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Rapid City City Zoning Code

17.04 Definitions

AMUSEMENT and RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls and the like.

17.04.010 Generally–Construction of terms.

A. For the purpose of this title and in order to carry out the provisions and intentions as set forth herein, certain words, terms and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word PERSON includes a firm, partnership or corporation as well as an individual; the word LOT includes the word PLOT or PARCEL; the word BUILDING includes the word STRUCTURE; the term SHALL is always mandatory and not directory; and the word MAY is permissive. The word USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED, or DESIGNED TO BE USED OR OCCUPIED.

B. The following words, terms and phrases are defined and shall be interpreted as such throughout this title. Terms not herein defined shall have the meaning customarily assigned to them.

(Prior code Appendix A, Art. II (part))

17.04.013 Abut.

ABUT. To share any portion of a lot line, including a single point.

(Ord. 3872, 2002)

17.04.015 Accessory building.

ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a principal building or buildings located on the same lot therewith. Radio and television antennae towers, and permanent satellite dish antennas and the appurtenant mounting apparatus, excluding guy anchor points, shall be considered an accessory building for the purpose of determining setback requirements established in each zoning district.

(Ord. 3053, 1993; prior code Appendix A, Art. II (part))

17.04.020 Accessory use.

ACCESSORY USE. A use customarily incidental, appropriate and subordinate to the principal use or uses of land or buildings and located upon the same lot therewith.

(Ord. 3053, 1993; prior code Appendix A, Art. II (part))

17.04.021 Adjacent.

ADJACENT. Parcels with no private lots between them can be shared by public row.

(Ord. 3872, 2002)

17.04.022 Adjoin.

ADJOIN. To share any portion of a lot line, including a single point.

(Ord. 3872, 2002)

17.04.023 Adult day care centers.

ADULT DAY CARE CENTERS. A facility, by whatever name, which care is provided to adults; such as the elderly, disabled or otherwise physically or mentally challenged adults, on a regular basis with compensation for 3 or more adults. This limit shall include adults related to the operator or manager thereof. The facilities shall not include those commonly known as assisted-living centers, group homes, nursing homes and retirement homes. Adult day care centers shall not provide housing or other overnight accommodations to clients.

(Ord. 3344, 1997)

17.04.024 Adverse effect.

ADVERSE EFFECT. A project has an adverse effect if it will encroach upon, damage, or destroy any historic property.

(Ord. 6032, 2015)

17.04.025 Advertising.

ADVERTISING. Any writing, printing, painting, display, emblem, drawing, sign or other device designed, used or intended for advertising, whether placed on the ground, rocks, trees, tree stumps or other natural structures, or on a building, structure, milestone, signboard, billboard, wallboard, roofboard, frame, support, fence or other manmade structure, and any such ADVERTISING is a structure within the meaning of the word structure as used in this title.

(Prior code Appendix A, Art. II (part))

17.04.030 Advertising sign or structure.

See Sign.

(Prior code Appendix A, Art. II (part))

17.04.035 Agriculture.

AGRICULTURE. The production, keeping or maintenance for sale, lease or personal use, of plants and animals useful to man, including, but not limited to: forages; sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; bees and apiary products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations of hybrids thereof, including the breeding and grazing of any or all of such animals; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to soil conservation or forestry management programs. This definition shall not include intensive agricultural activities such as feed lot operations, chicken farms and agribusiness activities.

(Ord. 6013, 2015; prior code Appendix A, Art. II (part))

17.04.040 Alley.

ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

(Prior code Appendix A, Art. II (part))

17.04.044 Alteration to historic property.

ALTERATION TO HISTORIC PROPERTY. Any exterior change to a historic property that requires a building permit, demolition permit, or other construction permit, or any interior change to a non- residential historic property that the Director determines has the potential to adversely affect historic property. Such alterations include, but are not limited to, any changes to exterior building components, such as siding, roofing, and windows; new construction of additions; and demolition. Routine maintenance and repairs which correct any deterioration or damage to a building or structure in order to restore it to its condition prior to the deterioration or damage is not an alteration if a permit is not required and it does not involve a substantive change, as determined by the Director, in the design, material, or outer appearance of the building or structure.

(Ord. 6032, 2015)

17.04.045 Alterations.

ALTERATIONS. As applied to a building or structure, means a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

(Prior code Appendix A, Art. II (part))

17.04.050 Amusement and recreation establishments.

AMUSEMENT and RECREATION ESTABLISHMENTS. Businesses whose primary function is entertainment, such as theaters, billiard halls and the like.

(Prior code Appendix A, Art. II (part))

17.04.055 Area, building.

BUILDING AREA. The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

(Ord. 6595, 2024; prior code Appendix A, Art. II (part). Formerly 17.04.060)

17.04.060 Art center.

ART CENTER. Includes galleries, accessory museum space, classroom and studio space, the manufacturing of sculptures and other artwork as an accessory use to the gallery space, accessory gift shop and other accessory uses.

(Ord. 6595, 2024; prior code Appendix A, Art. II (part). Formerly 17.04.060.5)

17.04.060.5 Art centers.

Repealed by Ord. 6595.

(Ord. 3785, 2002)

17.04.061 Assisted living center.

ASSISTED LIVING CENTER. A form of congregate housing principally for the elderly with individual suites or rooms that is regulated by the state. Limited support services are provided such as assistance with activities of daily living, meals, laundry, housekeeping, transportation and social and recreational activities. Assistance or supervision with medications may be provided.

(Ord. 3198, 1995)

17.04.062 Assisted living room.

ASSISTED LIVING ROOM. A dwelling unit within an assisted living center which has a bedroom and bathroom but does not have a complete kitchen.

(Ord. 3198, 1995)

17.04.063 Assisted living suite.

ASSISTED LIVING SUITE. A dwelling unit within an assisted living center which has a separate bedroom, bathroom and sitting room which may or may not have a complete kitchen.

(Ord. 3198, 1995)

17.04.065 Automobile wrecking.

AUTOMOBILE WRECKING. The dismantling, storage, sale or dumping of used motor vehicles, trailers or parts thereof.

(Prior code Appendix A, Art. II (part))

17.04.070 Average ground elevation.

AVERAGE GROUND ELEVATION. The elevation of the mean finished ground surface at the front wall of a structure.

