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted by the City Commission when specific provision is made in this ordinance. Conditional uses are subject to evaluation and approval by the City Commission 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 4315A [Ch. 43-15A].

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.

Contractor Shops and Storage Yards. Those facilities to 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.

Country Club. For the purpose of this Ordinance, country clubs shall include golf courses, par three golf course, swimming pools, tennis clubs and neighborhood clubhouses any and each of which shall be located on a site of not less than one acre and open only to membership subscribing for the use of all facilities for a term of not less than one year and members nonpaying guests. Sleeping facilities other than quarters for one caretaker or manager and his family shall be prohibited. Clubs operated as restaurants, cocktail lounges, card/ rooms, beer taverns, bowling alleys, pool and billiard parlors and similar activities normally carried on as a business shall be excluded from the definition of a country club. Nothing herein shall be construed to limit the method of operation of such facilities enumerated in this definition when owned or operated by a governmental agency.

Day Care Center. Any operation which provides child care services. To be considered a Day Care Center under these regulations, such operation must be licensed by the State of South Dakota.

Day Care Center, Commercial. A day care center which is operated in a structure which is not a dwelling unit. To be considered a Day Care Center under these regulations, such operation must be licensed by the State of South Dakota.

Density. The number of families, individuals, dwelling units, or housing structures per unit of land.

Development. The carrying out of any surface or structure construction, reconstruction or alteration of land use or intensity of use.

Drive-In. May be used as a noun or adjective and shall refer to a business which [is] designed to serve patrons while they are reposed in vehicles or by means of service windows with the intent that products be consumed in automobiles. This shall not be construed to include places for making deposits from automobiles such as drive-in bank windows, post office drop boxes or laundry or cleaning drop boxes.

Downtown Parking Zone. The lots with a front and/or side yards adjacent to the streets identified as the Downtown Parking Zone as designated in Chapter 40, Article III, Division 2 of the City Code.

Dwelling. A building or portion thereof designed or used exclusively for residential occupancy, including single-family dwelling, two-family dwellings, multifamily dwellings, congregate living dwellings and group dwellings; provided, however, that the following are not dwellings:

(a)

Hotels, motels, tourist courts and cabins;

(b)

In a building that contains one or more dwelling units or lodging rooms in addition to one or more nonresidential uses, the portion of such building that is devoted to such nonresidential uses, except when accessory to the residential uses;

(c)

Used for the institutional care of people such as hospitals, rest homes, orphanages, and homes for the aged.

Dwelling, Attached (Row). A multifamily dwelling in which each dwelling unit has a separate entrance and is either:

(a)

Joined to one other dwelling unit at one side by one party wall; or

(b)

Joined to two other dwelling units by one party wall on each side.

Dwelling, Congregate Living. A building or part thereof that contains sleeping quarters where family residents share bathroom and/or kitchen facilities provided however that the following are not congregate living dwellings:

(a)

Dwellings with kitchen facilities in sleeping quarters.

(b)

Dwellings with the number of bathrooms immediately adjoining and exclusive to sleeping quarters less than 50 percent of the number of sleeping quarters.

Dwelling, Detached. A dwelling that is completely surrounded by open space on the same lot.

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, Multifamily. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of household units provided.

Dwelling, Single Family. A detached residential dwelling building, other than a manufactured home but to include modular homes, containing one household unit.

Dwelling, Two Family. A building containing two dwelling units only.

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 physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Dwelling, Group. A structure other than hotel or motel inhabited by more or less permanent occupants in excess of four, living independently in quarters other than dwelling units.

Electronic Message Sign. 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.

Engineer. Means any engineer licensed by the State of South Dakota.

Family. One or more individuals related by blood or law, occupying a dwelling unit and living as a single household unit. A family shall not include more than six adults who are unrelated by blood or law, in addition to persons actually related by blood or law the following persons shall be considered related by blood or law for the purpose of this title:

(1)

A person residing with the family for the purpose of adoption;

(2)

Not more than six persons under eighteen years of age, residing in a foster home licensed or approved by a governmental agency;

(3)

Not more than four persons nineteen years of age or older residing with the family for the purpose of receiving foster care licensed or approved by a governmental agency; and

(4)

Any person who is living with the family at the direction of a court.

