Sturgis City Zoning Code
GENERAL PROVISIONS
§ 156.001 TITLE.
An ordinance to provide for the establishment of zoning districts within which the proper use of land and natural resources shall be encouraged and regulated; to establish minimum standards for open space, building and population density; to regulate the occupancy and use of dwellings, buildings and structures, including tent and trailer coaches, that may hereafter be erected, altered or moved; to provide for the administration thereof; to provide for a method of amending; to provide for the conflicts with other acts, ordinances or regulations; to provide for the collection of fees for the furtherance of the purpose of this chapter to provide for petitions and public hearings; to provide for appeals and for the organization and procedure of the Board of Adjustment; and to provide for penalties for the violation of this chapter and amending prior ordinances.
(Prior Code, Title 18, Art. I, § 1)
§ 156.002 SHORT TITLE.
These regulations shall be known and may be cited as “The City of Sturgis Zoning Ordinance” or “this chapter.”
(Prior Code, Title 18, Art. I, § 2)
§ 156.003 PURPOSES.
It is the purpose of this chapter to promote the safety, health, morals, convenience and general welfare; to encourage the use of lands and natural resources in the city in accordance with their character, adaptability and suitability for particular purposes; to conserve social and economic stability, property values and the general character and trend of community development; to prevent excessive concentration of population; to lessen congestion on the public streets and highways; to facilitate adequate provision of streets and highways, sewage and drainage, water supply and distribution, educational and other public resources, by establishing herein standards for community development in accordance with these objectives and by providing for the enforcement of such standards.
(Prior Code, Title 18, Art. I, § 3)
§ 156.004 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural include the singular; the word “lot” includes the partnership or corporation as well as an individual; the word “structure,” the word “plot” or “parcel,” the word “building” includes the word “structure,” the term “shall” is always mandatory and not directory; and the word “may” is permissive. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied.
ABANDONED MOTOR VEHICLE. Any motor vehicle that is left in one location on public property or on private property without the consent of the owner thereof for a continuous period of more than 72 hours.
ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of the main or primary structure located on the same lot or parcel of land therewith.
ACCESSORY USE. A use customarily incidental, appropriate and subordinate to the principal use or land or buildings and located upon the same lot or parcel of land therewith.
ADULT ENTERTAINMENT CENTER. An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility, or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which contains one or more coin operated mechanisms which when activated permit a customer to view one or more live persons unclothed or in such attire, costume or clothing as to expose to view any portion of the areola of the female breast, or any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva or genitals.
ADULT-ORIENTED BUSINESS. An adult entertainment center, adults-only bookstore, adult novelty store, adult video store or adults-only motion picture theater; where 30% or more of the sales floor, merchandise value or total inventory, merchandise or performances are characterized by a preponderance of nudity, sexual conduct, sadomasochistic abuse and/or sexual excitement.
ADULT OVERLAY DISTRICT. The ADULT OVERLAY DISTRICT shall be composed of any parcel immediately adjacent and having vehicle access from Mayer Avenue, Sturgis Street, Hansen Drive or Industry Road.
ADULTS-ONLY BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein.
ADULTS-ONLY MOTION PICTURE THEATER. An enclosed building used regularly and routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for observation by patrons therein.
AGENCY. The City Council and any officer, employee, department, division or other agency of the city, including boards and commissions, but excludes the municipal court.
ALLEY. A permanent minor right-of-way within a block set apart for public use, vehicular travel and local convenience to provide access to the rear or side of the abutting lots or buildings.
ALTERATIONS, STRUCTURAL. As applied to a building or structure, any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
AMEND or AMENDMENT. Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a district or any repeal, abolition, change or addition to the zoning map.
AMUSEMENT AND RECREATION BUSINESS. Any business whose primary function is entertainment, such as theaters, billiard halls, amusement rides, shows, sightseeing tours or any other entertainment or amusement, which may be authorized by the Common Council.
ANTIQUE VEHICLE. A vehicle registered with and licensed by the State Division of Motor Vehicles of the Department of Revenue or the Department of Motor Vehicles of any other state as an ANTIQUE VEHICLE.
APARTMENT HOUSE. See DWELLING, MULTIPLE-FAMILY.
APPROVED. Refers to the approval of the City Council or its authorized agent.
ARCHITECTURAL PROJECTION. Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including, without limitation, a roof overhang, mansard, unenclosed exterior balcony, marquee, canopy, awning, pilaster and fascia, but not including a sign.
AREA, BUILDING. The total areas taken on horizontal plane at the a main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, decks and the like.
ASSISTED LIVING FACILITY. A facility, which has individual dwelling or living units where care may or may not be provided by on duty medical personnel, this facility can also be capable of serving one or more meals a day to the occupants of the structure at one and the same time.
AT-HOME BUSINESS. Any retail or commercial type business offering any goods or services in a residentially zoned district.