(Prior code Appendix A, Art. II (part))

17.04.075 Basement.

BASEMENT. That portion of a building between floor and ceiling, which is partly above and partly below grade (adjoining ground elevation), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling (see Story).

(Ord. 3872, 2002; prior code Appendix A, Art. II (part))

17.04.080 Bed and breakfast facility.

BED AND BREAKFAST FACILITY. A private home which is principally a residence yet also is used to provide accommodations for a charge to the public, with at most 2 lodging units for up to 8 persons per night and in which no more than 2 family-style meals per day are provided.

(Prior code Appendix A, Art. II (part))

17.04.085 Billboard.

See Sign.

(Prior code Appendix A, Art. II (part))

17.04.090 Board.

BOARD. The Board of Zoning Adjustment for the City of Rapid City, South Dakota.

(Prior code Appendix A, Art. II (part))

17.04.095 Boardinghouse.

BOARDINGHOUSE. A dwelling where for compensation and by prearrangement for definite periods, meals are provided for 3 or more, but not exceeding 12 persons on a weekly or monthly basis. A building which has accommodations for more than 12 persons shall be defined as either a hotel or a hotel apartment under the terms of this title.

(Prior code Appendix A, Art. II (part))

17.04.100 Buildable area of a lot.

BUILDABLE AREA OF A LOT. That portion of a lot bounded by the required rear and side yards and the building setback line.

(Prior code Appendix A, Art. II (part))

17.04.105 Building.

BUILDING. Any enclosed structure intended for shelter, housing or enclosure of persons, animals or chattels.

(Prior code Appendix A, Art. II (part))

17.04.110 Building, accessory.

See Accessory building.

(Prior code Appendix A, Art. II (part))

17.04.115 Building, height of.

HEIGHT OF BUILDING. The vertical distance measured from the average ground elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

(Prior code Appendix A, Art. II (part))

17.04.120 Building, main or principal.

MAIN or PRINCIPAL BUILDING. A building or buildings in which is conducted the principal use or uses of the lot. In any commercial or industrial district more than 1 principal building for an industrial or commercial use may be permitted on a single lot provided setback, yard and lot coverage requirements are met. In any residential district any single CT-single-family, 2-family or multi-family dwelling shall be deemed to be the sole principal building on the lot on which it is situated.

(Ord. 6595, 2024; Ord. 3053, 1993; prior code Appendix A, Art. II (part))

17.04.125 Building setback line.

BUILDING SETBACK LINE. A line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in §§ 17.50.190, 17.50.200, 17.50.210 and 17.50.250. The building setback line is parallel to or concentric with the street right-of-way. In cases where the right-of-way line is expanded for the purpose of installing a fire hydrant, the right-of-way line is expanded for the purpose on installing a fire hydrant, the right-of-way expansion containing the fire hydrant shall not be considered when establishing the building setback line. The Building Official shall make all determinations of setback delineation. Nothing in this section shall be deemed to allow the construction of a structure in the public right-of-way.

(Ord. 6311, 2019; prior code Appendix A, Art. II (part))

17.04.130 Building site.

BUILDING SITE. A single parcel of land occupied or intended to be occupied by a building or structure.

(Prior code Appendix A, Art. II (part))

17.04.135 Business services.

BUSINESS SERVICES. Any activities which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in a home or business.

(Prior code Appendix A, Art. II (part))

17.04.140 Cellar.

CELLAR. That portion of a building between the floor and ceiling which is wholly or partly below grade (adjoining ground elevation) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling (see Story).

(Ord. 3872, 2002; prior code Appendix A, Art. II (part))

17.04.145 Child care center.

CHILD CARE CENTER. A facility, by whatever name, in which care is provided on a regular basis with compensation for 7 or more children under 12 years of age at 1 time. This limit shall include children related to the operator or manager thereof. The facilities include those commonly known as day care centers, day nurseries and play groups, but exclude foster homes and family day care homes.

(Ord. 2899, 1992; prior code Appendix A, Art. II (part))

17.04.150 Clinic.

See Medical facility.

(Prior code Appendix A, Art. II (part))

17.04.155 Club, private.

PRIVATE CLUB. An organization catering exclusively to members and their guests, or premises and buildings for recreational, fraternal or athletic purposes which are not conducted primarily for gain, providing that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of the club, organized formerly by either incorporation or association of a national or state organization.

(Prior code Appendix A, Art. II (part))

17.04.160 Community corrections facility.

COMMUNITY CORRECTIONS FACILITY. A 24-hour per day minimum security detention facility for county, state or federal inmates on release from a more restrictive detention facility or offenders initially placed by a court in lieu of a more restrictive detention facility where supervision as well as employment, education and rehabilitation assistance are provided. The facility may be either a single structure or a grouping of structures on a single site.

(Ord. 2893, 1991; prior code Appendix A, Art. II (part))

17.04.163 Contiguous.

CONTIGUOUS. To share any portion of a lot line, including a single point.

(Ord. 3872, 2002)

17.04.165 Convention hotel.

CONVENTION HOTEL. Any facility which provides a variety of services designed predominately to serve the needs of the convention business. The facility shall be permitted to have one hundred square feet of floor space for associated related uses for every 100 square feet of room space. A convention hotel shall have a minimum of 150 rooms and shall provide the facilities as restaurants, lounges, meeting rooms, and similar related retail uses. A minimum of 20% of the rooms shall be business suites.

(Prior code Appendix A, Art. II (part))

17.04.170 Country club.

COUNTRY CLUB. A chartered, membership club, with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golfing, riding, outdoor recreation, clubhouse, locker room, pro shop.

(Prior code Appendix A, Art. II (part))

17.04.175 Coverage.

COVERAGE. The lot area covered by all buildings located therein, including the area covered by all overhanging roofs.

(Prior code Appendix A, Art. II (part))

17.04.176 Data center.

DATA CENTER. A physical facility or group of facilities that store applications and data in a location where computing and networking equipment is used to collect, process, retrieve, and store data, as well as to distribute and enable access to resources.

(Ord. 6644, 2024)

17.04.177 Department.

DEPARTMENT. The Department of Community Development or its successor, unless the context clearly indicates another department.

