For the purpose of this title, unless otherwise stated, words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "shall" is mandatory, not discretionary; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; the word "lot" includes the words "plat" or "parcel"; and the word "used" or "occupied" include the words "intended," "designed" or "arranged to be used or occupied."

(Ord. 1-76 (part): prior code § 14.0401)

For the purpose of this title, certain terms or words used herein shall be interpreted as set out in this chapter.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Accessory use of structure" means a use of structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of structure.

(Ord. 1-76 (part): prior code § 14.0402 (part))

Acre(s), gross, the total acreage of: (1) a subdivision; (2) a contiguous zoning district; or (3) a planned development. Computations shall include all public right-of-way except: (1) boundary streets of which only one-half of the right-of-way shall be used in any computation; and (2) publicly owned land used for community facilities such as parks, schools, libraries, etc.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Net acre(s)" means the same as "gross acres," but excluding all public rights-of-way and publicly owned land utilized for community facilities.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))

"Abandoned automobiles" means any motor vehicle, or portion thereof, which when operated on a public roadway is required to be registered by the state of South Dakota, whose registration has been expired for a period of one month or more. Notwithstanding the foregoing definition, a motor vehicle or portion thereof stored within a permitted building or structure shall not be considered to be an abandoned automobile.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Automobile service station" means a building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:

A.

Sale and servicing of spark plugs, and batteries, and distributors and distributor parts;

B.

Tire servicing and repair, but not recapping or regrooving;

C.

Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;

D.

Radiator cleaning and flushing;

E.

Washing and polishing, and sale of automotive washing and polishing materials;

F.

Greasing and lubrication;

G.

Providing and repairing fuel pumps, oil pumps, and lines;

H.

Minor servicing and repair of carburetors;

I.

Adjusting and repairing brakes;

J.

Emergency wiring repair;

K.

Minor motor adjustments not involving removal of the head of crankcase or racing the motor;

L.

Sales of cold drinks, packaged foods, tobacco and similar convenience goods for automobile service station customers as accessory and incidental to principal operation;

M.

Provision of road maps and other informational material to customers;

N.

Provision of restroom facilities.

Uses permissible at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations. An automobile service station is not a repair garage nor a body shop.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Automobile wrecking" means the dismantling or wrecking of used motor vehicle or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))

"Basement" means any floor below the first story of a building unless construed to be a story as defined in Section 17.08.560.

(Ord. 1-76 (part): prior code § 14.0402 (part))

See Section 17.08.520, Sign, off-site.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Boardinghouse" means any dwelling which provides sleeping and/or cooking and/or eating facilities for more than three, but less than ten unrelated individuals. A roominghouse or furnished roominghouse shall be deemed to be a boardinghouse. Sleeping rooms shall not be used for more than two persons per room. Such dwelling shall not be open to transients.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Building" includes the word "structure" and is a structure which is entirely separated from any other structure by space or by walls in which there is no communicating doors or windows or similar openings. A principal building including covered porches and paved patios, is a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Building area" means the portion of a lot remaining after required yards have been provided.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Cannabis (or marijuana)" means 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.

(Ord. No. 2021-03, 9-13-2021)

"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.

(Ord. No. 2021-03, 9-13-2021)

"Cannabis establishment" means a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

(Ord. No. 2021-03, 9-13-2021)

"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.

(Ord. No. 2021-03, 9-13-2021)

"Cannabis products" means any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

(Ord. No. 2021-03, 9-13-2021)

"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.

(Ord. No. 2021-03, 9-13-2021)

See Section 17.08.090, Basement.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Conditional use" means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in zoning districts as conditional uses, if specific provision for such conditional uses are made in this zoning ordinance. This is not to be confused with variance.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"County board" means the Spink County board of commissioners.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Density" pertains to the number of dwelling units per net acre or gross acre as indicated for the appropriate zoning district. Residential district density shall not be exceeded for new subdivisions nor exceeded for resubdivision of existing platted land.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))

"Dormitory" means a building not open to transients, where lodging and/or meals are provided for more than ten persons. Kitchen facilities shall not be included for each unit. If kitchen facilities are included in any unit other than for management personnel, then the building shall be defined as a multiple-family dwelling. A dormitory may have a central kitchen facility to provide meals for inhabitants of the dormitory.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Drive-in restaurant" means any place or premises used for sale, dispensing or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Mobile home dwelling" means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Multiple-family dwelling" means a residential building designed for or occupied by two or more families, with the number of families in residence not exceeding the number of dwelling units provided.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Single-family dwelling" means a detached residential dwelling unit other than a mobile home designed for and occupied by one family.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Dwelling unit" means one room, or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or long basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom and sleeping facilities.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Efficiency unit" means a dwelling unit having only one room exclusive of bathroom, closet compartments, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining alcove. An efficiency unit shall be permitted in a multifamily dwelling.

