In the application of this ordinance, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.

A.

Words used in the present tense shall include the past and future.

B.

Words used in the singular number shall include the plural number and the plural, the singular.

C.

The word "shall" is mandatory and not discretionary.

D.

The word "may" is permissive.

E.

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

F.

The word "lot" shall include the words "plot," "parcel," or "tract."

G.

The word "person" shall include a "firm," "association," "organization," "partnership," "trust," "company," or "corporation" as well as an "individual."

H.

The word "building" shall include the words "structure" and "premises."

I.

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

Abutting shall mean adjacent or contiguous and shall include property separated by an alley. The term "abutting" implies a closer proximity than the term "adjacent."

Accessory use or structure shall mean a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Activity shall means any application for a permit under this ordinance or any development or use encompassed within the jurisdiction of this ordinance.

Adult arcade shall mean any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

Adult bookstore or video store shall mean a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:

1.

Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides, or other visual representations that depict or describe specific sexual activities or specific anatomical areas.

2.

Instruments, devices, or paraphernalia that are designed for use in connection with specific sexual activities.

Adult cabaret shall mean any nightclub, bar, restaurant, or other similar commercial establishment that regularly features:

1.

Persons who appear in a state of nudity or seminudity.

2.

Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

3.

Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.

Adult motion picture theater shall mean a commercial establishment in which, for any form of consideration, films, motion pictures, videocassettes, slides, or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

Adult oriented business shall mean any adult arcade, adult bookstore or video store, cabaret, adult live entertainment establishment, adult motion picture theater, adult theater, massage establishment that offers adult service, or nude model studios.

Adult service shall mean dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening, or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

Adult theater shall mean a theater, concert hall, auditorium, or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

Agriculture shall mean The production, keeping, or maintenance, for sale, lease or personal use, of plants and land useful to man, including, but not limited to: Forages sod crops; grains and seed crops; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.

Airport shall mean a place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers, including heliports.

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

Amateur radio antenna means any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Amateur radio antenna installation means a single structural unit which is comprised of the antenna support structure, antennas, and other communication-related appurtenances.

Antenna means any device that radiates or captures electromagnetic wave signals, including digital voice and data signals, analog voice and data signals, video signals or microwave signals, and is mounted on a structure that allows freedom from obstruction for the radiation and capture of electromagnetic signals.

Antenna support structure means a monopole, lattice tower, guy-wire support tower, building, or other structure being used for the placement and support of antennas and other communication-related appurtenances.

Aquifer shall mean a geologic formation, group of formations, or part of a formation capable of yielding, storing, or transmitting a usable amount of groundwater to wells or springs for domestic or animal use.

Arcade shall mean a building or structure, open to the public, which contains coin operated games and similar entertainment and amusement devices, as the primary use or with five or more games as an accessory use.

Assisted-living center and congregate care facility shall mean a licensed health care facility to provide 24-hour supervision of the frail elderly that provide rooms, meals, personal care, and supervision of self-administrated medication. They may also provide services, such as recreational activities, financial services, and transportation.

Automobile storage yard shall mean the temporary storage of vehicles which are impounded, licensed, and operable, in an unroofed area.

Awning/canopy shall mean a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

Bed and breakfast establishment shall mean a private single-family residence which is used to provide limited meals and temporary accommodations for a charge to the public.

Board of adjustment shall mean a public and quasi-judicial agency charged with duty to hear and determine zoning appeals.

Boardinghouse shall mean a building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.

Broadcast tower shall mean a structure, not including offices or studio, for the transmission of radio or television broadcast communications.

Buildable area shall mean the three-dimensional space within which a building is permitted to be built on a lot and which is defined by maximum height regulations and yard setback regulations.

Building shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is constructed or erected on the ground or attached to the ground with a fixed location on the ground.

Building, detached shall mean a building surrounded by open space on the same lot.

Building, height shall mean the vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest roof, or to the average height of the highest gable of a pitched, hipped, or shed roof. The measurement shall be taken from the average elevation of the finished grade within ten feet of the structure.

Building line shall mean a line parallel to the curb line touching that part of a building or parking lot closest to the street.

Building permit shall mean a document signed by the authorized official of the City of Salem as a condition precedent to the commencement of a use or the erection, construction, re-construction, restoration, alteration, conversion, or installation of a building, which acknowledges that such use, or building complies with the provisions of the municipal zoning ordinance or an authorized variance therefrom.