AUTHORIZED EMERGENCY VEHICLE. Every vehicle equipped with audible or visual signals meeting the requirements of state law and the city, as amended, and operated by a law enforcement personnel, City Fire Department personnel, ambulance personnel and every other vehicle defined as an authorized emergency vehicle by state law.
AUTHORIZED SERVICE VEHICLE. Such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by state law, and such other vehicles having a public service function, including, without limitation, public utility vehicles and tow trucks, as determined by the State Department of Highways. Some vehicles may be designated as both an authorized emergency vehicle and an AUTHORIZED SERVICE VEHICLE.
AUTOMOBILE PARKING LOT, PUBLIC. A parcel of land, lot or portion thereof owned and/or operated by a governmental or official public agency for off-street motor vehicle parking, but excluding the storage of dismantled or wrecked vehicles, parts thereof or junk.
AUTOMOBILE SERVICE STATION. Building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail and repair service is conducted, and excluding the commercial storage of dismantled or wrecked motor vehicles or junk.
AUTOMOBILE STORAGE GARAGE, PRIVATE. Accessory building, including a barn used for automobile storage, or a portion of a main building or building attached thereto, designed, arranged or used for housing private motor vehicles, including farm machinery and vehicles. A PRIVATE AUTOMOBILE GARAGE shall not be used for the commercial storage of dismantled or wrecked vehicles or junk.
AUTOMOBILE SALES LOT. Lot arranged, designed or used for storage and display for sale of any motor vehicle or any type of mobile home or farm implement, trailer, excluding the storage of dismantled or wrecked vehicles, parts thereof or junk.
AUTOMOBILE WRECKING. The dismantling, storage, sale, crushing or dumping or use motor vehicles, trailers or parts thereof.
AWNING. An architectural projection roofed with flexible material, including, without limitation, fabric, supported entirely from an exterior wall of a building, and that may be retracted, folded or collapsed against the face of the supporting building.
BASEMENT. A story where the floor is more than three feet below the average grade of the adjoining ground.
BATHROOM. A room with a tight-fitting door containing a water closet and a lavatory, said room may also contain a shower or bathtub.
BAY WINDOW. A window projecting from the wall of a building containing windows on all walls of the projection. The projecting bay is floor to ceiling in height, is not more than one-half the width of the room from which it projects and is not less than 50% glass.
BED AND BREAKFAST. A private home which is used for temporary, less than 30 days, accommodations for a charge to the public with not more than four units or not more than a daily average of eight persons per night and which no more than two family-style meals are served per 24-hour period.
BICYCLE. A vehicle propelled solely by human power through a chain, belt or gears and that has at least one wheel more than 14 inches in diameter.
BICYCLE OR WALKING PATH. A separate path that has been designated for use by non-motorized bicycles or pedestrians by traffic control device or other sign and that is separated from the roadway for other vehicular traffic by open space or a barrier.
BOARD OF ADJUSTMENTS. The City Council for the City of Sturgis.
BOARDING, LODGING OR ROOMING HOUSE. Dwelling or part thereof where, for compensation, lodging, meals or both are provided.
BRUSH. Woody shrubs not part of a planned and maintained landscape of either a highly structured manicured type or a natural appearance.
BUILDING. A structure having a roof supported by columns or walls for the shelter, support or enclosure for persons, animals or chattels. A BUILDING may be pre-cut or prefabricated, or it may be made up of mobile modules or sections, factory fabricated and transportable by rail or truck to a building site, and designed to be incorporated into a structure upon a permanent foundation on said site.
BUILDING, ACCESSORY. A structure having a roof supported by columns, posts, poles or walls for the shelter, support or enclosure of animals or chattels, subordinate and customarily incidental to the principal use of a lot, designed and intended or used as an accessory use.
BUILDING CODE. The code in effect adopted by the state and the City of Sturgis.
BUILDING ENVELOPE. The area on any lot on which a structure can be erected consistent with existing setback requirements and is defined by the setback lines applicable to that lot. But no such line shall run closer than five feet from any property boundary, and to the extent required to avoid running closer than five feet to any property boundary, this line may run less than eight feet from the exterior wall of any protected structure.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the proposed finished grade along the front building line to the highest point of the roof surfaces of a flat roof, to the deck line of a Mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof, not including chimneys or other similar structures.
BUILDING INSPECTOR. The individual authorized by the Building Official and the city to conduct inspections and issue permits.
BUILDING AND/OR SETBACK LINE. The setback line beyond which the foundation wall and/or any enclosed porch, vestibule or other enclosed portion of a building shall not project, except as provided in this chapter.
BUILDING, MAIN AND/OR PRINCIPAL. A building which is considered the principal use of the lot on which it is situated. In any residential district, a dwelling shall be deemed a MAIN BUILDING on which it is located.