(Ord. 6282, 2019)

17.04.180 Developmental lot.

DEVELOPMENTAL LOT. A plot plan of 1 or more lots when signed by the Planning Commission or its designee. A developmental lot can only be so designated where the lots are under 1 ownership, as per ownership of record files. Only 1 residential building and its accessory buildings shall be placed on any developmental lot. In any commercial or industrial district more than 1 principal building for an industrial or commercial use may be permitted on a developmental lot provided setback, yard and lot coverage requirements are met.

(Ord. 3053, 1993; prior code Appendix A, Art. II (part))

17.04.182 Director.

DIRECTOR. The Director of the Department of Community Development, unless the context clearly indicates another department director.

(Ord. 6282, 2019)

17.04.183 Distiller, artisan.

DISTILLER, ARTISAN. A distiller of distiller spirits operating in compliance with South Dakota law, including SDLC 35-13. At the time of adoption of this section, an ARTISAN DISTILLER is a distiller located in South Dakota that produces, rectifies, or blends 50,000 gallons or less of distilled spirits annually and that uses agricultural products grown in South Dakota for at least 30% of the raw materials, other than water, to produce the distilled spirits, unless an exception is granted by the South Dakota Department of Revenue.

(Ord. 6208, 2017)

17.04.185 District.

DISTRICT. Any section or sections of the City of Rapid City for which the regulations governing use of the land, density, bulk, height and coverage of buildings and other structures are uniform.

(Prior code Appendix A, Art. II (part))

17.04.190 Dog kennel.

See Kennel.

(Prior code Appendix A, Art. II (part))

17.04.195 Dormitory.

DORMITORY. means A building containing sleeping rooms for either transient or permanent occupancy.

(Prior code Appendix A, Art. II (part))

17.04.197 Rapid City Historic Commercial District.

RAPID CITY HISTORIC COMMERCIAL DISTRICT. A commercial district listed on the National Register of Historic Places, a complete description of which is on file with the Department. This district includes both the original Rapid City Historic Commercial District and the subsequent Rapid City Commercial Historic District.

(Ord. 6282, 2019; Ord. 6032, 2015)

17.04.200 Drive-in commercial uses.

DRIVE-IN COMMERCIAL USES. Any retail commercial use providing off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.

(Prior code Appendix A, Art. II (part))

17.04.205 Drive-in restaurants.

DRIVE-IN RESTAURANTS. Any establishment in which patrons, while remaining in their cars, are served food, beverages, or refreshments for consumption on or off the premises.

(Prior code Appendix A, Art. II (part))

17.04.210 Dump.

DUMP. A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discharged machinery, vehicles or parts thereof, or waste material of any kind.

(Prior code Appendix A, Art. II (part))

17.04.215 Dwelling.

DWELLING. A building or portion thereof, exclusive of mobile homes, as herein defined, used for residential purposes.

(Prior code Appendix A, Art. II (part))

17.04.220 Dwelling, multi-family.

MULTI-FAMILY DWELLING. A detached residential building or buildings designed for occupancy by 3 or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, hotel apartments or resort-type hotels.

(Ord. 6595, 2024; prior code Appendix A, Art. II (part))

17.04.225 Dwelling, single-family.

SINGLE-FAMILY DWELLING. A detached building designed to be occupied exclusively by 1 family.

(Prior code Appendix A, Art. II (part))

17.04.230 Dwelling, townhouse.

TOWNHOUSE DWELLING. One of a group of 2 or more attached single-family dwelling units built on 1 or more common lot lines. Two 1-hour walls are required at the common lot line, 1 on each side of the common lot line. There shall be no overlapping of townhouse structures with the exception of roof overhangs. Each townhouse shall be located on an individually platted lot which may contain open space in addition to the area upon which the dwelling is constructed. The owner of the townhouse may also participate in the ownership of common property within a townhouse development.

(Prior code Appendix A, Art. II (part))

17.04.235 Dwelling, 2-family.

TWO-FAMILY DWELLING. A detached building designed to be occupied by 2 families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort-type hotels.

(Prior code Appendix A, Art. II (part))

17.04.240 Dwelling unit.

DWELLING UNIT. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

(Ord. 4013, 2004; prior code Appendix A, Art. II (part))

17.04.241 Dwelling units, live-work.

DWELLING UNITS, LIVE-WORK. A dwelling unit in combination with another use otherwise permitted in the district such as shop, office, studio, other work space where the resident occupant both lives and works.

(Ord. 6229, 2018)

17.04.242 Reserved.

(Ord. 6595, 2024; Ord. 6229, 2018)

17.04.245 Equal degree of encroachment.

EQUAL DEGREE OF ENCROACHMENT. A standard applied in determining the location of encroachment limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.

(Prior code Appendix A, Art. II (part))

17.04.247 Environs.

ENVIRONS. The area surrounding historic property within which a project could have an impact upon that property. The environs include any adjacent property or portion thereof that is within 50 feet of a historic property, exclusive of any street, alley, or other public rights-of-way.

(Ord. 6032, 2015)

17.04.250 Family.

FAMILY. One or more persons related by blood, marriage or adoption, or a group not to exceed 5 persons (excluding servants) none of whom are related by blood or marriage, occupying the premises and living as a single nonprofit housekeeping unit as distinguished from a group occupying a boarding or lodginghouse, hotel, club or similar dwelling for group use. A family shall be deemed to include domestic servants employed by the family.

(Prior code Appendix A, Art. II (part))

17.04.255 Family day care home.

FAMILY DAY CARE HOME. A facility providing care and supervision of children from more than 1 unrelated family, in a family home, on a regular basis for part of a day as a supplement to regular parental care for 7 or more children but no greater than 12 children at any time including children under the age of 6 years related to the owner, operator or manager thereof, without transfer of legal custody or placement for adoption.

(Ord. 2899, 1992; prior code Appendix A, Art. II (part))

17.04.260 Family-style meal.

FAMILY-STYLE MEAL. Any meal ordered by persons staying at a bed and breakfast facility which is served from common food service containers, as long as any good not consumed by those persons is not reused.

(Prior code Appendix A, Art. II (part))

17.04.263 Farmer’s market.

FARMER’S MARKET. The offering for sale of fresh agricultural products directly to the consumer at an open air market designated by the Council as a community activity.