Building, residential shall mean a building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers, and which includes, but is not limited to, the following types:

1.

Single-family detached dwellings;

2.

Single-family attached dwellings;

3.

Multiple-family dwellings (including apartment hotels);

4.

Lodging houses; and

5.

Fraternity and sorority houses.

Bus passenger terminal shall mean a place where the transfer of people between modes of transportation takes place.

Bus/truck terminal shall mean an area and building where buses, trucks, and cargo is stored; where loading and unloading is carried on regularly; and where minor maintenance of these types of vehicles is performed.

Bus/truck wash shall mean any building or portions thereof used for washing buses and/or trucks.

Campground, travel trailer parking area shall mean a plot of ground for public use upon which two or more campsites are located, established, maintained, advertised, or held out to the public, to be a place where camping units can be located and occupied as temporary living quarters.

Carport shall mean a space or structure serving same or similar purpose as a garage, having a roof, but two or more sides are open or do not have a permanent wall.

Car wash shall mean any building or portions thereof used for washing automobiles.

Certificate of occupancy shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

Change of use shall mean the substitution of one thing for another specifically regarding use of land or use of a building.

Church shall mean a building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

City shall mean City of Salem, South Dakota.

City council shall mean the Board of City Council Members, Salem, South Dakota.

Clinic shall mean an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, optometrists, social workers, etc., and where patients are not usually lodged overnight.

Club shall mean buildings and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

Commercial parking lot/facility shall mean an approved open or enclosed off-street parking area or structure where licensed and operable motor vehicles are temporarily stored for a fee.

Commission shall mean the City Planning Commission of Salem, South Dakota.

Communication-related appurtenances means any device or object, other than the antenna support structure and antennas, that plays a functional role in the operation of an amateur radio antenna installation. While this definition is highly situational, an example may include guy-wire supports for an antenna or antenna support structure.

Comprehensive plan shall mean the adopted long-range plan intended to guide the growth and development of the community and region, including analysis, recommendations and proposals of the community's population, economy, housing, transportation, community facilities, and land use.

Conditional use permit shall mean a permit issued by the planning commission stating that a conditional use complies with the conditions and standards set forth in this ordinance.

Contractor's shop and storage yard shall mean the use of land or buildings for storage and preparation of materials used by that same individuals in conducting the business of construction and repair work, generally completed at some other on-site location.

Contaminant shall mean any "regulated substance," as defined by SDCL 34A-12-1(8), as in effect on the date of passage of this ordinance and as amended from time to time, and all petroleum products, including gasoline, oil, waste oils, and other fuels as well as their hazardous constituents.

Convent and monastery shall mean a place of residence for bona fide members of a religious order who carry on religious, medical, educational, or charitable work in adjacent institutions.

Curb line shall mean the outside lines of the pavement or roadway.

Day care shall mean the providing of care and supervision of a child or children/adults as a supplement to regular parental/home care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.

Day care, center shall mean [care] is normally in a facility used only for providing day care, nursery, or pre-kindergarten services, and is limited in number over 12 by the square footage of usable space available. The ratio is presently 35 square feet per child indoors and 50 square feet per person outdoors.

Day care, family shall mean care is done in a family home, and the number of persons cared for is limited to a maximum of six adults or six children under 14. Included in that count are the providers' own children six years and under. See (home occupation).

Day care, group shall mean [care] is normally [done] in a family home. The number of persons cared for is seven to twelve adults or children under the age of 14 including the provider's own children six years and under.

Density shall mean the number of families, individuals, dwelling units, or housing structures per unit of land.

Development shall mean the carrying out of any construction, reconstruction, alteration of surface, structure, change or land use or intensity of use, and including, but not limited to, the deposit of refuse, solid or liquid waste, any mining or drilling operation, or work relating to the creation of a road, street, or parking area.

Distillation of products shall mean a building or premises used for the purification and concentration of a substance by volatilization or evaporation and subsequent condensation.

District shall mean a part, zone, or geographic area of the City of Salem within which certain zoning or development regulations apply.

Drive-up service window/device shall mean an establishment which accommodates the patron's motor vehicles, from which the occupants may obtain or receive a service or obtain a product through a service window or automated device.

