17.0101 This Ordinance may be known and may be cited and referred to as "The Zoning Ordinance of Spink County, South Dakota," to the same effect as if the full titles were stated.
TITLE 17.02 DEFINITIONS
Chapter 17.02 Definitions
17.0201 General. For the purpose of this Ordinance, unless otherwise stated, words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word shall is mandatory, not discretionary; the word may is permissive; the word person includes a firm, association, organization, partnership, trust, company or corporation, as well as, an individual; the word lot includes the word plat or parcel; and the words used or occupied include the words intended, designed, or arranged to be used or occupied.
17.0202 For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows:
Abandoned or Existing Farm Site. Must be a site that includes at least three of the following four criteria:
Contains an existing shelterbelt on at least two (2) sides;
Contains a usable well;
Presently contains outbuildings; and
4. Has an existing approach onto a public road or highway.
Accessory Use or Structure. A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principle use or structure. Examples are:
Is customary and clearly incidental to the principal building or principal use;
Serves exclusively the principal building or principal use;
Is subordinate in area, extent or purpose to the principal building or principal use served;
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
Acre(s), Gross, the Total Acreage of. (1) A sub-division; (2) a contiguous zoning district; or (3) a planned development. Computations shall include all public right-of-ways except: (1) boundary streets of which only one-half of the right-of-way shall be used in any computation; and (2) publicly-owned land used for community facilities such as parks, schools, libraries, etc.
Acre(s) Net. Same as Gross Acres but excluding all public right-of-ways and publicly-owned land utilized for community facilities.
Automobile, Abandoned. Any motor vehicle, or portion thereof, which when operated on a public roadway is required to be registered by the State of South Dakota, whose registration has been expired for a period of one (1) month or more. Notwithstanding the foregoing definition, a motor vehicle or portion thereof stored within a permitted building or structure shall not be considered to be an abandoned automobile.
Automobile Service Station. Building and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:
Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
Tire servicing and repair, but not recapping or re-grooving:
Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearing, mirrors, and the like;
Radiator cleaning and flushing; washing and polishing, sale of automotive washing and polishing materials;
10. Minor motor adjustments not involving removal of the head or crankcase or racing the motor:
11. Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for automobile service station customers, as accessory and incidental to principle operation;
12. Provision of road maps and other informational material to customers; and
13. Provision of restroom facilities.
Uses permissible at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than formally found in automobile service stations. An automobile service station is neither a repair garage nor a body shop.
Base Flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year.
Basement. Any floor below the first story of a building unless construed to be a story as defined therein.
Billboard. See Sign, Off-Site.
Boarding House. Any dwelling which provides sleeping and/or cooking and/or eating facilities for more than three (3) units but less than ten (10) unrelated individuals. A rooming house or furnished rooming house shall be deemed to be a boarding house. Sleeping rooms shall not be used for more than two (2) persons per room. Such dwellings shall not be open to transients.
Building Area. The portion of a lot remaining after required yards has been provided.
Building. The word building includes the word structure and is a structure, which is entirely separate from any other structure by space or by walls in which there are no communicating doors or windows or similar openings. A principle building, including covered porches and paved patios, is a building in which is conducted the principle use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principle building on the lot on which the same is situated.
Commission. The Spink County Planning and Zoning Board.
Concentrated Animal Feeding Operation (CAFO). A large animal feeding operation that is subject to the terms and conditions of the SDG-010000 permit. In the case of swine, it is subject to the terms and conditions of the SDG-0440000 permit.
Conditional use. Use of property in a zone for a particular purpose that is allowed under conditions set forth in the zoning ordinance. Also see special exception.
County Board. The Spink County Board of Commissioners.
Density. Pertaining to the number of dwelling units per net acre or gross acre, as indicated for the appropriate zoning district. Residential District density shall not be exceeded for new subdivisions nor exceeded for re-subdivision of existing platted land.
Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation, or drilling operations located within the area of special flood hazard.
Drive-in Restaurants or Refreshment Stands. Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
Dwelling, Mobile Home. See Mobile Home.
Dwelling, Multiple Family. A residential building designed for or occupied by two (2) or more families living independently of each other and doing own cooking in said building. The number of families in residence not to exceed the number of dwelling units provided.
Dwelling, Single Family. A detached residential dwelling unit other than a mobile home designed for and occupied by one (1) family.
Efficiency Unit. A dwelling unit having only one (1) room exclusive of bathroom, water closet compartments, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining alcove. An efficiency unit shall be permitted in a multi-family dwelling.
Employee(s). In regard to off-street parking requirements, employees mean all that work in the enterprise including owners.
Family. An individual or two or more persons, related by blood or marriage, living together as a single-housekeeping unit in a dwelling unit, in each instance with no more than two non-related people being housed in the same dwelling unit, but provided further that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. The word family shall not include groups occupying nursing homes, group houses, fraternity houses, sorority houses, dormitories, and barracks; however, a portion of a building in this category may consist of one or more dwelling units occupied by a family or families.
Farm. A tract of land together with fields, buildings, farm implements, animals, and personnel for the intended purpose of producing crops of which livestock feeding may be a part of.