Farm. A bonafide business for the production of agricultural products and the incidental use of horses, dogs or other animals and other similar operations; but specifically excluding greenhouses, horticultural nurseries, and kennels and other similar commercial operations.

Feed Lots. A feedlot is a lot, yard, corral, building or other area where animals 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. A feeding operation involving more than two animal units in either a confined area where manure may concentrate or in a situation where the concentration of animals is such that vegetative cover cannot be maintained. One animal unit is equivalent to one beef cow, steer, feeder or fat beef animal; one horse; 0.7 dairy cow; 1.7 swine; 6.7 sheep; 33 hens, cockerels, capons, broilers or ducks; and 10 geese or turkeys.

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.

Filling Station. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, but where the following activities are not carried out as a normal part of doing business:

(a)

Major mechanical work, involving removal of the head or crankcase.

(b)

Auto bodywork, including straightening of auto body parts.

(c)

Painting or welding of any automobile parts.

(d)

Storage of automobiles not in operating condition.

(e)

Any other automobile work which involves noise, glare, fumes, smoke, or other characteristics not normal found at places which sell gasoline at retail.

Fitness Facility. A recreation facility operated as a business with equipment and facilities for exercising and improving physical fitness.

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.

Floor Area. The floor area of a building shall include all areas having headroom of seven feet or more, including basement areas where they are used as a dwelling unit for sleeping accommodations, or other family eating or living purposes, but not including basement floor areas used for utility and storage purposes. Floor areas for business and industrial building shall include all usable floor space above grade and that portion of basements. Measurements shall be made at the outside of outside walls. An area may be surfaced with natural earth and still be considered a floor.

Fair Market Value. A price at which buyers and sellers with a reasonable knowledge of pertinent facts and not acting under any compulsion are willing to do business.

Garages, 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.

Golf Course. Golf course are used herein shall mean standard sized layouts of at least nine holes and shall not include miniature golf courses, par three golf courses, pitch and putt courses or driving ranges.

Grade. The main elevation of the ground measured along the wall of the building, or a lot line, or the top of a street curb or official grade of a street curb not yet constructed, or an official grade of an alley surface, as appropriate to the context in which the term is used. 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 structure, which may consist of glass, plastic or other opaque surfaces, in which temperature and humidity can be controlled for the cultivation or protection of plants.

Gross Parking Lot Area. That portion of a site or contiguous sites, regardless of ownership, consisting of connected areas intended for use by vehicles including parking stalls, drives and alleys, and maneuvering areas.

Ground Coverage. The area of a parcel occupied by all buildings expressed as a percentage of the gross area of the parcel.

Ground Sign. A freestanding sign identifying the name or type of business, including whatever structure is needed to support such sign.

Group Home. A supervised living or counseling arrangement in a family home context providing for the 24-hour care of children or adults.

Home Occupation. A business, profession, occupation, or trade conducted for profit and located entirely within a dwelling, which use is accessory, incidental, and secondary to the use of the dwelling for residential purposes and does not change the essential residential character or appearance of such dwelling provided that:

No person other than members of the family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinated to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

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

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

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

(a)

There shall be no external evidence of the occupation with the exception of one unlighted nameplate of not more than one square foot in area attached flat against the building. Advertising displays and advertising devices displayed through a window of the building will not be permitted.

(b)

There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance at the zoning lot line.

(c)

The activity shall employ only members of the immediate family of the resident of the dwelling.

(d)

There shall not be a stock of goods on the premises which shall be of a flammable nature.

(e)

There shall be no signs, radio, television, newspaper, handbill or similar types of advertising linking the address of the premises with the home occupation.