(Ord. 3286, 1996)

17.04.265 Fast-food restaurants.

FAST FOOD RESTAURANTS. Any restaurant in which food is served to patrons in disposable containers. Disposable containers shall be defined as but not limited to those containers made of paper, plastic, or Styrofoam, and which are intended to be discarded after use.

(Prior code Appendix A, Art. II (part))

17.04.270 Filling station.

See Gasoline service stations.

(Prior code Appendix A, Art. II (part))

17.04.275 Flood.

FLOOD. A temporary rise in stream level that results in inundation of area not ordinarily covered by water.

(Prior code Appendix A, Art. II (part))

17.04.280 Flood frequency.

FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.

(Prior code Appendix A, Art. II (part))

17.04.285 Floodway.

FLOODWAY. The channel of the watercourse and those portions of the adjacent floodplains which are reasonably required to carry and discharge the regulatory flood. This is or may be greater than the floodway zoning district.

(Ord. 3872, 2002; prior code Appendix A, Art. II (part))

17.04.290 Floor area.

FLOOR AREA. The sum of the gross floor area for each of the several stories under roof, measured from the exterior limits or faces of a building or structure.

(Prior code Appendix A, Art. II (part))

17.04.295 Food processing.

FOOD PROCESSING means the preparation of food products for retail sale on the premises.

(Prior code Appendix A, Art. II (part))

17.04.300 Fraternity or sorority house.

FRATERNITY or SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from a boarding or lodging house or private club.

(Prior code Appendix A, Art. II (part))

17.04.305 Frontage.

FRONTAGE. All the property on 1 side of a street between 2 intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on 1 side between an intersecting street and the dead-end of the street.

(Prior code Appendix A, Art. II (part))

17.04.310 Garage, attached.

There must be no less than 6 feet of common wall between the house and garage, or a common root carried over both the primary structure and the auxiliary building.

(Prior code Appendix A, Art. II (part))

17.04.315 Garage, private.

PRIVATE GARAGE. Any accessory building, structure, or part of a main building used primarily for parking or storage or for a permitted accessory use and which shall not be used for commercial purposes. This does not include an Accessory Dwelling Unit. The maximum cumulative allowable size of all private garages shall be 1,500 square feet or 30% of the size of the gross floor area of the dwelling unit(s), whichever is greater. In no event shall the size of the building footprint of the private garage(s) exceed the footprint of the dwelling unit(s). The private garage(s) shall be used only by persons residing on the premises. Any private garage exceeding the maximum allowed size shall be allowed only as a conditional use pursuant to §§ 17.08.030J., 17.10.030N., 17.12.030A., 17.14.030A., 17.38.030L., and 17.44.030A.

(Ord. 6291, 2019; Ord. 3817, 2002; Ord. 3760, 2001; Ord. 2964, 1992; prior code Appendix A, Art. II (part))

17.04.320 Garage, public.

PUBLIC GARAGE. Any garage other than a private garage, available to the public, which is used for the storage, repair, rental, greasing, washing, sales, servicing, adjusting or equipping of automobiles or other motor vehicles.

(Prior code Appendix A, Art. II (part))

17.04.325 Garage, repair.

REPAIR GARAGE. A building in which are provided facilities for the care, servicing, repair or equipping of motor vehicles.

(Prior code Appendix A, Art. II (part))

17.04.326 Garden centers.

A GARDEN CENTER means a retail and/or wholesale establishment consisting of 1 or more of the following uses: greenhouses, tree or plant nurseries, and landscaping sales and service.

(Ord. 3360, 1997)

17.04.330 Gasoline service or filling station.

GASOLINE SERVICE or FILLING STATION. Any area of land, including structures thereon, that is used for the retail sale of gasoline, butane or propane or oil fuels, or other automobile accessories and for servicing motor vehicles, but not including painting.

(Prior code Appendix A, Art. II (part))

17.04.335 Grade, adjacent ground elevation.

ADJOINING GROUNG ELEVATION GRADE. The lowest part of elevation of the finished surface of the ground surface, paving or sidewalk within the area between the building and the property line, or when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building.

(Ord. 3872, 2002; prior code Appendix A, Art. II (part))

17.04.340 Grade, established.

ESTABLISHED GRADE. The elevation of the centerline of the streets as officially established by the city authorities.

(Prior code Appendix A, Art. II (part))

17.04.345 Grade, finished.

FINISHED GRADE. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.

(Prior code Appendix A, Art. II (part))

17.04.350 Group home.

GROUP HOME. An activity providing personal assistance to 6 or more individuals unrelated by blood or marriage who, by reason of mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems, require specialized attention and care in order to achieve personal independence. The assistance must include board and room, and may include counseling, rehabilitative services and other incidental services customarily provided by group homes. This shall not include missions, detoxification centers or detention centers.

(Prior code Appendix A, Art. II (part))

17.04.353 Health Department.

HEALTH DEPARTMENT. The Pennington County Health Department or State Health Department.

(Ord. 6586, 2023; prior code Appendix A, Art. II (part). Formerly 17.04.355)

17.04.355 High-tech industrial production facility.

HIGH-TECH INDUSTRIAL PRODUCTION FACILITY. A facility predominantly utilizing computerized or robotic production techniques with limited labor requirements, including, but not limited to computerized printing processes, robotic parts manufacturing and the like.

(Ord. 6586, 2023; Ord. 3826, 2002. Formerly 17.04.391)

17.04.356 Historic district.

HISTORIC DISTRICT. An area listed on the National or State Register of Historic Places that contains historic properties.

(Ord. 6032, 2015)

17.04.357 Historic preservation design guidelines.

HISTORIC PRESERVATION DESIGN GUIDELINES. General design and technical recommendations adopted by resolution of the Common Council which encourage historic preservation and assist property owners in minimizing or eliminating adverse effects to historic structures.

(Ord. 6032, 2015)

17.04.358 Historic project.

HISTORIC PROJECT. Any of the following undertakings, all of which are subject to historic preservation review under this title:

A. An alteration to a historic property pursuant to § 17.04.044 or any new construction conducted on historic property or within the environs thereof;

B. An undertaking that meets the conditions of state law, including SDCL 1-20-22, regarding projects endangering archaeological sites; or

C. Demolition of a historic property.

(Ord. 6032, 2015)

17.04.359 Historic property.

HISTORIC PROPERTY. Any property that is listed on the National or State Register of Historic Places.