BUILDING OFFICIAL. The administrator of the building codes adopted by the city.
BUILDING SITE. A single parcel of land under one ownership occupied or intended to be occupied by a building or structure.
BUSINESS. Any profession, trade or occupation and all and every kind of calling, whether or not carried on for profit, except those organizations exempt from the federal income tax pursuant to I.R.C. § 501(c)(3), as amended or renumbered.
BUSINESS, PLACE OF. Any location, building or portion thereof or premises in which or from which a business is carried on. The term includes, but is not limited to, an office, warehouse, yard, location where books and records are kept, the location from which business is solicited.
BUSINESS, PROPER LOCATION. No registration or license shall be issued unless and until the applicant for such license provides the City Clerk with the address of the proposed location from which business will be conducted. The Clerk shall cause inspection of the facilities, and buildings at the location listed shall meet all applicable building and fire codes and zoning restrictions currently in force within the city.
BUSINESS, SERVICE. Any activities conducted for gain which render service primarily to other commercial and industrial enterprises, or which service and repair appliances and machines used in the home or business.
BUSINESS, SERVICE TYPE, HEAVY. A business, which may sell goods at retail, having a substantial portion of its volume devoted to the repair of automotive or other motor driven equipment, machinery or parts, including the fabrication thereof, but not for wholesale trade; and businesses dealing in building materials, woodworking, dry cleaning and the like.
CARE HOME. A rest and/or nursing home, convalescent home or boarding home for the 24-hour care of children or the aged, but excluding the facilities for the care of the “feeble-minded” or mental patients, epileptics, alcoholics or drug addicts.
CHARITABLE AND PHILANTHROPIC INSTITUTIONS. A private, nonprofit body, association or society not organized for the business of conducting a business, no part of its’ net earnings of which inures to the benefit of any individual, and which provides volunteer aid or relief or religious, social, physical, recreational and/or benevolent services.
CHATTEL. Any tangible, movable, personal property whatsoever, including, but not limited to, building materials, household furniture, appliances or motor vehicle parts, but not including duly licensed operable vehicles or recreational vehicles, boats, camper shells or off-the-road vehicles mounted thereon.
CITY. The City of Sturgis or the area within the territorial city limits of the City of Sturgis and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or charter provision or any law.
CITY CLERK OR CITY TREASURER. The Director of Finance and Record.
CITY COUNCIL. The elected officials of the City of Sturgis, South Dakota.
CLEANABLE. Having a smooth, hard surface that is free from unsealed breaks and impervious to the amount of water that would be used in cleaning.
CLINIC. A facility providing daily medical examinations and outpatient care only.
CONDUCT. To engage in, carry on, own, maintain, manage or operate any business, trade, art, profession, calling, employment, occupation or any commercial, industrial or professional pursuit, vocation or enterprise in this city.
CONSTRUCTION PROJECT. The erection, installation, alteration, repair or remodeling of a building or structure upon real estate or any other activity for which a building permit is required under this code or an ordinance of the city.
COVERAGE, LOT. The lot area covered by all structures located therein, including the area covered by roofs.
DAY CARE. A place, home or institute for the daily (not more than 12 hours) care of children or the aged and is licensed by the state to provide said care.
DECK. An open platform, which is either freestanding or attached to a building or upon the roof of a building.
DESIGN CAPACITY. The maximum number of persons permitted by the codes, which can be accommodated at any one time with a reasonable degree of comfort, safety and convenience.
DEVELOPMENT. Any human-made 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.
DISTRICT. Area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and open spaces may be required; lot areas, building height limits and other requirements are established; all of the foregoing being identical for the district in which they apply.
DORMITORY. A building or portion thereof used for sleeping purpose, in connection with a school; college or other institution.
DUMP. A lot, parcel or tract of land, the premises of which are used primarily for disposal; by abandonment, discarding, dumping, reduction, burial, incineration or any other means and for whatever purpose; of garbage, sewage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, offal or dead animals.
DWELLING. Building or portion thereof arranged or designed to provide living facilities for one or more families.
DWELLING, ATTACHED. A building or portion thereof having two or more single-family dwellings attached to each other.
DWELLING, DETACHED. Building arranged or designed as a dwelling and entirely separated from any other building or structure by space on all sides.
DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units, which is owned by an individual or corporation and can be rented for a period of not less than 30 days or otherwise known as an apartment house.
DWELLING, SEMI-DETACHED. One of two buildings, arranged or designed as dwellings, located on abutting lots, separated from each other by a one hour separation wall extending from the basement floor and separated from any other building or structure by space on all sides.
DWELLING, SINGLE-FAMILY. A building, or portion thereof, containing only one dwelling unit and occupied by only one family.
DWELLING, TWO-FAMILY. A building containing only two dwelling units, arranged one above the other or side by side on a single lot.
DWELLING UNIT.
(1) Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the building code, for not more than one family, or congregate residence for ten or less persons.