(f)

Said home occupations shall not involve continual visits by the general public except that music lessons may be given to one pupil at a time; dance and art lessons may be given to four pupils at a time; a seamstress/tailor may have two customers at a time; and a professional person may have one client or patient at a time. A beauty shop may have two customers at a time; and a professional person may have one client or patient at a time. A beauty salon may have two customers at a time.

(g)

The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for the display of products grown on the premises.

(h)

Said occupation may include the caring for not more than 12 children at one time for hire.

(i)

Room or board for hire, but not for more than two persons.

(j)

Should violations or complaints be filed with the Administrative Official, a new permit may be required provided said home occupation/conditional use permit was issued not less than one year prior to the required re-application.

Hotel or Motel. A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are four or more guest rooms, and which is 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.

Illuminated Sign. Any sign that is lighted by an exterior or interior artificial light source.

Joint Identification Sign. A sign which serves as common or collective identification for a group of persons or businesses operating on the same lot (e.g., shopping center, office complex, etc.) Such sign may name the persons or businesses.

Junk or Salvage Yard. A place where waste, discarded or salvaged metals, building materials, paper, textiles, used plumbing fixtures, and other used materials are bought, sold, exchanged, stored, baled or cleaned; and places or yards for the storage of salvaged metal, materials and equipment; but not including pawn shops and establishments for the sale, purchase or storage of used cars or trucks in operable condition, boats or trailers in operable condition, salvaged machinery in operable condition, and used furniture and household equipment in useable condition and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.

Kennel. Any premise[s] or portion thereon where more than three adult dogs, cats, or other household pets are raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically excluded.

Kitchen Facility. An area with a sink and permanent provisions for food preparation and cooking.

Large Wind Energy Conversion System orLWECS. All WES facilities excluding Small Wind Energy Conversion Systems.

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.

Lineal Frontage. That street frontage designated by the mailing address.

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 parcel or tract of land having specific boundaries and which has been recorded in the Register of Deeds office. 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 road or other approved access.

Lot Frontage. The front of a lot shall be construed to be 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. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot Measurements.

Depth: The average mean horizontal distance between the front and rear lot lines.

Width: The width of a lot at the front yard line.

Area: The lot area is the area of a horizontal plane in square feet or acres within the lot line.

Lot Width. The distance between side lot lines measured at the rear of the required front yard on a line parallel with a line tangent to the street right-of-way line.

Lot of Record. A lot which is part of a subdivision recorded in the office of the Lake County Register of Deeds, prior to the adoption of this ordinance.

Lot Types. See Figure below:

LOT TYPES

[A.]

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.

A[B].

Interior Lot. A lot other than a corner lot with only one frontage on a street.

B[C].

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.

C[D].

Reversed Frontage Lot. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), and interior lot (B-D) or through lot (C-D).

Manufactured Home. See Section 17.312.

Manufactured Home Park. See Section 17.313.

Marquee, Awning and Canopy Signs. Any message or identification which is affixed to or part of a marquee, awning or canopy.

Minor Repair; Automobile. The replacement of minor assemblies or parts and tune-up of automobiles, or trucks of less than 15,000 pounds gross license weight, but not including body and fender work, painting, engine overhaul or similar type of work.

Modular Home. See Section 17.312.1.

Moved-in Building. A building that previously existed on a lot of different location relocated for use as a residence, outbuilding, commercial, industrial or any building used in relation to these uses shall be recognized as a moved-in building.

Nonconforming Sign. A sign which lawfully existed at the time of the adoption of this Section, which does not conform to the requirements thereof.

Nonconforming Building/Use. Any building or land or use of land, lawfully occupied by a use at the time of passage of this ordinance or amendment which does not conform after the passage of this ordinance 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 ordinance 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 ordinance.

Outdoor Advertising Business. Provisions of outdoor displays or display space on a lease or rental basis only.

Overlay District. A set of zoning requirements that is described in the ordinance text, is mapped, and is imposed in addition to those of the underlying primary zone. Development within the overlay district must conform to the requirements of both the underlying primary zone and the overlay district or the more restrictive of the two.