(Ord. 6032, 2015)

17.04.360 Historical monuments and/or structures.

HISTORICAL MONUMENTS and/or STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history, and any structure or building in which the relics and/or mementos of the event or period are housed and preserved.

(Prior code Appendix A, Art. II (part))

17.04.365 Home occupation.

HOME OCCUPATION. Any activity conducted for financial gain by the occupants of any dwelling unit which is located within a residential zoned district.

(Prior code Appendix A, Art. II (part))

17.04.370 Hospital.

See Medical facilities.

(Prior code Appendix A, Art. II (part))

17.04.375 Hotel.

HOTELS. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 12 sleeping rooms with no provision made for cooking in any individual room or apartment.

(Prior code Appendix A, Art. II (part))

17.04.380 Hotel apartment.

HOTEL APARTMENT. A building which is used as a temporary residence for more than 12 persons at one and the same time, and which provides short-term, furnished accommodations, with or without cooking facilities and with or without housekeeping services.

(Prior code Appendix A, Art. II (part))

17.04.385 House trailer.

See Mobile home.

(Prior code Appendix A, Art. II (part))

17.04.390 House trailer park.

See Mobile home park.

(Prior code Appendix A, Art. II (part))

17.04.391 Indoor shooting range.

INDOOR SHOOTING RANGE. Any public or private facility, including a shooting gallery, designed for the safe and controlled practice of discharging any gun, pistol, rifle, air gun, carbon-dioxide gun, or any other firearm.

(Ord. 6586, 2023)

17.04.392 Infrastructure Design Criteria Manual.

INFRASTRUCTURE DESIGN CRITERIA MANUAL. A manual summarizing and outlining policy, methods, practice, procedures, and design standards utilized by the City of Rapid City.

(Ord. 6229, 2018)

17.04.393 Innovation center.

INNOVATION CENTER. Facilities and/or programs that support the formation of new business and/or are focused on the commercialization of innovation at any point in the business life cycle. INNOVATION CENTERS centralize activities related to research, technology, manufacturing, education, business development, and other creative sector activities. An INNOVATION CENTER consists of several of the following functions: business support services; research laboratories; office space; leasable flexible tenant areas; shared resources such as co-working areas, conference space, office equipment, supplies and kitchens, and the like; facilities for teaching and for theoretical, basic and applied research, product development and testing and prototype fabrications or production of experimental products, or other similar uses as determined by the Director.

(Ord. 6282, 2019; Ord. 6229, 2018)

17.04.394 International Building Codes.

INTERNATIONAL BUILDING CODES. The International Building Codes, as officially adopted by the City of Rapid City.

(Ord. 6229, 2018; Ord. 4094, 2004)

17.04.395 Junkyard or salvage yard.

JUNKYARD or SALVAGE YARD. A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storing and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

(Prior code Appendix A, Art. II (part))

17.04.400 Kennel.

KENNEL. Any lot or premises or portion thereof where 4 or more dogs, cats, rabbits or other household/domesticated animals, 6 months of age or older, are maintained, boarded, bred or cared for, in return for any compensation, or are kept for the purpose of sale. A retail store meeting the definition of pet store as contained in § 17.04.547 is not a kennel for purposes of zoning.

(Ord. 3797, 2002; Ord. 3056, 1993; prior code Appendix A, Art. II (part))

17.04.405 Kindergartens.

See Day nurseries, private.

(Prior code Appendix A, Art. II (part))

17.04.410 Legal nonconforming use.

LEGAL NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this title not legally conforming to the regulations of the district in which it is situated but which was not at the time of its construction or use, or its use of the land, violative of any ordinance then in existence.

(Prior code Appendix A, Art. II (part))

17.04.412 Limited production and processing.

LIMITED PRODUCTION AND PROCESSING. The shared or individual use of hand tools, mechanical tools, and electronic tools, for the manufacture of finished products or parts as well as the incidental storage, sales, and distribution of such products. These uses are limited by nature and scale, and are compatible with office, retail and service uses. These uses include but are not limited to: apparel and other finished products made from fabrics; blueprinting; computers and accessories, including circuit boards and software; electronic components, assemblies, and accessories; film, video and audio production; food and beverage products, except no live slaughter or milling; jewelry, watches and clocks; maker space; milk, ice cream, and confections; musical instruments; novelty items, pens, pencils, and buttons; precision dental, medical and optical goods; toys; wood crafting and carving; and wood furniture and upholstery, or other similar uses as determined by the Director.

(Ord. 6282, 2019; Ord. 6229, 2018)

17.04.415 Loading space.

LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of a truck.

(Prior code Appendix A, Art. II (part))

17.04.420 Lot.

LOT. A parcel of land which is or may be occupied by a building or group of buildings and their accessory buildings or uses customarily incidental thereto, together with the yards or open spaces within the lot lines as may be required by Ord. 1074, as amended. A LOT may include a developmental lot as defined herein.

(Prior code Appendix A, Art. II (part))

17.04.425 Lot, area.

LOT AREA. The total horizontal area included within lot lines.

(Prior code Appendix A, Art. II (part))

17.04.430 Lot, corner.

CORNER LOT. A lot of which at least 2 adjoining sides abut for their full lengths on a street; provided, that the interior angle at the intersection of 2 such sides is less than 135 degrees.

(Prior code Appendix A, Art. II (part))

17.04.435 Lot, depth.

LOT DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

(Prior code Appendix A, Art. II (part))

17.04.440 Lot, double-frontage.

DOUBLE-FRONTAGE LOT. A lot which runs through a block from street to street and which has 2 nonintersecting sides abutting on 2 or more streets.

(Prior code Appendix A, Art. II (part))

17.04.445 Lot, frontage.

LOT FRONTAGE. That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

(Prior code Appendix A, Art. II (part))

17.04.450 Lot, interior.

INTERIOR LOT. A lot other than a corner lot.

(Prior code Appendix A, Art. 11 (part))

17.04.455 Lot line, front.

FRONT LOT LINE. In the case of an interior lot, the line separating the lot from the street. In the case of a corner or double-frontage lot, the line separating the lot from that street which is designated as the front street in the request for building permit.