Farm Unit. All buildings and structures needed in agricultural operation, including dwellings for owners, operators, farm laborers employed on the farm and other family members.
Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM). The official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without accumulatively increasing the water surface.
Floor Area. The sum of all gross horizontal area of the several floors of a building and its accessory buildings on the same lot excluding basement floor areas and non-enclosed portions of the structure. All dimensions shall be measured between exterior faces of walls.
Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." Basements and crawl spaces are not to be considered habitable floor space.
In the case of lake front property, if no more than fifty (50%) percent of the foundation is covered or surrounded by dirt, it may constitute habitable floor.
High Water Mark. Point one (1) foot above where permanent vegetation begins.
Home Occupation. An occupation conducted on the premises provided that:
The use of the dwelling unit for home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than thirty (30%) percent of the floor area of the dwelling shall be used in the conduct of the home occupation.
Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses of the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.
No more than one other person, in addition to members of the family residing on the premises shall be engaged in such occupation.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated and mounted flat against the wall of the principle building.
Any accessory buildings located on the same legal description as the home may be used as a home occupation provided the above apply. (6-25-08 effective)
Improved Road. Roads with at least a gravel base and utilized regularly by more than one (1) household.
Junkyards. A junkyard is a place where unrecyclable waste having no economic value, or waste, which is recyclable but has no chance of being recycled, is deposited.
Kennels. Any lot, structure, or premise where four (4) or more dogs and/or ten (10) or more cats four (4) months of age are kept.
Loading Space, Off-Street. Adequate space, logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used such as trucks, tractors, trailers, etc., and accessible to such vehicles at all times. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one main building together with its accessory buildings and open spaces and parking spaces required by this Ordinance, an having its principle frontage upon a street.
Lot Depth. The mean horizontal distance between the front lot line and rear lot line of a zoning lot. In the case of a corner lot, the lot depth is the greater of the mean horizontal distances between the front lot lines and respective side lot opposite each.
Lot Frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under as defined herein.
Lot of Record. A lot or parcel of land that has access to a street, the deed of which has been recorded in the Office of the County Register of Deeds prior to the adoption of this revised Ordinance and may be used for the uses in the district in which it is located except as hereinafter specified.
Lot Types. Any lot within the jurisdiction of this Ordinance shall be one of the following types: (also see Appendix F)
Corner Lot. A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
Interior Lot. An interior lot is defined as a lot other than a corner lot with only one frontage on a street.
Through Lot/Double Frontage Lot. A through lot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
Lot width. The mean horizontal distance between side lot lines measured at right angles to the lot depth.
Mobile Home. Any occupied vehicle used or so considered as to permit it being used as a conveyance on the public streets or highways and duly licensed as such, and shall include self-propelled or non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons. Nothing in this definition shall be construed so as to include prefabricated, precut residences or those manufactured in sections or parts away from the site and transported thereto for erection, provided that when completely erected, said prefabricated, precut, or manufactured residences shall be on a permanent foundation and in all respects comply with the Uniform Building Code, 1967 Edition and Amendments thereto, recommended by the International Conference of Building Officials.
Mobile Home Park. Any premises where two or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public parking space for two or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended wholly or in part for the accommodation of automobile transients.
Nonconforming Use. Any building or land lawfully occupied by use at the time of passage of this Ordinance, which does not conform after passage of this Ordinance.
Parking Space, Off-Street. For the purposes of this Ordinance, an off-street parking space should consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
Required off-street parking areas for three (3) or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, so that any automobile may be parked and un-parked without moving another.
For purposes of rough computation, off-street parking space and necessary access and maneuvering room may be estimated at three hundred (300) square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city.
Performance Standards. It is a criterion established for the purposes of:
1. Assigning proposed industrial uses to proper districts; and
2. Making judgments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land or buildings.
Planned Development. A means of developing or redeveloping existing larger parcels or combinations of smaller parcels of land within the jurisdiction of this Ordinance, by allowing more flexibility in design to produce a more aesthetic and/or efficient environment, and which through safeguards incorporated elsewhere in this Ordinance will assure that any such planned development will be in harmony and compatible with the intent of this Ordinance and the appropriate zoning district of this Ordinance.
More specifically, a planned development is land which is under:
Single ownership; or
Unified control, and wherein such land is to be utilized for ultimate use by:
Single ownership, or
unified control, or
Separate ownership and unified control, or
Separate ownership without unified control and whereon such land is designed for use as one building or a group of buildings, and whereon such land there may or may not be provisions for multiple purpose uses.
Any such planned development shall be compatible to the Comprehensive Plan for Spink County, South Dakota. Provided further, if the proposed development is only for a portion of the contiguous landholdings of the applicant(s), then a simple, schematic plan showing anticipated uses and densities shall be submitted with application for any planned development.
Principal Use. The primary or predominant use of any lot.
Public Utility Substation. An area where facilities are provided for the distribution of telephone, radio, communications, water, gas, and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions, which will assure their harmony, especially aesthetically, with the nature of the respective district.