(Ord. 1-76 (part): prior code § 14.0402 (part))

In regard to off-street parking requirements, "employees" mean all who work in the enterprise including owners.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Family" means an individual or two or more persons, related by blood or marriage, living together as a single housekeeping unit in a dwelling unit, in each instance with no more than two nonrelated people being housed in the same dwelling unit, but provided further, that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. The word "family" shall not include groups occupying nursing homes, group houses, fraternity houses, sorority houses, dormitories, barracks; however, a portion of a building in this category may consist of one or more dwelling units occupied by a family or families.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Commercial feedlot" means a place where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

A.

The overflow of inland or tidal waters; and/or

B.

The unusual and rapid accumulation of runoff of surface waters from any source.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))

"Flood insurance rate map" (FIRM) means an official map of a community, on which the Federal Insurance Management Agency has delineated the special hazard areas and the risk premium zones applicable to the community.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))

"Floor area" means the sum of all gross horizontal enclosed area of the several floors of a building and its accessory buildings on the same lot excluding basement floor areas and nonenclosed portions of the structure. All dimensions shall be measured between exterior face of walls.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Floor area ratio (F.A.R.)" means the quotient of the floor area (as defined in Section 17.08.280) of the building divided by its lot area.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

A foundation shall be considered as "permanent" if it extends below the normal frostline, but not less than six feet deep, and is placed around the perimeter of the structure.

B.

A basement shall be considered a permanent foundation.

C.

In the placement of modular homes or manufactured homes without a basement, the following type of installation is permissible only in planned mobile home districts. Concrete pilings shall be poured according to manufacturer's specifications for spacing and shall extend to a depth below the normal frostline, but not less than six feet deep. Concrete pads shall be placed on top of the piling on which to set the structure. The structure must then be anchored to the piling with tie-downs as recommended by the manufacturer.

The structure must then be skirted with a material that will give the appearance of a permanent foundation around the perimeter of the structure. (See Figure 17.08.295.)

(Ord. 8-06: Ord. 7-88)

"Grade" means the average of the finished ground level at the center of all walls of a building. In case building walls are parallel to and within five feet of sidewalk(s) between side lot lines.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Height of building" means the vertical distance from the established average sidewalk grade or street grade, or finished grade at the building line, whichever is the highest, to the highest point of the building.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Home occupation" means an occupation conducted in a dwelling unit provided that:

A.

No more than one other person, in addition to members of the family, residing on the premises shall be engaged in such occupation.

B.

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

C.

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, nonilluminated and mounted flat against the wall of the principal building.

D.

No home occupation shall be conducted in any accessory buildings.

E.

There shall be no sales in connection with such home occupation.

F.

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 and other than in a required front yard.

G.

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, if the occupation is conducted in a single-family residence. 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.

H.

A dentist, physician, insurance or real estate office shall not be construed to be home occupations.

I.

A beauty and barber service with a maximum of one customer seating and service capacity may be permitted as a home occupation.

(Ord. 1-76 (part): prior code § 14.0402 (part))

(Ord. No. 06-2020, 6-1-2020)

"Junkyards" means the use of more than seven hundred fifty cubic feet of open storage on any lot, portion of a lot or tract of land for the sale, storage, keeping or abandonment of junk, scrap metals or salvageable materials, or for the abandonment, dismantling or wrecking of automobiles or other vehicles, machines, or parts thereof.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Kennel" means any lot, structure or premises where three or more dogs and/or cats over four months of age are kept.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Off-street loading space" means adequate space, logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used such as trucks, tractors, trailers, etc., and accessible to such vehicles at all times. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

A.

A single lot of record;

B.

A portion of a lot record;

C.

A combination of complete lots of record, of complete lots to record and portions of lots of record, or of portions of lots of record;

D.

A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

(Ord. 1-76 (part): prior code § 14.0402 (part))

The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lot and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards as defined in this title.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

"Depth of a lot" shall be considered to be the distance between the midpoints of straight lines connecting the foremost points the side lot lines in front and the rearmost points of the side lot lines in the rear;

B.

"Width of a lot" shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than eighty percent of the required lot width except in the case of culs-de-sac, where the eighty percent requirement shall not apply.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Lot of record" means a lot which is part of a subdivision recorded in the office of the county register of deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

(Ord. 1-76 (part): prior code § 14.0402 (part))

Any lot within the jurisdiction of this title shall be one of the following types:

A.

"Corner lot" means 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 one hundred thirty-five degrees.

B.

"Interior lot" means a lot other than a corner lot with only one frontage on a street.

C.