Parcel. A single tract of land, located within a single block, which at the time of filing for a building 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 permit are issued and including such area of land as may be required by the provisions of this Ordinance for such use, building or structure.

Parking Space, Off-Street. An area, enclosed or unenclosed, sufficient in size to store one automobile, not less than ten feet wide and 20 feet long, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Par-Three Golf Course. A golf course other than a miniature golf course and other than a golf course defined herein, and having greens similar to a golf course and fairways of not less than 50 yards in length. A par-three golf course may not be lighted unless so specified as permitted in the text of this Ordinance.

Permit. A permit required by these regulations unless stated otherwise.

Permitted Special Use. A use allowed in a zoning district subject to the applicable restrictions of that zoning district and additionally subject to certain restrictions for that specific use.

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, includes the following terms: "firm," "association," "organization," "partnership," "trust," "company," or "corporation" 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. These establishments offer a wide range of personal services (laundry, hair care, etc.).

Planning Commission. The members appointed by the City Commission to serve in an advisory capacity on planning and zoning matters.

Plat. The maps, drawings, or charts on which a subdivider's plan of subdivision is legally recorded.

Primary Zones. A zoning classification which can stand alone as a classification of a parcel of property.

Principal Permitted Use. That use of a parcel which is among the uses allowed as a matter of right as the exclusive use of a lot under the zoning classification.

Portable Sign. A sign constructed to be moveable from one location to another or not permanently attached to the ground or to any permanent structure.

Principal Use. The primary use to which the premises are devoted.

Projecting Sign. A sign, other than a wall sign, which projects from and is supported by a building.

Reader Board Sign. A sign intended to display a message through the use of manually-changed letters, that is permanently attached to a ground sign or affixed to a wall. All other such signs shall be deemed as temporary signs.

Real Estate Sign. A sign advertising the sale, rental, or development of the premises upon which it stands, or directing attention to the opening or location of a new residential development.

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.

Resource Recovery/Solid Waste Transfer Station Facilities. A facility used to separate, transfer, process, modify, convert or otherwise prepare solid waste so that component materials or substances may be beneficially used or reused as raw materials, including the following:

(a)

Buy-Back Center for Recyclables. A facility where recyclable material, such as, but not limited to, glass, plastics, paper, metal containers and corrugated cardboard can be purchased and temporarily stored prior to delivery to a processing facility or market.

(b)

Citizens' Drop-Off Facility. Provides for the disposal of recyclable materials not collected by waste haulers. In general, vehicles will be unloaded by hand at such a facility. The design will depend upon the waste materials anticipated but will typically include large portable containers or bins into which waste can be deposited.

(c)

Household Hazardous Waste Site. A site to collect or receive household quantities of hazardous waste materials from residential sources and arrange for transportation of these materials to permitted hazardous treatment, storage or disposal facilities.

(d)

Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

1.

Light Processing Facility occupies an area under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.

2.

Heavy Processing Facility is any processing facility other than light processing facility and may shred, compact or bale ferrous materials other than food and beverage containers.

(e)

Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided the entire process is enclosed within the machine.

(f)

Transfer Site. A location where an intermediate phase in the treatment of solid waste occurs. After the solid waste has been deposited in transfer vehicles, it shall be transported from the site.

(g)

Yard Waste Composting Facility. A site used for the controlled microbial degradation of garden wastes, leaves, lawn cuttings and prunings generated at residential or commercial properties to yield a humus-like product.

Retail Sales and Trade. Establishments engaged in selling products, goods or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including eating and drinking establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, and other miscellaneous services.

Rooming House. A dwelling containing one or more lodging rooms that accommodate one or more persons who are not members of the keeper's family; provided however, that the letting of rooms for hire, to the extent permitted by this Ordinance as a home occupation, shall not in itself cause a dwelling to be a rooming house. In a rooming house, lodging or meals are provided for compensation on a weekly or monthly basis. Rooming house includes boarding house.