(2) A building or portion thereof arranged or designed to provide living facilities for not more than one family.
FAMILY. An individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.
FEASIBLE. The ability to construct an improvement on a site from the standpoint of physical capabilities. It does not include economic desirability.
FILLING STATION. A building or lot or part thereof supplying, and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks.
FIREARM. Any handgun, revolver, pistol, rifle, shotgun or other instrument or device capable or intended to be capable of discharging bullets, cartridges or other explosive charges.
FLOOR AREA RATIO. The numerical value obtained by dividing the gross floor area of a building or buildings located on a lot or parcel of land by the total area of the lot or parcel of land.
FOOD. Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FRATERNITY OR SORORITY HOUSE. A building housing the members of a fraternity or sorority group living together under a cooperative arrangement as distinct from boarding or lodging house.
FRONTAGE. All the property on one side of a street between two intersection streets (crossing or terminating) measured along the line of the street, or if the street dead ended, then all the property abutting on one side between an intersecting street and the dead end of the street.
FRONTAGE, BUILDING. The horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall or other circulation area open to the general public and that has either the primary window display of the enterprise or the primary public entrance to the building; in industrial districts, the building side with the primary entrance open to employees is the BUILDING FRONTAGE; where more than one use occupies a building, each such use having a primary window display or a primary public entrance for its exclusive use is considered to have its own BUILDING FRONTAGE, which is the front width of the portion of the building frontage occupied by that use.
FRONTAGE, STREET. The linear frontage of a lot or parcel abutting a private or public street that provides principal access to or visibility of the premises.
GARAGE, PRIVATE. Any garage building or part of a main building used for the storage of vehicles of those persons owning the property or for the storage of those persons occupying the property as their residence. Said building shall not be utilized for the purpose of leasing or renting space for storage of vehicles of those other than the owners or the occupants of the primary use of the property.
GARAGE, PUBLIC. Any garage not described as a private garage, which is available to the public, and which is used for the storage motor vehicles.
GARAGE, REPAIR. A building which contains facilities for the care, servicing and/or repair of motor vehicles.
GARBAGE. Animal or vegetable waste resulting from the preparation, cooking and serving of food or the storage or sale of produce.
GARBAGE CONTAINER. A metal or other non-absorbent container equipped with a tightly fitting metal or non-absorbent lid or sealed plastic garbage bags, but does not include incinerators or ash pits.
GENERAL CIRCULATION. Delivered to a substantial number of residences in the city and also otherwise made available for purchase or distribution.
GRADE, ESTABLISHED. The elevation of the centerline of highways, streets and roads as officially established by the City Council, its authorized agent or any public agency having jurisdiction over such highway, street or road.
GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown in official plans or designs thereto. When walls are parallel to and within five feet of a sidewalk, GRADE means the sidewalk level.
GUEST ROOM. A room occupied or intended, arranged or designed for occupancy by one or more guests.
HEREAFTER. Any time after the effective date of this code.
HERETOFORE. Any time previous to the effective date of this code.
HISTORICAL MONUMENTS AND/OR STRUCTURES. Any antique structure or building existing contemporaneously with and commonly associated with an outstanding event or period of history and any structure or building which the relics and/or mementos of such event or period are housed and preserved.
HOME OCCUPATION. A gainful profession or occupation conducted entirely within a dwelling or accessory building by a member or members of the family residing on the premises and secondary to the principal use of the premises for dwelling purposes and in connection with, no display is used to advertise the business.
HOSPITAL. An institution receiving in-patients and rendering medical, surgical and/or obstetrical care. The term HOSPITAL shall also include sanitariums and sanatoriums, including those wherein feebleminded and mental patients, epileptics, alcoholics and drug addicts are cared for or treated.
HOTEL. A building in which lodging is offered to the public and in which room assignments are made for compensation and in which entrance to and exit from all rooms is made through an inside lobby or office supervised by a person in charge at all times.
HOTEL ROOM, MOTEL ROOM or OTHER ACCOMMODATION. Any room or other accommodation in any hotel, apartment-hotel, motel, guest house, trailer court or any such similar place to any person who for a consideration uses, possesses or has the right to use or possess such room or other accommodation for a total continuous duration of less than one month.
INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines of two streets that join one another at, or approximately at, right angles or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict, whether or not one such street crosses the other, but the term does not include the junction of any alley with a street. If a street includes two roadways 30 feet or more apart, every crossing of each roadway of such divided street by an intersecting street is a separate INTERSECTION. If such intersecting street also includes two roadways 30 feet or more apart, every crossing of such streets is a separate INTERSECTION. The farthest applicable points shall be used when measuring.
JUNK. Accumulation of or storage of material outside of an enclosed building; or used or discarded materials, house furnishings, appliances, machinery, vehicles or parts thereof with or without dismantling, processing, salvage, sale or other use or disposition of same.