Dwelling shall mean a building, or portion, thereof, used exclusively for human habitation, including single-family, two-family, and multiple-family dwellings, but not including hotels, motels, or lodging houses.

Dwelling, attached shall mean a one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Dwelling, multiple-family shall mean a building, or portion thereof, containing three or more dwelling units.

Dwelling, single-family detached shall mean a dwelling which is designed for and occupied by not more than one family and is surrounded by yards and is not attached to any other dwelling by any means.

Dwelling, single-family farm shall mean a single-family dwelling located on a farm which is used or intended for use by the farm's owner or relative of the owner or a person employed thereon.

Dwelling, townhouse shall mean one of a group or row of two or more single-family dwellings designed and built as a single structure facing upon a street in which the individual townhouse may or may not be owned separately. The townhouse need not face upon a street if otherwise specifically provided in this title. For the purpose of side yard regulations, the structure containing the row or group of townhouses shall be considered as one building occupying a single lot.

Dwelling unit shall mean one or more rooms, designed, occupied, or intended for occupancy as a 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.

Electrical substation shall mean a premises which may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main system.

Existing antenna support structure shall mean any existing structure that supports wireless communications facilities, such as but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples and light poles.

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

1.

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

2.

Not more than six persons under 18 years of age, residing in a foster home licensed or approved by a governmental agency;

3.

Not more than four persons 18 years of age or older residing with the family for the purpose of receiving foster care licensed or approved by a governmental agency;

4.

Any persons living with the family at the direction of a court; and

5.

Twenty-four-hour supervised living of persons with physical or mental disabilities, but not including group homes for drug and alcohol rehabilitation or halfway houses for persons adjudicated by a court. Such residential facilities shall be licensed by the State of South Dakota and proof of such licensing shall be required prior to zoning certificate approval.

Farm shall mean a parcel of land used for agricultural purposes, with a minimum of ten acres in size.

Farm implement dealer shall mean the use of any building or land area for the display and sale of new and used farm implements, including any warranty repair work and other repair service conducted as an accessory use.

Farmstead shall mean the area of a farm in which the out buildings sit and is normally protected by a grove(s) and not used for crops or grazing.

Farm store/feed store shall mean a retail store selling primarily agricultural products, including the bulk storage of fertilizers and related agri-chemicals.

Fence shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Floor area shall mean the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement, or cellar when said space is used for storage or incidental uses.

Freestanding sign (ground sign) shall mean a sign supported by one or more uprights, poles, or braces in or upon the ground and not attached to any building.

Frontage shall mean that side of a lot abutting on a street; the front lot line.

Frozen food locker shall mean a place where an animal is dressed and packaged, where no rendering or refining is done.

Fruit/vegetable canning and processing shall mean a commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.

Garage, private shall mean an accessory building or part of a main building used primarily for storage of private motor vehicles and which shall not be used for commercial purposes. In no event shall the size of the building footprint of the garage(s) or carport(s) exceed the footprint of the dwelling unit(s). Unattached garage(s) shall be limited to maximum sidewalls of ten feet. The garage(s) or carport(s) shall be used only by persons residing on the premises. Any garage not meeting these requirements shall be allowed only as a conditional use pursuant to section 18.01.

Garden center shall mean a building or premises used primarily for the retail sale of items useful in the culture, display, or decoration of lawns, gardens, or indoor plants; including books, appliances, and tools, but not including power tools or tractors.

Gas dispensing station shall mean any building or premises which provides for the retail sale of gasoline or oil. No automobile repair work or sale of auto accessories, or testing may be done. Gasoline pumps and islands shall be located more than 12 feet from the nearest property line.

General manufacturing shall mean those manufacturing processes including light manufacturing which have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare, or the operation of the processes outside the building.

Golf course shall mean a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters.

Grade shall mean the average elevation of the land around a building.

Grain terminal shall mean a facility for the storage of agricultural grains.

Greenhouse shall mean a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

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

Groundwater shall mean subsurface water that occurs in soils and geologic formations that are fully saturated.

Hazardous material shall mean any contaminant as defined in this ordinance, and any hazardous chemical for which a material safety data sheet must be filed under 42 USC 11021 and 11022 as in effect on the date of publication of this ordinance.

Home occupation shall mean any occupation carried on by a member of the immediate family residing on the premises, in accordance with section 11.12 of these zoning regulations.