(Prior code Appendix A, Art. II (part))

17.04.460 Lot line, rear.

REAR LOT LINE. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line, not less than 10 feet long and wholly within the lot.

(Prior code Appendix A, Art. II (part))

17.04.465 Lot lines.

LOT LINES. The lines bounding a lot, as defined herein.

(Prior code Appendix A, Art. II (part))

17.04.470 Lot line, side.

SIDE LOT LINE. Any lot boundary line not a front lot line or a rear lot line.

(Prior code Appendix A, Art. II (part))

17.04.475 Lot width.

LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.

(Prior code Appendix A, Art. II (part))

17.04.478 Maker space.

MAKER SPACE. A specific type of co- working space that supports the creation of physical goods by providing technology, manufacturing equipment, 3D printers, other equipment and educational opportunities most often in exchange for membership fees.

(Ord. 6229, 2018)

17.04.480 Medical facilities.

MEDICAL FACILITIES means:

A. CONVALESCENT, REST, or NURSING HOME. A health facility where persons are housed and furnished with meals and continuing nursing care for compensation;

B. DENTAL CLINIC or MEDICAL CLINIC. A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that, patients are not kept overnight except under emergency conditions;

C. DENTAL OFFICE or DOCTORS OFFICES. The same thing as dental or medical clinic;

D. FUNERAL HOME. An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of bodies, and for funerals;

E. HOSPITAL. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities;

F. PUBLIC HEALTH CENTER. A facility primarily utilized by a health unit for the provision of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith; and

G. SANITARIUM. An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

(Prior code Appendix A, Art. II (part))

17.04.483 Microcell cellular communications facilities.

MICROCELL. Wireless communications facilities providing communications coverage to a geographically limited and specifically defined area (e.g., a topographically constrained area due to natural or urban-built environment). Such facilities are integrated with standard wireless technology to provide wireless communication services to the public. Such facilities shall not include small wireless facilities as defined by 47 C.F.R. § 1.6002(l) as amended or replaced.

(Ord. 6355, 2019; Ord. 5098, 2005; Ord. 3734, 2001)

17.04.484 Microcell wireless communication antenna.

MICROCELL WIRELESS COMMUNICATION ANTENNA. The individual panel or whip that is attached or mounted to a pole, building or structure.

(Ord. 5100, 2005)

17.04.485 Minimum floor elevation.

MINIMUM FLOOR ELEVATION. The lowest elevation permissible for the construction, erection or other placement of any floor, including a basement floor.

(Prior code Appendix A, Art. II (part))

17.04.490 Missions.

MISSIONS. An activity providing personal assistance on a nonprofit basis to individuals of an indigent status. The assistance must include food and/or shelter and may, in addition, include religious instruction, counseling and other incidental services customarily provided by missions.

(Prior code Appendix A, Art. II (part))

17.04.492 Mixed-use development.

MIXED-USE DEVELOPMENT. Buildings and structures that combine multiple permitted and/or conditional uses such as residential, office, retail, and the like such that a variety of different economic activities (live, work, shop, play, and the like) occur in close proximity.

(Ord. 6229, 2018)

17.04.493 Mobile food vendor establishment.

MOBILE FOOD VENDOR. Any person who uses a mobile food service establishment as defined in SDCL Chapter 34-18. A mobile food vendor does not include the following: (1) sidewalk vendors as provided in Chapter 5.56 or Chapter 12.12; (2) sidewalk café as provided in Chapter 12.12; or (3) farmer’s markets as provided in § 17.04.263.

(Ord. 6250, 2018)

17.04.495 Mobile home.

MOBILE HOME. A movable living unit designed for year-round occupancy, having no foundation other than wheels, jacks or skirtings, and which is capable of being moved, towed or transported by another vehicle. Sometimes referred to as a trailer home.

(Prior code Appendix A, Art. II (part))

17.04.500 Mobile home park.

MOBILE HOME PARK. Any area, tract or site or plot of land whereupon a minimum of 25 mobile homes as herein defined are placed, located or maintained, or intended to be placed, located or maintained, and shall include all accessory buildings used or intended to be used as part of the equipment thereof.

(Prior code Appendix A, Art. II (part))

17.04.505 Mobile home space.

MOBILE HOME SPACE. A plot of ground within a mobile home area which is designed for and designated as the location for only 1 automobile and 1 mobile home and not used for any other purposes whatsoever other than the customary accessory use thereof.

17.04.510 Motel.

MOTEL. A building or group of buildings used for the temporary residence of motorists or travelers.

(Prior code Appendix A, Art. II (part))

17.04.513 National Register of Historic Places.

NATIONAL REGISTER OF HISTORIC PLACES. The register created by the National Historic Preservation Act of 1966, as amended.

(Ord. 6032, 2015)

17.04.515 Nonconforming use.

NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this title and not conforming to the regulations of the district in which it is situated but which was not at the time of its construction or use, or its use of the land, violative of any ordinance then in existence.

(Prior code Appendix A, Art. II (part))

17.04.520 Noxious matter.

NOXIOUS MATTER. Material (in gaseous, liquid, solid, particulate, or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic or psychological well-being of individuals.

(Prior code Appendix A, Art. II (part))

17.04.525 Obstruction.

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge conduit, culvert, building, wire fence, rock gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard, increase or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

(Prior code Appendix A, Art. II (part))

17.04.530 On-sale liquor establishment.

ON-SALE LIQUOR ESTABLISHMENT. Any use which has been licensed to sell malt beverages, wine, or other alcoholic beverages for consumption upon the premises where sold, except for temporary on-sale license for convention hall and a special malt beverage retailers license.

(Ord. 2931, 1992; prior code Appendix A, Art. II (part))

17.04.535 Parking lot.

PARKING LOT. An off-street facility including parking spaces along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than 6 automobiles.

(Prior code Appendix A, Art. II (part))

17.04.540 Parking space.

PARKING SPACE. An off-street space available for the parking of 1 motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.

(Prior code Appendix A, Art. II (part))

17.04.542 Pedestrian oriented street.

PEDESTRIAN ORIENTED STREET. A street that aims to prioritize the movement of pedestrians through improvements that create a comfortable walking environment. In the urban commercial district, PEDESTRIAN ORIENTED STREETS include the north and south side of Main Street and Saint Joseph Street from Birch Avenue to Fourth Street.