JUNKYARD/SALVAGE YARD. Any land or building commercially used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage or salvaging motor or other vehicles not in running condition, machinery or parts thereof.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of a truck.
LAW. Any regulation, ordinance, provision of this code or charter provision of the city; any rule, statute or constitutional provision of the state which is binding; any regulation, statute or constitutional provision of the United States which is binding on the state or its cities.
LICENSE. The written authority of the city issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation or business for a definite period of time within the city, under the conditions prescribed by the ordinances of the city.
LIFE CARE RETIREMENT CENTER. A residential facility containing dwellings designed for and principally occupied by senior citizens or the disabled in a planned retirement community which includes a residential complex, an activity or community center, and a medical or nursing facility which is licensed by the state as an intermediate care facility or a skilled nursing center.
LOT. A parcel of land held under unified ownership in fee or co-tenancy or under legal control tantamount to such ownership, considered as a unit, used or proposed to be used, for a certain use or uses or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having at least the minimum areas required by this chapter for a lot in the district in which the same is situated and having its principal frontage on a public highway, road, street or private road or right-of-way deemed adequate by the public agency having jurisdiction.
LOT, CORNER. A lot of which at least two adjoining sides abut for their full lengths on a street, provided that the interior angle at the intersection of two such sides is less than 135 degrees.
LOT, COVERAGE, PERCENTAGE OF. The permissible percentage of “lot area” which may be covered by buildings, including covered porches and accessory buildings.
LOT, DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two non-intersecting sides abutting on two or more streets.
LOT, FRONT OF. The line or lines of an interior or through lot, which abuts a street; in a corner lot, the shortest line that abuts a street. When the lines are of equal length, the lot shall be considered to front on that street having the longest block frontage.
LOT, INTERIOR. A lot other than a corner lot, including a through lot.
LOT, NET AREA OF. The total horizontal area included in the rear, side and front lot or proposed street lines. No alley, street, public way, private right-of-way, public land or any area proposed for the foregoing purposes shall be included in determining the NET AREA OF THE LOT.
LOT, RECORD. Land designated as separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed filed among the land records in the office of the County Registrar of Deeds.
LOT, THROUGH. An interior lot, fronting on two streets, roads or private ways on street, road or private way and an alley.
LOT, WIDTH OF (MINIMUM AT BUILDING LINE). The least permissible width of a lot, measured horizontally along the front building line.
LOT LINES. The lines bounding a lot, as hereinafter described.
LOT LINE, FRONT. The line running along the front of the lot and separating it from the street. In a through lot, both lines abutting the street shall be deemed FRONT LOT LINES.
LOT LINE, REAR. The line generally opposite or parallel to the front lot line, except in a through lot. If the REAR LOT LINE is less than ten feet long or the lot is pointed at the rear, the REAR LOT LINE is assumed to be a line at least ten feet long lying wholly within the lot, parallel to the front lot line or if the front lot line is curved, parallel to the chord of the arc of said front lot line.
LOT LINE, SIDE. Any lot line other than a front lot line or a rear lot line.
MINIMUM FLOOR ELEVATION. The lowest elevation permissible for the construction or other placement of any floor, including a basement floor.
MIXED USE. A building, structure or premises occupied by or used by two or more principal types of use, any of which is permitted in a district independent of other uses.
MOBILE OR MANUFACTURED HOME. A structure, transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The chassis consists of the undercarriage, wheel assembly and towing hitch assembly. The floor joists are structural members of the chassis. Two or more longitudinal I-beams complete the chassis/floor system.
MOBILE HOME PARK. Any or tract of land designed, used or intended to provide a location or accommodation for one or more mobile homes and upon which any mobile home or homes are parked or located, whether or not the lot or tract or any part thereof is held or operated for profit, but the term excludes automobile or mobile homes sales lots on which mobile homes are parked only for inspection and sale.
MOBILE HOME SKIRTING. A solid boarder constructed around the perimeter of a mobile home from the bottom of the mobile home to the finished grade.
MOBILE HOME SPACE. A plot of ground within a mobile home park designed for the accommodation of one mobile home and its accessory structures.
MOBILE HOME SUBDIVISION. Any area, tract or site or plot of land subdivided for the purposes of individual ownership of separate lots, on which any number of lots or mobile homes may be provided for, including accessory uses.
MODULAR HOME. Any conventionally manufactured dwelling unit that is constructed in two or more main sections and transported to and permanently assembled on a foundation at the site. The chassis or frame for which the sections are transported, shall not be in part or whole required for the structural integrity of the building. Said frame, trailer or chassis shall be removed prior to placement of the structure on a permanent foundation.
MOTEL, MOTOR COURT, MOTOR HOTEL, MOTOR LODGE. A building in which lodging and boarding are offered to the public for compensation, and which has separate entrance to the exterior from each unit with at least one parking space for each unit.