Hospital shall mean an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

Hotel, motel, motor court, motor lodge, or tourist court shall mean any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.

Junkyard shall mean any lot, land, parcel or portion thereof, used for the storage, wrecking, dismantling, salvage, collection, processing, purchase, sale, or exchange of abandoned or discarded vehicles, goods, waste, and scrap materials, including, but not limited to: Two or more abandoned or inoperable motor vehicles, waste paper, rags, glass, tires, wood, lumber, appliances, machinery, or automotive and mechanical parts. A junkyard does not include operations entirely enclosed within buildings.

Kennel shall mean any premises, or portion thereof, where dogs, cats, and other household pets are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

Landscaped area/living ground cover shall mean an area that is permanently devoted and maintained in blue grass/ creeping red fescue, herbaceous perennials, trees, shrubbery, and flowers.

Light manufacturing shall mean those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat or glare. These commercial and industrial uses are characterized by generally having all aspects of the process carried on within the building itself.

Loading space shall mean a space within the main building or on the same lot for the standing, loading, or unloading of trucks.

Lot shall mean a parcel of land occupied or intended for occupancy by a use permitted in this ordinance, which may include one main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place.

Lot area shall mean the area of a horizontal plane bounded by the front, side and rear lot lines.

Lot, corner shall mean a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

Lot, double frontage shall mean a lot which abuts a street on two opposite sides (not a corner lot).

Lot, frontage shall mean the length of the front lot line measured at the street right-of-way line.

Lot, interior shall mean a lot other than a corner lot.

Lot line shall mean a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot line, front shall mean the lot line separating a lot from a street right-of-way.

Lot line, rear shall mean the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Lot line, side shall mean any lot line other than a front or rear lot line.

Lot of record shall mean a lot of record is a lot which is part of a subdivision or a certified survey map which has been recorded in the office of the county register of deeds; or a parcel of land, the deed to which was recorded in the office of said register of deeds prior to the effective date of this ordinance.

Manufacture of acid, alcohol, ammonia, asphalt, bleach, cement, chlorine, dyestuffs, explosives, fertilizer, glue, gypsum, lime, oils, plaster of paris, shellac, sizing, turpentine or yeast, etc. shall mean establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

Manufactured home shall mean a dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process. A manufactured home is designed to be towed on its own chassis or be site delivered by alternative means. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards.

For manufactured homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required.

Manufactured home park, approved shall mean a contiguous parcel of land operated as a unit, under the same ownership where six or more lots are rented for the temporary placement of manufactured homes, with all necessary facilities and services, and is approved by the City of Salem.

Massage establishment shall mean an establishment in which a person, firm, association, or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This subdivision does not apply to:

1.

Physicians who are licensed pursuant to SDCL Ch. 36-4 or a podiatrist licensed pursuant to SDCL Ch. 36-8.

2.

Registered nurses or licensed practical nurses who are licensed pursuant to SDCL Ch. 36-9.

3.

Physician assistants who are licensed pursuant to SDCL Ch. 36-4A or certified nurse practitioners and certified nurse midwives who are licensed pursuant to SDCL Ch. 36-9A.

4.

Physical therapists licensed pursuant to SDCL Ch. 36-10.

5.

Athletic trainers licensed pursuant to SDCL Ch. 36-29.

6.

Massage therapists licensed pursuant to SDCL Ch. 36-35.

7.

Chiropractors licensed pursuant to SDCL Ch. 36-5.

Mini-warehouse shall mean a building used primarily for the storage of goods and materials. The building shall be no more than 2,500 square feet.

Mortuary shall mean a place for the storage of human bodies prior to their burial or cremation.

Motel shall mean an establishment consisting of a group of attached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone, and secretarial or desk service, and the use and upkeep of furniture. In a motel, less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists. (See hotel/motel.)

Motor vehicle shall mean any vehicle which is designed to travel along the ground or in the water and shall include but not be limited to automobiles, vans, buses, motorbikes, trucks, trailers, go- carts, golf carts, boats, ATVs, snowmobiles, and campers.

Motor vehicle repair shall mean any building or premises involving the repair and/or painting of motor vehicle bodies or parts thereof and the rebuilding and/or overhauling of engines or transmissions.