(Ord. 6229, 2018)

17.04.543 Pedestrian oriented lighting.

PEDESTRIAN ORIENTED LIGHTING. Lighting that is designed and located to relate to the size of a person. Pedestrian scale lighting generally does not exceed 15 feet in height above the ground.

(Ord. 6229, 2018)

17.04.545 Penthouse.

PENTHOUSE. An enclosed structure other than a roof structure, located on a roof, extending not more than 12 feet above the roof.

(Prior code Appendix A, Art. II (part))

17.04.547 Pet store.

PET STORE. A retail facility providing for the sale of animals and accessory products. A pet store does not include the boarding or breeding of animals for compensation.

(Ord. 3797, 2002)

17.04.550 Planned development.

PLANNED DEVELOPMENT means a procedure set forth in the zoning ordinance which allows for some deviation from the conventional zoning and subdivision ordinances. This procedure includes the following subcategories:

A. Planned residential development;

B. Planned commercial development; and

C. Planned unit development.

Each subcategory shall have a set of development standards and all approved planned developments shall be in keeping with the Rapid City comprehensive plan. Planned developments are regulated by §§ 17.50.050 through 17.50.100.

(Prior code Appendix A, Art. II (part))

17.04.555 Plat.

PLAT. A map, plan or layout indicating the location and boundaries of individual properties drawn in compliance to state requirements.

(Prior code Appendix A, Art. II (part))

17.04.560 Principal use.

PRINCIPAL USE. The specific primary purposes for which the land or buildings are used. In any commercial or industrial district more than 1 principal use of an industrial or commercial nature may be permitted on a single lot provided setback, yard and lot coverage requirements are met. In any residential district any single-family, 2-family or multi-family dwelling shall be deemed to be the sole principal use on the lot on which it is situated.

(Ord. 6595, 2024; Ord. 3053, 1993; prior code Appendix A, Art. II (part))

17.04.565 Public uses.

PUBLIC USES. Public parks, schools and administrative, cultural and service buildings not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

(Prior code Appendix A, Art. II (part))

17.04.570 Public utility.

PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing under state or municipal regulations, to the public, electricity, gas, steam, communication, telegraph, transportation or water.

(Prior code Appendix A, Art. II (part))

17.04.575 Quarry.

QUARRY. A lot or land or part thereof used for the purpose of extracting stone, sand, gravel or top soil for sale, as an industrial operation, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

(Prior code Appendix A, Art. II (part))

17.04.577 Rapid City West Boulevard Historic District.

RAPID CITY WEST BOULEVARD HISTORIC DISTRICT. A residential district listed on the National Register of Historic Places and the State Register of Historic Places, a complete description of which is on file with the Department.

(Ord. 6282, 2019; Ord. 6032, 2015)

17.04.580 Reach.

A. A REACH is a hydraulic engineering term to describe a segment of a stream or river that generally contains a specified feature that is either uniform throughout or requires special attention or study. A reach will generally include the segment of the floodway area where flood heights are influenced by a manmade or natural obstruction (such as, a segment of a stream or river between consecutive bridge crossings).

B. A SIGNIFICANT REACH may include more than 1 normal reach based upon the extent of the proposed change.

(Prior code Appendix A, Art. II (part))

17.04.585 Recreational facilities.

RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses and other private noncommercial recreation areas and facilities, or recreation centers including private swimming pools.

(Prior code Appendix A, Art. II (part))

17.04.587 Recyclables, household.

HOUSEHOLD RECYCLABLES. waste material from normal household operations accepted at recycling centers including but not limited to glass, plastic, aluminum, tin, newspaper, cardboard, lawn clippings, leaves and tree branches.

(Ord. 3004, 1993)

17.04.590 Regulatory flood.

REGULATORY FLOOD. A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.

(Prior code Appendix A, Art. II (part))

17.04.595 Regulatory flood protection elevation.

REGULATORY FLOOD PROTECTION ELEVATION. The elevation to which uses regulated by this title are required to be elevated or floodproofed.

(Prior code Appendix A, Art. II (part))

17.04.600 Required setback.

REQUIRED SETBACK. A distance necessary to obtain the minimum front, side and rear yards required in this title.

(Prior code Appendix A, Art. II (part))

17.04.605 Roominghouse.

ROOMINGHOUSE. A building where lodging only is provided for compensation to 3 or more, but not exceeding 12 persons. A building which has accommodations for more than 12 persons shall be defined as either a hotel or a hotel apartment under the terms of this title.

(Prior code Appendix A, Art. II (part))

17.04.610 Sanitarium.

See Medical facility.

(Prior code Appendix A, Art. II (part))

17.04.615 Sanitary sewer.

SANITARY SEWER. A municipal or community sewage disposal system of a type approved by the state’s Board of Health.

(Prior code Appendix A, Art. II (part))

17.04.620 School, private.

PRIVATE SCHOOL. An institution of learning that is not tax supported, including colleges and universities.

(Prior code Appendix A, Art. II (part))

17.04.625 School, public.

PUBLIC SCHOOL. A tax-supported institution of learning, including colleges and universities.

(Prior code Appendix A, Art. II (part))

17.04.627 Secretary of Interior’s Standards for the Treatment of Historic Properties.

SECRETARY OF INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES. The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, 1995, National Park Service, U.S. Department of Interior, and any adopted amendments to the standards.

(Ord. 6032, 2015)

17.04.630 Self-service laundry.

SELF-SERVICE LAUNDRY. A laundry providing home-type washing, drying and ironing machines for hire to be used primarily by the customers on the premises.

(Prior code Appendix A, Art. II (part))

17.04.631 Side load garage.

SIDE LOAD GARAGE. A garage structure on which the overhead doors do not face a front property line or right-of-way.

(Ord. 5742, 2011)

17.04.635 Sign, billboard or other advertising device.

SIGN, BILLBOARD, or OTHER ADVERTISING DEVICE. Any structure, or part thereof, or device attached thereto, or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia or representation used as, or which is in the nature of an announcement, direction or advertisement. The word SIGN includes the word BILLBOARD or any other type of advertising device, but does not include the flag, pennant or insignia of any nation, state, city or other political unit. Types of signs are defined in the following categories:

A. ADVERTISING SIGN. A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises if at all.

B. BILLBOARD. A type of advertising sign having more than 100 square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.