MOTOR VEHICLE. All land vehicles propelled or drawn by other than muscular power.
NEIGHBORHOOD SHOPPING CENTER. A building containing three or more tenant spaces of retail, personal service or restaurant use sharing off-street parking in the open between the building and the street. NEIGHBORHOOD SHOPPING CENTERS do not exceed 60,000 square feet of gross floor area. Multi-tenant retail, personal service or restaurant use buildings or building complexes without parking, with enclosed parking or with parking screened from the street by the building, shall not be a NEIGHBORHOOD SHOPPING CENTER.
NEWSPAPER. A publication, having been in existence for at least six months, regularly printed and distributed no less than once a week, that contains news, opinions, advertisements and other items of general interest.
NONCONFORMING USE. A building, structure or use of land existing at time of enactment of this chapter and which does not conform to regulations of the zoning district in which it is located.
NOTICE or LEGAL NOTICE. Any requirement for informing a person or persons, a segment of the public or the public generally. A NOTICE required to be published may be published in any newspaper of general circulation unless otherwise required by the charter, this code or an ordinance.
NOXIOUS MATTER/HAZARDOUS MATERIAL. Material (in gaseous, liquid, solid, particulate or any other form) which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the social, economic or psychological well-being of individuals.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks, or areola or nipple of the female breast with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
NURSING HOME. A residential health care facility which provides institutional lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm or convalescent patients who are not related to the owner or administrator of the facility.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow or water might carry the same downstream to the damage of life or property.
OCCUPANT. Any person living in, sleeping, possessing or otherwise using any land, building or part thereof.
OPEN SPACE. The area of a lot, tract or parcel not devoted to any building, structure, accessory use, roadway or parking facility.
OPEN SPACE, USABLE. Open space within a lot, tract, parcel or development site, excluding areas devoted to roadways and parking. At least one-half of all areas designated as usable OPEN SPACE must have a slope of less than 10%.
OWNER. A person as defined by this code, who, alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property in question.
PARKING LOT. An off-street facility, including parking spaces along with adequate provisions for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for the parking of more than six motor vehicles or trailers.
PARKING SPACE. An off-street space available for the parking of one motor vehicle and having not less than a ten-foot width and 20-foot depth (200 square feet) exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having access to a street or alley.
PASSIVE PARK. A plot of land that is landscaped, maintained as open space, serves a neighborhood and is used as an informal gathering place for relaxation and play. Permitted improvements include walking paths and sitting areas with bench and chairs only.
PERSON. A natural person, corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It also includes an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word PERSON is used in any provision of this code prescribing a penalty or fine as to partnership or associations, the word includes the partners or members thereof, and as to corporations, includes the officers, agents or members thereof who are responsible for any violation of such section.
PLAT. A map, generally of a subdivision, showing the location, boundaries and ownership changes of lot divisions. To PLAT means to subdivide.
PLOT PLAN. A diagram of a lot, as seen from above, showing the outline of all structures on the lot and indicating the distance of the structures from the borders of the lot.
PRIMARY, PRIMARILY, PRINCIPAL or PRINCIPALLY. More than half, if used in a quantifiable context, and first in rank, importance or value, if used in a context where ranking is possible but quantification is not.
PRINCIPAL USE. The specific primary purpose for which land or a building is utilized.
PROPERTY. Real, tangible and intangible personal property.
PROXIMATE CAUSE. That which, in natural and continuous sequence, unbroken by an efficient, intervening cause, produced the result complained of and without which the result would not have occurred.
PUBLIC AUTHORITY. The City of Sturgis, State of South Dakota or the United States, any of their agencies or instrumentality, and any body or official thereof possessing power or authority delegated by the public authority.
PUBLIC RIGHT-OF-WAY. The entire area between property boundaries which is: owned by a government, dedicated to public use or impressed with an easement for public use; primarily used for pedestrian or vehicular travel; and publicly maintained, in whole or in part, for such use. RIGHT-OF-WAY includes, without limitation, the public street, shoulder, gutter, curb, sidewalk, sidewalk area, parking or parking strip and any other public way.
PUBLIC USES. Public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm, corporation, municipal department or board duly authorized to furnish, and furnishing under state or municipal regulations, to the public electricity, gas, steam, communication, telegraph, transportation or water.
PUBLIC WAY. Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
QUARRY. A lot or parcel or portion thereof used for the purpose of extracting stone, sand, minerals, gravel or top soil for sale as an industrial operation and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
RECREATIONAL FACILITIES. Country clubs, riding stables, golf courses, amusement rides and any other recreational facilities or centers public or private.