Roof Line. In structures with a flat roof, the top line of the coping; in structures with pitched roofs, the intersection of the outside wall with the roof.

Roof Sign. A sign permanently affixed upon the roof of a building.

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.

Service Station, Automobile. Any building or premise[s] 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, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Automobile 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. Gasoline pumps and gasoline pump islands shall be located more than 12 feet from the nearest property line.

Setback. The setback of a building is 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 entrances vestibules and window bays projecting not more than 3½ 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.

Sheet Siding. Any siding material customarily installed as a sheet and composed of galvanized, painted or bonded metal, and customarily installed in a vertical manner but also capable of being installed horizontally.

Exclusion No. 1: For roofing applications only, excluded from the definition of sheet siding is a standing seam roofing material or system with unexposed fasteners, a minimum gauge thickness of 26, and with a minimum rib spacing of 16 inches. This exclusion does not apply to used materials or to non-earth tone colors in residential zoning district.

Exclusion No. 2: For siding applications in non-residential zoning districts only, excluded from the definition of sheet siding is a metal system.

(a)

Used in conjunction with substantial use of brick or other types of siding or other accessory material on each side of building or structure facing each front yard; and

(b)

With unexposed fasteners, a minimum gauge thickness of 26, and with a minimum rib spacing of 16 inches.

(c)

This exclusion does not apply to non-earth tone colors or to used materials.

Shopping Center. Retail buildings of greater than 100,000 square feet and designed for more than one tenant.

Sign. Any object, device or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The structure supporting or intended to support a sign shall be considered part of that sign. This definition does not include:

(a)

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

(b)

National or State Flags or their emblem or and insignia, interior window displays or athletic scoreboards.

(c)

Legal notices, identification, information, or directional signs erected or required by governmental bodies.

(d)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving light.

(e)

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

Sign Area. The net geometric area enclosed by the display surface of the sign. Only one face of a multiple-faced sign shall be considered in determining the display surface area.

Sign Height. The vertical distance measured from the lot elevation to the highest point of said sign.

Sign (Off-premise[s]). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Sign (On-Premise[s]). A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

Sign Setback. The horizontal distance measured from a lot line and the nearest portion of a sign or its structure.

Sleeping Quarters. A room or an area contained within a dwelling unit utilized for the purpose of sleep.

Small Wind Energy Conversion System or SWECS. A WES facility with a maximum tower height of 90 feet and includes power output of less than 150 kilowatts.

Specified Anatomical Areas means:

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

Genitals of humans or animals in a discernible turgid state, even if completely opaquely covered.

Specified Sexual Activities means:

Human or animal genitals in the state of sexual stimulation or arousal.

Acts or representations of acts of human or animal masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation.

Fondling or erotic touching of human or animal genitals, pubic region, buttock or female breast.

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.

Street. A right-of-way, dedicated to public use, 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. Where a way or place exists by virtue of consent agreement or an established public right, then for the purposes of this Ordinance the way or place shall be considered to be 60 feet in width falling half on each side of the centerline of the traveled way. Where the dimensions set out in a consent agreement exceed 60 feet, then the larger dimension shall govern.

A.

Arterial Street. A street designated as such upon the Major Street Plan of the Comprehensive Land Use Plan of the City of Madison.

B.

Collector Street. A street designated as such upon the Major Street Plan of the Comprehensive Land Use Plan of the City of Madison.

C.

Local Street. Any street which is not an arterial street or collector street.

Street Line. The line between the public right-of-way and private property.

Strip Malls. Retail buildings of less than 100,000 square feet and designed for more than one tenant.

Structure. Anything constructed or erected with a fixed location on the ground or attached to or resting on something having a fixed location on or below the ground. Moreover the following shall always be considered structures: buildings, manufactured homes, walls, fences, swimming pools, signs, and billboards, ponds, and lagoons.

Structural Alterations. Any change in the structural members of a building, such as walls, columns, beams or girders. Vehicles duly licensed for operation upon public streets or highways shall not be considered structures.