C. BUSINESS SIGN. A sign which directs attention to the business or profession conducted on the premises. A For Sale, To Let or Information sign shall be deemed a BUSINESS SIGN.

(Prior code Appendix A, Art. II (part))

17.04.636 Sod farms.

A SOD FARM means an establishment engaged in the growing of turf grass for ultimate harvesting and sale.

(Ord. 3360, 1997)

17.04.640 Sorority.

See Fraternity.

(Prior code Appendix A, Art. II (part))

17.04.643 State Register of Historic Places.

STATE REGISTER OF HISTORIC PLACES. The state register of historic places that is prepared and maintained by the South Dakota Office of History, pursuant to SDCL 1-19A-5.

(Ord. 6032, 2015)

17.04.645 Story.

STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than 6 feet above grade (adjoining ground elevation) as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, the basement, cellar or unused under-floor space shall be considered a story.

(Ord. 3872, 2002; prior code Appendix A, Art. II (part))

17.04.650 Stream.

STREAM. An area subject to constant, periodic or occasional inundation.

(Prior code Appendix A, Art. II (part))

17.04.655 Street.

STREET. A public or private thoroughfare which affords the principal means of access to abutting property.

(Prior code Appendix A, Art. II (part))

17.04.660 Street grade.

STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

(Prior code Appendix A, Art. II (part))

17.04.665 Street, intersecting.

INTERSECTING STREET. Any street which joins another street at an angle, whether or not it crosses the other.

(Prior code Appendix A, Art. II (part))

17.04.670 Street line.

STREET LINE. The legal line between street right-of-way and abutting property.

(Prior code Appendix A, Art. II (part))

17.04.675 Structure.

STRUCTURE. A combination of materials to form a construction that is safe and stable and includes, but is not limited to the following: stadiums, platforms, radio and television antennae towers, permanent satellite dish antennae and the appurtenant mounting apparatus, sheds, storage bins, fences and display signs.

(Prior code Appendix A, Art. II (part))

17.04.676 Studio apartment.

STUDIO APARTMENT. A 1-room apartment with kitchen facilities and a separate bathroom.

(Ord. 6229, 2018)

17.04.677 Teenage care center.

TEENAGE CARE CENTER. A facility, by whatever name, in which supervision, tutoring, counseling, education, transportation and recreation is provided on a regular basis with compensation for 4 or more children between 10 and 19 years of age and their families. Meals may be provided; however, no overnight accommodations may be allowed. Administrative offices associated with the program may also be allowed.

(Ord. 5191, 2006)

17.04.678 Temporary trailer parks or campgrounds.

TEMPORARY TRAILER PARKS or CAMPGROUNDS. A tract of land within any nonresidential or general agricultural district whereupon travel or camping trailer, or any tent, is placed for the use as is required to serve a special event for the term of the permit as provided in § 17.50.230 of this chapter, subsection F.

(Ord. 3277, 1996)

17.04.680 Theater, moving picture.

MOVING PICTURE THEATER. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.

(Prior code Appendix A, Art. II (part))

17.04.685 Theater, outdoor drive-in.

OUTDOOR DRIVE-IN THEATER. An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

(Prior code Appendix A, Art. II (part))

17.04.690 Tourist cabin.

See Motel.

(Prior code Appendix A, Art. II (part))

17.04.695 Tourist court.

See Motel.

(Prior code Appendix A, Art. II (part))

17.04.700 Tourist home.

TOURIST HOME. A dwelling in which sleeping accommodations in not more than 4 rooms are provided or offered for transient guests for compensation.

(Prior code Appendix A, Art. II (part))

17.04.705 Trailer.

See Mobile home.

(Prior code Appendix A, Art. II (part))

17.04.710 Trailer court.

See Mobile home court.

(Prior code Appendix A, Art. 11 (part))

17.04.715 Trailer, hauling.

HAULING TRAILER. A vehicle designed for hauling animals, produce. goods or commodities, including boats, such vehicle to be pulled behind an automobile or truck.

(Prior code Appendix A, Art. II (part))

17.04.720 Trailer, travel or camping.

TRAVEL OR CAMPING TRAILER. A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.

(Prior code Appendix A, Art. II (part))

17.04.730 Use.

USE. The specific purpose for which land or a building is designed, arranged. intended, or for which it is or may he occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

(Prior code Appendix A, Art. II (part))

17.04.735 Utilities.

UTILITIES. Municipal and franchised utilities.

(Prior code Appendix A, Art. 11 (part))

17.04.740 Vehicle, inoperable.

INOPERABLE VEHICLE. A vehicle which has 1 or more major components missing or severely damaged for a period of 24 hours or more. Major components include: wheels, windshields, engine, transmission and major body parts, such as the doors, hood, trunk, roof and quarter panels.

(Prior code Appendix A, Art. II (part))

17.04.743 Vertical axis wind turbine.

Vertical axis wind turbine - 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, or for the purpose of transmitting power to the electrical grid of an electric utility company through an approved interconnection.

(Ord. 5409, 2008)

17.04.745 Walkway.

WALKWAY. A path or area for pedestrians.

(Prior code Appendix A, Art. II (part))

17.04.750 Way.

WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

(Prior code Appendix A, Art. II (part))

17.04.752 Wind energy conversion system.

A WIND ENERGY CONVERSION SYSTEM (WECS) is an aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnections, battery 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.

(Ord. 3705, 2001)

17.04.755 Yard.

YARD. An open space between a building and the lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this title, that building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

(Ord. 3872, 2002; prior code Appendix A, Art. II (part))

17.04.760 Yard, front.

FRONT YARD. An open unoccupied space on the same lot with a main building extending the full width of the lot and situated between the street line and the front line of the building projected to the side line of the lot. The depth of the front yard shall be measured between the front line of the building and the street line.

(Prior code Appendix A, Art. II (part))

17.04.765 Yard, rear.

REAR YARD. An open (other than for permitted accessory structures) space on the same lot with the principal building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

(Prior code Appendix A, Art. II (part))

17.04.770 Yard, side.

SIDE YARD. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

(Prior code Appendix A, Art. II (part))

17.04.775 Zoning district.

See District.

(Prior code Appendix A, Art. II (part))