Motor vehicle, commercial shall mean any vehicle which has more than 16 square feet of signage or which is adapted, designed, equipped, and used to perform a specific commercial function and which does not meet the definition of motor vehicle, personal/passenger as defined herein.

Motor vehicle, inoperable shall mean a motor vehicle which is not in operating condition due to damage, removal, or inoperability of one or more tires and/or wheels, engine, or other essential parts, or which is not in operating condition due to damage or removal of equipment as required by the State of South Dakota for its lawful operation, or which does not have lawfully affixed thereto a valid state license plate, or which constitutes an immediate health, safety, fire or traffic hazard.

Motor vehicle, personal/passenger shall means any car, pickup-truck, or van which has no more than 16 square feet of signage and which is designed and facilitates personal/passenger travel and has not been externally altered with features not customary to personal usage.

Motor vehicle, recreational shall mean any vehicle which is adapted, designed, and equipped to facilitate leisure time activities including, but not limited to, the following: ATVs, boats, motor bikes, snowmobiles, along with trailers to haul said vehicles; RVs and travel trailers.

Motor vehicle sales, display, and rental shall mean the use of any building, land area, or premises, for the display, sale, or rental of new or used motor vehicles, and including any warranty repair work and other repair service conducted as an accessory use. The sale or display of inoperable motor vehicles is not allowable as part of this use category, see "junkyard."

Motor vehicle service station shall mean any building or premises which provides for the retail sale of gasoline, oil, tires, batteries and accessories for motor vehicles and/or for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service, and testing or adjusting of automotive parts. Motor vehicle repair work may be done at a motor vehicle service station provided that no rebuilding of engines, spray paint operations, or body or fender repair is conducted. Gasoline pumps and gasoline pump islands shall be located more than 12 feet from the nearest property line.

Neighborhood utility facility shall mean telephone, electric, and cable television lines, poles, and equipment; water or gas pipes, mains and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities and equipment (excluding buildings, facilities and above ground structures that exceed 120 square feet of area) necessary for conducting a service by a government or a public utility.

Nonconforming use shall mean a use of land, buildings, structures, or premises that lawfully existed prior to the adoption, revision, or amendment to this title, but which fails, by reason of such adoption, revision, or amendment, to conform to the present use restrictions of the zoning district in which it is located.

Nude model studio shall mean a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other considerations. The term, nude model studio, does not include a proprietary school that is licensed by this state, a college, or a university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college or university that is supported entirely or in part by taxation or a structure to which the following apply:

1.

A sign is not visible from exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.

2.

A Student must enroll at least three days in advance of a class in order to participate.

3.

No more than one nude or seminude model is on the premises at any time.

Nude, nudity or state of nudity shall mean any of the following:

1.

The appearance of a human anus, genitals, or a female breast below a point immediately above the top of the areola.

2.

A state of dress that fails to opaquely cover a human anus, genitals, or a female breast below a point immediately above the top of the areola.

Nursery shall mean land or greenhouses used to raise flowers, shrubs, and plants for sale. (See greenhouse.)

Nursing home shall mean an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

Office building shall mean a building designed for or used as the office of professional, commercial, industrial, financial, religious, institutional, public, or semipublic persons or organizations. Broadcast stations, offices, and studios shall be considered to be office buildings; broadcast towers as defined in this title shall not be so considered.

Off-sale alcoholic beverage establishment shall mean any use which has been licensed to sell alcoholic beverages for consumption off the premises where sold.

On-sale alcoholic beverage establishment shall mean any use which has been licensed to sell alcoholic beverages for consumption upon the premises where sold, except for special one-day liquor or special malt beverage licenses.

Outdoor storage shall mean the keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours. Goods, material, merchandise, or vehicles shall not include items listed, nor be of a nature as indicated in the definition of junkyard as defined herein.

Parking space shall mean a hard-surfaced area, enclosed or unenclosed, sufficient in size to park one motor vehicle. A parking space must be provided an unobstructed means of access, and all spaces shall meet the minimum criteria as prescribed by city ordinance.

Party wall shall mean a common shared wall between two separate structures, buildings, or dwelling units.

Permanent foundation shall mean a continuous foundation around the perimeter of a structure, which, at bottom, extends no less than 48 inches below the surface of the ground.

Permitted uses shall mean any permissive or conditional uses allowed in a zoning district subject to the restrictions applicable to that zoning district.