RECREATIONAL VEHICLE. Any vehicle or structure capable of being mounted on, attached to or towed with a hitch by a conventional motor vehicle and for which no special road travel permit is required and having a body width not exceeding eight feet exclusive of appendages (door knobs, handles, window or door sills, vents and the like, and including travel trailers, camping trailers, fifth-wheel trailers, pickup campers, motor-homes and intended for temporary or transient living and/or sleeping quarters.
REGULATORY FLOOD. A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The REGULATORY FLOOD generally has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.
RETAIL CLUSTER SHOPPING CENTER. A shopping center containing less than 60,000 square feet of gross floor area, but without common open parking between the building and the street.
RUBBISH. Includes paper, boxes and cartons, all household wastes other than garbage, grass clippings, tree leaves, waste building materials or similar materials not regulated by the Environmental Protection Agency.
SADOMASOCHISTIC ABUSE. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SANITARY SEWER. A municipal or community sewage disposal system or a type approved by the State Department of Environment and Natural Resources.
SCHOOL, PRIVATE. An institution of learning that is not tax supported, including colleges and universities.
SCHOOL, PUBLIC. A tax-supported institution of learning, including colleges and universities.
SETBACK. The distance required in these regulations between the property line of the frontage road and the front building line.
SEWERAGE, PRIVATE. An on-site method of sewage treatment, designed, installed operated and maintained by the owner of the premises in accordance with the requirements and standards of the Department of Environment and Natural Resources
SEWERAGE, PUBLIC. A sanitary system owned, operated and maintained by a public agency, whereby waterborne wastes from sanitary facilities in dwellings, accessory buildings, business or industrial establishments or any combination thereof are conducted through pipes to a sewage treatment plant and disposal system approved by the Department of Environment and Natural Resources as to design and construction and operated and maintained in accordance with the standards and requirements of said Department.
SEXUAL CONDUCT. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals, pubic area, buttocks or, if such person be a female, her breast.
SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SIDEWALK. A slab of concrete utilized for pedestrian foot traffic, which is located within the public right-of-way and is a minimum of four feet in width.
SIDEWALK AREA. The area between the curb of a street and the adjacent property lines.
SITE PLAN. A plan drawn to scale showing uses and structures proposed for a parcel of land as required by the applicable regulations. It includes lot lines, streets, building sites, reserved open space and other specific development proposals, similar to a plot plan.
SPOT ZONING. The singling out of a lot or a small area for a zoning change which is out of harmony with the comprehensive plan and surrounding land to secure special benefits for a particular property owner without regard for the rights of adjacent landowners.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above. Except that the topmost STORY shall be that portion of a building included between the uppers surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade, as defined herein, for more than 50% of the total perimeter or is more than 12 feet above the grade, as defined herein, at any point, such usable or unused under-floor space shall be considered as a STORY.
STORY, FIRST. The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a FIRST STORY, provided such floor level is not more than four feet below grade, as defined herein, for more than 50% of the total perimeter or not more than eight feet below grade, as defined herein, at any point.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET, CENTERLINE OF. A line established as a centerline of a street by the City Council, or any state, county or other official or public agency having jurisdiction thereof and shown as such on an officially adopted or legally recorded map, or if there be no centerline established or if there exists conflict among several maps, the CENTERLINE OF A STREET shall be line lying midway between the street right-of-way lines thereof. When the street lines are indeterminate and pavement or a well-defined traveled way exists, the centerline is assumed to be a line midway between the edges of such pavement or traveled way.
STREET, PRIVATE. A thoroughfare which affords the principal means of access to abutting property.
STREET, PROPOSED. Any proposed right-of-way or proposed widening or extension of any street or public right-of-way, including a private street.
STREET, PUBLIC. Any existing public or dedicated right-of-way 30 feet or more in width, approved and accepted by the City Council, or a private street deemed adequate for access purposes but not accepted by the city for public maintenance.
STREET GRADE. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other street upon lots abuts, at the midpoint of the frontage of the lot thereon. If there is no official established grade, the existing grade of the street at such midpoint shall be taken as the STREET GRADE.
STREET INTERSECTION. Any street which joins another street at an angle, whether or not it crosses the other.
STREET LINE. A line defining the edge of an existing street right-of-way and separating it from abutting property, or the edge of a new street right-of-way or proposed widening or extension of an existing street on a plan adopted by the City Council or any other official or public agency having jurisdiction.
STRUCTURE. Anything constructed or erected between the ground and sky, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground.
SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development for residential, industrial, commercial or other use.
SUPPLEMENTAL DISTRICT. A zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as historic preservation or unit development while maintaining the character and purposes of the general use district area over which it is superimposed.
TEMPORARY HOUSING. Any mobile home, tent, camper or other structure used for human shelter that is designed to be transportable and is not connected to another structure, or to any utilities system.
TEMPORARY OUTSIDE DISPLAYS AND SALES. The display or sale of goods or merchandise not in or from an enclosed permanent building to be conducted for no more than 24 days at a single location one time in a calendar year.