"Through lot" means a lot other than a corner lot with frontage of more than one street. Through lots abutting two streets may be referred to as double frontage lots.

D.

"Reversed frontage lot" means a lot on which the frontage is at right angles or approximately right angles, interior angle less than one hundred thirty-five degrees, to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Medical cannabis dispensary" or "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.

(Ord. No. 2021-03, 9-13-2021)

"Mobile home" means any occupied vehicle used or so constructed as to permit it being used as a conveyance on the public streets or highways and duly licensed as such, and shall include: self-propelled or nonselfpropelled vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons. Nothing in this definition shall be construed so as to include prefabricated, precut residences or those manufactured in sections or parts away from the site and transported thereto for erection; provided, that when completely erected, the prefabricated, precut or manufactured residences shall be on a permanent foundation and in all respects comply with the Uniform Building Code, 1967 Edition, and amendments thereto, recommended by the International Conference of Building Officials.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Mobile home park" means any premises where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for one or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles or enclosure used or intended for use, or intended wholly or in a part, for the accommodation of automobile transients.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

An off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley (included to mean forward motion as opposed to backing out) and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another.

B.

For purposes of rough computation, an off-street and necessary access and maneuvering room may be estimated at three hundred square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case.

C.

If appropriate, curbs (or stops) shall be installed at each off-street parking space to regulate traffic flow; adequate lighting facilities shall be provided.

D.

Design for off-street parking areas shall be approved by the administrative official prior to the issuance of a building permit.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

A means of developing or redeveloping existing larger parcels or combinations of smaller parcels of land within the jurisdiction of this title, by allowing more flexibility in design to produce a more aesthetic and/or efficient environment, and which through safeguards incorporated elsewhere in the title will assure that any such planned development will be in harmony and compatible with the intent of this title and the appropriate zoning district of this title.

B.

More specifically, a planned development is land which is under:

1.

Single ownership; or

2.

Unified control, and wherein such land is to be utilized for ultimate use by:

a.

Single ownership, or

b.

Unified control, or

c.

Separate ownership and unified control, or

d.

Separate ownership without unified control, and whereon such land is designed from use as one building or a group of buildings and whereon such land there may or may not be provisions for multiple purpose uses. Standards and requirements within the various zoning districts permitting a planned development are indicated in this title.

C.

Any such planned development shall be compatible to the comprehensive plan for Spink County, South Dakota. Provided further, if the proposed development is only for a portion of the contiguous landholdings of the applicant(s), then a simple, schematic plan showing anticipated uses, densities, shall be submitted with application for any planned development.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Public utility substation" means an area where facilities are provided for the distribution of telephone, radio communications, water, gas and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically with the nature of the respective district.

(Ord. 1-76 (part): prior code § 14.0402 (part))

See Section 17.08.110, Boardinghouse.

(Ord. 1-76 (part): prior code § 14.0402 (part))

See Section 17.08.070, Automobile service station.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

A "shipping container for storage" shall include a unit or reusable vessel that was:

Originally designed for or used in the parking, shipping, hauling, movement or transportation of freight, articles, goods or commodities by land, sea, or air; and/or

Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes steel sea or oceangoing containers which can be detached from a trailer, chassis or frame, and which were formally used for transporting sea or oceangoing cargo. This definition includes the terms "transport containers", "portable moving/storage unit/container pod", "cargo/oceangoing/transport container" and "portable site storage containers" having a similar appearance to and similar characteristics of shipping containers. In addition, this definition applies to any structure designed to imitate the look of a shipping container; a shipping container building or metal building marketed as "containers".

B.

For purposes of this Title, shipping containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.

C.

Nothing in this Title is intended to prohibit the sale of a Shipping Container for Storage within the corporate limits of the City of Redfield.

D.

Shipping Container for Storage shall conform with the following requirements:

1.

Setback Requirements: Placement of the Shipping Container for Storage shall meet all setback and hold down requirements for the zone in which it will be located.

2.

Exterior Appearance: The exterior of the Shipping Container for Storage shall be painted or altered in a neutral color to cover any advertising, lettering or numbers and shall complimentary in appearance to the principal structure.

3.

Stacking Prohibited: No stacking of shipping containers shall be allowed.

4.

Location; Structure; Permanent Foundation: Shipping Containers for Storage shall be:

a.

Located at ground level for safety;

b.

Located on a permanent foundation which meets all Building Code requirements;

c.

Shall provide adequate ventilation for personal safety;

d.

Maintained in structurally sound condition without noticeable wear, tear or rust; and

e.

Made of weather resistant materials able to withstand wind and snow loads.

5.

Dwelling Use Prohibited: Shipping Containers for Storage shall not be used as a dwelling unit.

6.