Personal services shall mean establishments primarily engaged in providing services involving the care of a person or their apparel including, but not limited to: Laundry or dry cleaning, receiving station; garment services; coin-operated laundries; photographic and art studios; beauty shops; barber shops; shoe repair; reducing salons and health clubs; clothing rental.

Place of worship shall mean a structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural or other features.

Planning commission shall mean the duly designated planning board of the municipality responsible for reviewing and approving applications for development and preparation of master plans and ordinances.

Principal building shall mean a building in which is conducted the primary or predominant use of the lot on which it is located.

Principal use shall mean the primary or predominant use or building of any lot.

Printing plant shall mean a commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including, but not limited to, offset printing, lithography, web offset, flexographic and/or screen process printing.

Private club shall mean a group of people organized for a common purpose to pursue common goals, interests, or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

Projecting sign a sign other than a wall sign which is attached to and projects from a structure or building face.

Property line (See lot line).

Public service facility shall mean government facilities and uses that provide an essential public purpose or service including, but not limited to, a police station, judicial court, fire station, ambulance service, transit or transportation transfer station, library, community center, public recreation facility, or office, but not including public utility or treatment stations, maintenance facilities, sanitary landfills or facilities for incarcerated persons.

Public utility facilities (see neighborhood utility facilities). The definition is the same as the neighborhood except that buildings, structures, and facilities that exceed 120 square feet in area are allowable.

Quarry shall mean a surface excavation used for the removal of rock, stone, sand, gravel, and fill dirt for sale or use off-site and includes sifting, crushing, and washing and bagging.

Recreation facility, commercial shall mean a place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive and operated as a business and open to the public for a fee.

Recreation facility, public shall mean a recreation facility operated by a governmental agency and open to the general public with or without fees.

Recyclable materials shall mean materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to, aluminum, paper, glass, steel, and plastic.

Recycling collection facility shall mean an established facility where recyclable materials are collected for shipment off site, with no processing such as grinding or crushing of the materials. Fully enclosed automated self-service aluminum collection machines not more than 750 square feet are considered recycling collection facilities regardless of whether they contain a crusher or grinder. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.

Recycling processing facility shall mean an established facility where recyclable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. No on-site sales of materials, nor salvage-type automobiles may be processed at these types of facilities. Facilities which handle recyclable hazardous materials, or waste petroleum products as a primary or substantial portion of their business are not included.

Residence shall mean a permanent dwelling place.

Retail services and trade shall mean establishments engaged in selling products, goods, or merchandise to the general public for personal or household consumption; and establishments engaged in providing services or entertainment to the general public including eating establishments, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services, and other miscellaneous services but does not include on-sale alcoholic beverage establishments.

Restaurant shall mean an establishment where food and drink is prepared, served, and consumed primarily within the principal use.

Roof sign shall mean any sign erected upon, against, or directly above a roof or on top of the parapet of a building.

Rooming/boarding house (see boarding house).

School, elementary or secondary (high school) shall mean any building or part thereof, whether public or private, which is designed, constructed, or used for instruction in elementary or secondary (high school) education.

Seminude shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

Setback/setback line shall mean that line that is the required minimum distance from any lot line that establishes the area within which the principal use must be erected or placed.

Shallow/surficial aquifer shall mean an aquifer in which the permeable media (sand and gravel) starts near the land surface immediately below the topsoil. The shallow aquifer is further defined as an aquifer within 50 feet or less below the land surface within 15 feet or less of continuous overlying, extremely low permeability material, such as clay, till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability material for purposes of this ordinance; or, the aquifer is greater than 50 feet but less than 100 feet below the land surface with 30 feet or less of continuous overlying low to extremely low permeability geological material that may be a combination of weathered and unweathered till, shale, or till and shale.

Sign shall mean any object, device, display, or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. This definition does not include signs not exceeding 12 square feet for advertising the sale or lease of real estate, national or state flags or their emblem or insignia, interior window displays, athletic scoreboards, or the official announcements or signs of government.

Sign area shall mean the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.

Sign face (display surface) shall mean the entire area of sign on which copy could be placed. (See sign area.)

Sign (off-premises) shall mean a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Sign (on-premises) shall mean a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

Sign structure shall mean any structure which supports, has supported, or is capable of supporting a sign.

