Article 9 – Definitions

ARTICLE 9

DEFINITIONS

 

Section 901.  General Terms.

 

For the purpose of this ordinance, certain terms and words are hereby defined as follows:

 

1.      Accessory.  As applied to use or structure, means customarily subordinate or incidental to that of the main building or to the main use of the premises, and located on the same lot with such use or structure.

 

2.      Agricultural Activities.  The use of land for agricultural purposes including farming, dairying, raising, breeding, or management of livestock, poultry, or honey bees, truck gardening, forestry, horticulture, floriculture, viticulture, and the necessary accessory uses for packaging, treating or storing the produce providing that the operation of any such accessory use shall be secondary to the normal agricultural activities.  This definition shall not include intensive agricultural activities such as feedlot operations and agribusiness activities.

 

3.      Animal Kennel.  Any premise, or portion thereof, where dogs, cats, and other household pets are maintained, boarded, bred, or cared for, in return for renumeration, or are kept for the purpose of sale.

 

4.      Board of Adjustment.  Appointed official body of the City or County which makes decisions regarding conditional uses and variances to the zoning regulations and hears appeals of Zoning administrator decisions.

 

5.      Comprehensive Plan.  A document guiding future development of land in a given area.  Established as an official land use control in South Dakota Codified Law, Title 11.

 

6.      Conditional Use.  A use that would not be appropriate generally, or without restriction throughout the zoning district, but which if controlled, would promote the public health, safety, and welfare. A use which must conform to the restrictions and conditions established by ordinance and a conditional use permit.

 

7.      Dwelling, Single-Family.  A detached residential building, other than a manufactured home, containing one (1) household unit.

 

8.      Dwelling, Manufactured Home.  A detached residential dwelling unit at least eight (8) feet wide and thirty-two (32) feet long, built on a permanent chassis and designed for transportation after fabrication, on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like.  Nothing in this definition shall be construed so as to include pre-fabricated, pre-cut residences or those manufactured in sections away from the site for erection, provided that when completely erected, the prefabricated, pre-cut manufactured residence is on a  permanent foundation, and in all respects comply with a construction code other than the Federal Manufactured Housing construction and Safety Standards Code.

 

9.      Dwelling, Two-Family.  A detached residential building containing two household units.

 

10.  Dwelling, Multiple-Family.  A residential building containing three or more household units including apartments, condominiums, and town houses.

 

11.  Feed Lot, Commercial.  A commercial feet lot is a place where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feed lot is a part.

 

12.  Junkyard.  The use of any land, building or structure where waste, junk, discarded or salvaged materials are bought, sold, exchanged, baled or packed, store, disassembled or handled, including dismantling or wrecking of automobiles or other vehicles or machinery.

 

13.  Livestock.  The term specifically includes, but is not limited to, any hooved animals, such as goats, sheep, pigs, cows, or horses, regardless of the animal’s size or purpose.  The term also includes animals traditionally used or raised on a farm. (Added Ordinance 2010-4  effective 12/8/10)

 

14.  Lot.  A tract, plot, outlot, or portion of a subdivision or other parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as herein required.

 

1.      Lot, corner.  A lot abutting upon two or more streets at their intersection.

 

2.      Lot, interior.  A lot other than a corner lot with only one frontage on a street.

 

3.      Lot, double frontage.  A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

 

15.  Lot Depth.  The horizontal distance between the midpoint of the front and rear lot lines.

 

16.  Lot of Record.  A lot or parcel of land, the deed of which has been recorded in the office of the McCook County Register of Deeds prior to the adoption of this ordinance.

 

17.   Nonconforming Use.  Any building or land lawfully occupied by a use at the time or passage of this ordinance or amendment which does not conform with the use regulation of the district in which it is located.

 

18.  Parking Space, Off-Street.  An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

 

19.  Planning Commission.  Appointed official body of the City or County which recommends to the City Council or County Commission regarding planning, zoning, and subdivision issues.

 

20.  Stable.  Any premise or part thereon where horses or any equine animals are maintained, boarded, bred, trained or cared for in return for remuneration, or are kept for the purpose of sale.

 

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

 

22.  Subdivision.  Any land, vacant or improved, divided into two or more lots, tracts, or parcels for the purpose of sale or development, whether immediate or future.

 

23.  Variance.  A variance is a relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

 

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

 

24.  Yard.  An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance.

 

1.  Yard, Front.  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.

 

2.  Yard, Rear.  A yard extending the full width of the lot between a main building and the rear lot   line.

 

1.    Yard, Side. 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.

 

25.  Zoning Administrator.  The appointed City or County official charged with administering zoning and subdivision regulations.