Recreational Vehicles (RV). A vehicular, portable structure built on a chassis, self-propelled or non-self-propelled, designed to be used as a temporary dwelling for travel and/or recreational purposes having a body width not exceeding eight (8) feet.
Right-of-Way. Right-of-way shall be defined as the area that intersects a road that extends into a piece of property, whether residential, commercial, or industrial, owned by a private resident, city, county, state, business, or corporation, that can be accessed by individuals, businesses, city, county, and state personnel to conduct road or utility work.
The setback on roads shall be measured from the center of the road extending out directly on one side of the road. A building or other structure shall not be placed or constructed within the setback area. Refer to county road maps for appropriate road setbacks.
A building or other structure may only be placed or constructed after seventy-five (75) feet from where the road right-of-way ends.
Salvage Yards. The use of more than seven hundred fifty (750) square feet of open storage on any lot, portion of a lot, or tract of land for the sale, storage, keeping, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.
Setback/Setback Line. That line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be erected or placed. Unless otherwise noted differently under each district, the setback shall be the following:
Small Towns Front: 20 ft from lot line
(Included: Side: 7 ft
Rural Platted Rear: 20 ft
Agricultural Front: 75 ft from road right-of-way
Side: 20 ft
Rear: 20 ft
Lake: Front/Road: 15 ft
Side: 7 ft
Back/Lake: 30 feet or average setback in alignment with the adjoining property main structure from the normal high watermark. Boathouses, piers, & docks are exempted.
Commercial: Buildings located on lots adjacent to a Residential District shall conform on the adjacent side with the Residential side yard requirement.
Commercial: Front: 75 ft from lot line
Side: 25 ft
Rear: 25 ft
Industrial: Front: 75 ft
Side: 25 ft
Rear: 25 ft
Shelterbelts/Fieldbelts. A strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreation areas, and wildlife. Shade and ornamental trees are not considered as shelterbelts.
Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:
1. Signs not exceeding one (1) square foot in area bearing only property numbers, post office box numbers, names of occupants of premises, or other identification or premise not having commercial connotations;
2. Flags and insignias of any government. Except when displayed in connection with commercial promotion;
3. Legal notices, identification, informational, or directional signs erected or required by governmental bodies;
4. Integral decorative or architectural feature of buildings, except letters, trademarks, moving parts, or moving lights; and
5. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
Sign, Off-Site. A sign other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards, regardless of size.
Sign, On-Site, Exterior. An exterior sign relating to its subject to the premises on which it is located, or to products, accommodations, services, or activities on the premises. Exterior, on-site signs do not include signs erected by outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards, which are off-site signs.
Sign, On-Site, Interior. A sign on the interior of a structure relating its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. As long as any such sign is not normally viewable from the exterior of the premises, it shall not be regulated by this Ordinance.
Special Exception. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to the number, area, location or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special exceptions, if specific provisions for such special exception is made in this ordinance.
Street Line. The lot line abutting right-of-way 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 including buildings, mobile homes, walls, signs, and billboards.
Truck or Equipment Terminal. Any lot, structure or premises used for the parking or storage of capital equipment such as trucks, trailers, or other like equipment, over 3/4 ton capacity.
Utility Substation. See Public Utility Substation.
Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this 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 non-conformities in the zoning district. This is NOT to be confused with a special exception.
Yard. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the grade of the lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
Yard Front. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches and no hedge or other vegetation shall be permitted which materially impedes vision across such yard up to ten (10) feet. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute, therefore, a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
Yard, Corner Lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
In the case of corner lots with more than two (2) frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:
At least one front yard shall be provided having the full depth required generally in the district; and
No other front yard on such lot shall have less than half the full depth required generally.
Depth of required front yards shall be measured at right angles to a straight line joining the fore most points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel.
Yard, Side. A yard extending from the rear line of the required front yard to the rear lot line, or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street.
In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yard remaining after full and half depth front yards have been established shall be considered side yards.
Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line.
Yard, Rear. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the rear lot line.
Yard, Special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed to perform like functions as a side yard, but next to a lot line so located or oriented that neither the term side yard nor the term rear yard clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be placed to the adjoining lot(s), with due consideration to the orientation and placement of structures and buildable areas thereon.
TITLE 17.03 JURISDICTION
Chapter 17.03 Jurisdiction
17.0301 Jurisdiction. The provisions of this Ordinance shall apply within the unincorporated areas of Spink County excluding area inside the city limits of Redfield; also including the incorporated areas of Ashton, Brentford, Conde, Doland, Frankfort, Hitchcock, Mellette, Northville, Tulare, and Turton, South Dakota, as well as the unincorporated town of Athol, South Dakota, as established on the map entitled "The Official Zoning Map of Spink County, South Dakota."
17.0302 Provisions of This Ordinance Declared to be Minimum Requirements. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions require a greater width or size of yards, courts, or other spaces, or require a lower height of building or less number of stories or require a greater percentage of lot to be left unoccupied, or impose other higher standards that are required, in any other ordinance, the provisions of this Ordinance shall govern. Wherever the provisions of any other ordinance require a greater percentage of lot to be left unoccupied, or impose other higher standards that are required by the provisions of this Ordinance, the provisions of such ordinance shall govern.