TEMPORARY STRUCTURE. Any structure, building or edifice which is not placed on a foundation and is utilized for a period of less than 30 days.
TENT and TENT ACTIVITIES. Any canopy, temporary structure, enclosure or shelter constructed of fabric or pliable material. TENTS, canopies and temporary membrane structures shall not be used for a period of more than 30 days at a single location.
TRANSIENT MERCHANT. Any person whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling, or delivering goods, services, wares and merchandise, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, shops or any streets, alleys or other places for the exhibition and sale of such goods, wares and merchandise, privately; provided, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery. The term TRANSIENT MERCHANT shall include the terms ITINERANT MERCHANT and ITINERANT VENDOR.
TRANSFER OF DEVELOPMENT RIGHTS (TDR). The removal of the right to develop or build on land in one area and the transfer of that right to another area or district where such transfer is permitted.
USE. The principal purpose, by right for which a lot and/or the main building thereon is designed, arranged or intended and for which it may be used, occupied or maintained.
USE, ACCESSORY. A subordinate use which is incidental to and customarily found in connection with the principal use, and located on the same lot with the principal building or use. An ACCESSORY USE shall not exceed one-fourth of the use or area of the main business or building.
USE, CONDITIONAL. The use of land not the principal use and not in conformity with the regulations for the district in which the use in proposed, due to the specific nature and unique characteristics of the use, requires special standards and discretionary review to ensure conformance with the purpose of the zoning regulations.
USE, NONCONFORMING. A use, a building, structure, parking lot use, sign or portion thereof which was lawfully established but which, due to the application of this chapter, no longer conforms to the regulations of the zone in which it is located, as defined in this chapter.
USE, PERMITTED. A use which is listed as permitted by right in a zoning district. Non-specified uses which are similar to those specified are also permitted, by right, except as otherwise restricted within this chapter.
UTILITIES. Municipal, franchised and contracted utilities.
UTILITY LOT. Any platted lot used exclusively for the placement of utilities, public works, wells, water storage, sewer systems, telecommunications stations, electrical substations, high-pressured gas stations and any other utility services approved by the City Council. Such lots are only intended to be improved with the utility and any structures needed in conjunction with the utility.
VARIANCE. A relaxation of a restriction of the code, granted by the Board of Adjustment, where by reason of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional situation, condition or circumstance of a particular property, the literal enforcement of the code restriction, would result in unnecessary hardship, or when the relaxation of a restriction of the code, granted by the Board of Adjustment shall provide a quantifiable benefit to the city and the surrounding neighborhood of the parcel.
VESTED RIGHT. A right which has been legally established and cannot be revoked by subsequent conditions or changes in law without due process of law. There is no vested right to an existing zoning designation.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
WAYSIDE STAND. A structure designed, arranged or used for the display or sale of agricultural products grown or produced only on the premises upon which such stand is located.
YARD. Open space, located on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, unoccupied and unobstructed from the ground upward.
YARD, FRONT. Yard, extending across the full width of a lot, between the front lot line (or the proposed front street line if such line falls within the lot) and the nearest line of the building or the enclosed portion thereof. The depth of the yard is the shortest horizontal distance between the existing front lot line or proposed front street line and the nearest point of the building or enclosed portion thereof.
YARD, REAR. Yard, extending across the full width of the lot between the rear lot line and the nearest line of the building, porch or projection thereof. The depth of the REAR YARD is the shortest horizontal distance between the rear lot line or proposed front street line and the nearest point of the building, porch or enclosed portion thereof. When the rear lot line is less than ten feet long or when the lot is pointed at the rear, the depth of the REAR YARD is measured to an assumed rear lot line, as defined under LOT LINE, REAR.
YARD, SIDE. Yard, between the side lot line (or proposed side street line, if such line falls within the lot) and the nearest line of the building, porch or projection thereof, extending from the front yard to the rear yard, or if in the absence of either such yards, to the front lot line and the rear lot line. The width of the SIDE YARD is the shortest distance between the side lot line and the nearest point of the building, porch or projection.
ZERO LOT LINE. A development form in which a building is sited on one or more lot lines with no yard, or zero setback. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot.
ZONING CERTIFICATE. A written statement issued by the Building Official authorizing buildings, structures and uses thereof and the use of land or the changes in use in accordance with the provisions of this chapter and for the purpose of carrying out and enforcing its provisions.
ZONING MAP. The zoning map for the City of Sturgis, Meade County, South Dakota as on file at the City Finance Office, initially dated January 2001, including sections or portions thereof, adopted as part of this chapter, together with all amendments, modifications and changes thereto subsequently adopted.
(Prior Code, Title 18, Art. II) (Ord. 2013-13, passed 10-16-2013; Ord. 2013-20, passed 12-4-2013; Ord. 2016-13, passed 1-25-2017)