Structure, Temporary. Anything constructed or erected, or placed, the use of which requires temporary location on the ground or attached to something having a temporary location on the ground.

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 permit issued by the City. In order to be substantially complete, 75 percent of the project for which a building permit has been issued is required to be finished.

System Height. The height above grade of the tallest point of the WES, including the rotor radius.

Telecommunications Facilities. Means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a Person seeks to locate or has installed upon or near a Tower or Antenna Support Structure. However, Telecommunications Facilities shall not include:

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or

Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

Temporary Sign. Any sign, banner, pennant, poster, or advertising display which is intended to be displayed for a limited period of time and is not permanently affixed to the ground or a structure. Signs other than temporary signs shall be considered permanent signs.

Tower Height. The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

Townhomes. One of a group or row of three or more single-family dwellings designed and built as a single structure facing upon a street and is platted into separate lots for which the individual townhouse may or may not be owned separately. For the purpose of minimum side yard, minimum lot area, and maximum percent lot coverage in the Area/Construction regulations, the structure containing the row or group of townhouses shall be considered as one building occupying a single lot.

Trailer. Means any of the following:

Transitional Yard. Area of vegetation that may be required within the required yard of lots or parcels where said lots or parcels abut one another. Every required transitional yard shall consist of a combination of grasses, shade trees, evergreen trees, shrubs, and appropriate screening devices such as walls, fences or berms. Areas not planted with shrubs trees or other appropriate screening devices shall be maintained with grass.

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 30 feet.

Pick-up Coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

Motor-Home. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

Camper Trailer. A canvas, folding structure, mounted on wheels and designed for travel, recreation and vacation use.

Trademark Signs. Any sign designating a design or emblem of a product or manufacturer.

Turbine. The parts of the WES including the blades, generator and tail.

Twin Homes. A two-family dwelling, which has a common wall and is platted into two separate lots. Each dwelling unit would have a minimum of 1,200 square feet.

Use. The purpose or purposes for which land or a building is designed, arranged, or intended, or to which said land or building is occupied, maintained or leased.

Use, Accessory. A use customarily incident to a principal permitted use or building and located on the same zoning lot with such principal use or building.

Use, Specifically Excluded. A use of land or a structure which is excluded from a zone by the operation of other regulations of the zone, and which is specifically enumerated as excluded for the purposes of clarity of intent and ease of reference.

Utility. Any entity engaged in this state in the generation, transmission or distribution of electric energy, including, but not limited to, a private investor-owned utility, cooperatively owned utility, and a public or municipal utility.

Variance. A variance is 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 ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Vertical axis wind turbine orVWAT. Have the main rotor shaft arranged vertically and shall be used only for the purpose of generating power for the property on which the vertical axis wind turbine is located. Vertical Axis wind turbines shall only be allowed to be mounted directly on building roofs.

Wall Sign. A sign affixed on a part of the exterior wall of a building and flush against it.

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.

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.

Wind Energy Conversion System orWECS is an aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnections, batter banks and the like in such a configuration as necessary to convert the power of wind into mechanical or electrical energy. WECS are also known as wind chargers, windmills or wind turbines.

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

Yard, Front. A yard extending between side lot lines across the front of a lot adjoining a public right-of-way.

In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard shall be provided on the other frontage.

In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard shall be provided on the other frontage.

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

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

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

Yard, Rear. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

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

Zoning District. A section of the City for which regulations governing the use of land, the construction and use of buildings and the occupancy of premises are hereby made.

(Ord. No. 1223, 7-8-1996; Ord. No. 1491, 5-3-2010; Ord. No. 1519, 1-3-2012; Ord. No. 1535, 12-3-2012; Ord. No. 1607, 4-1-2019; Ord. No. 1608, 4-15-2019; Ord. No. 1620, 12-30-2019; Ord. No. 1637, 9-7-2021; Ord. No. 1648, 4-18-2022)