Sign, wall shall mean a sign attached to or erected against a wall of a building and projecting no more than 12 inches with the face in a parallel plane to the plane of the building wall.

Slaughterhouse shall mean a facility for the slaughtering and processing of animals and the refining of their by-products.

Solid waste transfer facility shall mean a fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site. This does not include an infectious waste incineration facility.

Space, manufactured home park shall mean an internal lot within a manufactured home park which meets the requirements of the site plan approved as part of the manufactured home park's conditional use permit.

Specified anatomical areas shall mean any of the following:

1.

A human anus, genitals, the pubic region, or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.

2.

Male genitals in a discernibly turgid state even if completely and opaquely covered.

Specific sexual activities shall mean any of the following:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation, or sodomy.

3.

Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.

4.

Excretory functions as part of or in connection with any of the activities under subsection (1), (2), or (3) of this subdivision.

Story shall mean 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 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 herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement cellar or unused under-floor space shall be considered a story.

Street shall mean a public way which affords the principal means of access to abutting property.

Street, arterial shall mean a principal traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.

Street, collector shall mean a street which carries traffic from local streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in such development.

Street, local shall mean a street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities but not intended to be used for through traffic.

Structural alteration shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or any complete rebuilding of the roof or the exterior walls.

Structure shall mean anything constructed or erected on the ground or attached to the ground with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures, include buildings, walls, fences, signs, docks, dams, manufactured homes, and sheds.

Tank farm shall mean an open air facility containing a number of above-ground, large containers for the bulk storage in liquid form of petroleum products.

Telecommunications tower shall mean a self-supporting lattice, guyed-lattice, or monopole structure which supports wireless communications facilities. The term includes new and existing towers that are used for services such as microwave, common carrier, cellular telephone, personal communication services, two-way radio paging, and other similar services. The term telecommunications tower does not include amateur radio operators' equipment, as licensed by the Federal Communications Commission.

Temporary sign shall mean a banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic, wallboard, or other like materials, and intended to be displayed for a limited period of time.

Telecommunications tower height shall mean the vertical distance above grade to the highest point of the telecommunications tower, including the base pad and any antenna.

Telecommunications tower site shall mean the telecommunications tower site shall be the lot of record for which the telecommunications tower is located.

Travel trailer shall mean any of the following:

1.

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as temporary dwelling for travel, recreational, and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet, and a body length not exceeding 30 feet.

2.

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

3.

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

4.

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

Tree, required shall mean a tree which is required by this ordinance and meets or exceeds the minimum specifications according to tree type.

Use, accessory (see accessory building or use).

Use, permitted shall mean a permitted use is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district in which such use is located.

Use, principal shall mean a principal use is the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use includes off-premise advertising.

Warehouse shall mean a building used primarily for the storage of goods and materials.

Waste shall mean any garbage, refuse, sludge from a waste treatment plant, waste supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations, or from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1986, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1986.

Wholesale merchandising/wholesale trade shall mean establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wind energy conversion system (WECS) shall mean 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.

Wireless communications facilities shall mean any cables, wires, lines, wave guides, antennas, antenna arrays, and any other equipment associated with the transmission or reception of telecommunications signals which a person seeks to locate or have installed upon or near a telecommunications tower or antenna support structure.

Yard, front shall mean a yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

Yard, rear shall mean a yard extending a full width of the lot between a principal building and the rear lot line.

Yard, required front shall mean the required front yard shall extend across the front of a lot between the said property lines. There shall be a required front yard on each street side of a corner lot. The required front yard with the smallest required front yard may be referred to as the side-street-side front yard.

Yard line (see building line).

Yard, required rear shall mean the required rear yard shall extend across the rear of a lot between the said property lines. On corner lots, the required rear yard may be to the rear of either street. On interior lots, the required rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

Yard, required shall mean the required open space between a property line and a building line. The open space shall be unoccupied and unobstructed from the ground upwards except as otherwise provided in this title.

Yard, required side shall mean the side yard shall extend between the required front yard line and the required rear yard line. There shall only be one required side yard on a corner lot.

Yard, side shall mean a yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.

Zone shall mean a specifically delineated area or district of the City of Salem within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

(Ord. No. 641, § 4, 4-8-19; Ord. No. 654, § 2, 6-7-21)