Size. Exterior Dimensions shall not exceed twenty feet in length, eight feet in width and nine feet in height.

(Ord. No. 01-2025, 3-25-2025)

"Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

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 or premises not having commercial connotations;

B.

Flags and insignia of any government except when displayed in connection with commercial promotion;

C.

Legal notices; identification, informational or directional signs erected or required by governmental bodies;

D.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;

E.

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

(Ord. 1-76 (part): prior code § 14.0402 (part))

A sign shall be considered to be a flashing sign if any element changes more frequently than thirty minute intervals. This shall be construed to mean that no change in the entire surface area of the sign, including structural members shall be made more frequently than thirty minute intervals except time and temperature signs.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Moving sign" means any sign which: revolves, moves, is animated, or gives the visual impression of: revolving, moving or animation.

(Ord. 1-76 (part): prior code § 14.0402 (part))

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and compassed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Off-site sign" means a sign other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards regardless of size.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"On-site interior sign" means a sign on the interior of a structure relating its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. As long as any such sign is not normally viewable from the exterior or the premises, it shall not be regulated by this title.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"On-site exterior sign" means a sign located on the property which relates to the subject matter of the premises on which it is located or to products, accommodations, services, or activities on the premises.

(Ord. No. 03-2009, 4-6-2009)

"Sign structure" means a structure constructed for the purpose of displaying a sign. Any sign structure shall be designed and constructed in a manner that is safe, not aesthetically offensive, and shall be free of any exposed: extra bracing, angle iron, guy wires, cables, etc.

(Ord. 1-76 (part): prior code § 14.0402 (part))

The "surface area of a sign" shall be computed as including the entire area within a regular geometric form or combination of regular geometric forms comprising all of the display area and including all of the elements of the matter displayed. Structural members not bearing advertising matter shall not be included in computation of surface area.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Story" means that portion of a building between the upper surface of any floor and the upper surface of the floor next above, except the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined in Section 17.08.300, such basement, cellar or unused underfloor shall be considered as a story.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Special exception" means a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions, if specific provisions for such special exception are made in this title.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Street line" means the lot line abutting right-of-way line.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, signs, billboards and poster panels. For the purposes of Chapter 17.56, "structure" means a walled and roofed building or mobile home that is principally above ground.

(Ord. 31-85 (part); Ord. 1-76 (part): prior code § 14.0402 (part))

A.

"Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either:

1.

Before the improvement or repair is started; or

2.

If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

B.

"Substantial improvement" does not, however, include either:

1.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2.

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))

"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes having a body width not exceeding eight feet.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Truck or equipment terminal" means any lot, structure or premises used for the parking or storage of capital equipment such as trucks, trailers or other like equipment, over three-quarter-ton capacity.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Unified control" means more than one parcel of land wherein separate owners join for development purposes, and at a later date may transfer all or part of the land to another person or persons, but any such transfer shall include the legal responsibility of being an integral part of the whole development. For example: a condominium, a cooperative, a land trust, or private ownership of a single parcel, but any such parcel has a legal responsibility to the entire development through a legally recorded covenant or some other recorded instrument. It is intended that all owners of such land under unified control know their limitations and responsibility as previously agreed upon are redefined from time-to-time. It is further intended that any such jointly owned land shall not come under ownership of Spink County as in the case of open space, except in special and unique conditions which shall be determined at the time of authorization. Unified control may be utilized within planned developments or in conventional developments.

(Ord. 1-76 (part): prior code § 14.0402 (part))

See Section 17.08.450, Public utility substations.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Variance" means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in the title, 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. This is not to be confused with a conditional use.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Yard" means a required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the grade of the 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.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

"Front yard" means a yard extending between side lot lines across the front of a lot adjoining a public street.

B.

In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty inches and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty inches and ten feet.

C.

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute, therefore, a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

D.

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 of half the depth required generally for front yards in the district shall be provided on the other frontage.

E.

In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.

F.

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:

1.

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

2.

No other front yard on such lot shall have less than half the full depth required generally.

G.

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 front yard lines shall be parallel.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

"Side yard" means a yard extending from the rear line of 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.

B.

In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half depth front yards have been established shall be considered side yards.

C.

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

(Ord. 1-76 (part): prior code § 14.0402 (part))

A.

"Rear yard" means 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.

B.

Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Special yard" means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed to perform like functions as a side yard, but next to a lot line so located or oriented that neither the term side yard nor the term rear yard clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be placed to the adjoining lot(s), with due consideration to the orientation and placement of structures and buildable areas thereon.

(Ord. 1-76 (part): prior code § 14.0402 (part))

"Zoning administrator" means the city finance officer.

(Ord. 31-85 (part): prior code Ch. 14.04 (part))