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Winner Zoning Ordinance
Ordinance # 737
Adopted March 4, 2002
Prepared by: Planning & Development District III
Table of Contents
City Officials...................................................................................................................... Page III Adoption Procedures and Required Documentation...................... ............................ Page IV Affidavit of Planning Commission Public Hearing Notice............................ ......................... Page V Minutes of Planning Commission Hearing.............................................................................. Page VI City Council Minutes Acknowledging Receipt of Planning Commission’s Proposed Zoning Ordinance......................................................................................................................................... Page VII Affidavit of City Council Public Hearing Notice.................................................................. Page VIII Public Hearing Minutes of First Reading of Ordinance........................................................ Page IX Minutes of Second Reading of Ordinance with Resolution of Adoption............................... Page X Planning Commission Summary with City Attorney Approval.............................................. Page XI Affidavit of Publication of Notice of Adoption.................................................................... Page XII District Lot Requirements................................................................................................... Page XIII Official Zoning Map........................................................................................................... Page XIV
CHAPTER 1
DEFINITIONS
Definitions
For purposes of this ordinance, certain terms are defined as follows:
Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory and not directory. The word “may” is permissive. The word “person” includes an individual, all partnerships, associations, and bodies political and corporate. The word “lot” includes the word “plot” or “parcel” or “tract”. 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”.
Abut - Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
Accessory Building - A subordinate building, the use of which is purely incidental to the main building, is less than one hundred (100) percent of the area of the largest floor of the principal building, and is unattached from the principal building at least six (6) feet.
Accessory Use - A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal uses.
Actual Construction - The placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially commenced, preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
Addition - Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room.
Agriculture - The tilling of the soil, the raising of crops, horticulture and gardening, but not including keeping or raising of large domesticated animals, similar animals or fowl, except household pets, and not including any agricultural product processing facility or similar uses.
Agriculture (County) - The planting, cultivating, harvesting and storage of grains, hay or plants, fruits, or vineyards along with the raising and feeding of livestock and/or poultry shall be considered an agricultural use if:
An animal feeding operation primarily for the growing and/or finishing of livestock is not considered an agricultural use. Grain elevators or Agricultural Product Processing Facilities shall not be considered an agricultural use if such use constitutes the main or principal use on a lot or parcel.
Agriculture Product Processing Facility - A business activity customarily designed to process raw agricultural products into value added products. Agricultural processing facilities include, but are not limited to, feed mills, ethanol plants, soybean processing, packing plants and rendering facilities.
Airport - The Winner Municipal Airport (Wiley Field) located north of the City of Winner.
Airport Elevation - The established elevation of the highest point on the usable landing area, which is established to be two thousand thirty-two (2,032) feet above main sea level.
Airport Hazard - Any structure or tree or use of land that obstructs the airspace required for, or is otherwise hazardous, to the flight of aircraft in landing or taking off at the airport. Any use of land that is hazardous to persons or property because of its proximity to the airport.
Airspace Zone, Primary - All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending two hundred (200) feet beyond each end of a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is two hundred fifty (250) feet.
Airspace Zone, Horizontal - All that land which lies directly under an imaginary horizontal surface one hundred fifty (150) feet above the established airport elevation, or a height of two thousand one hundred eighty eight (2,188) feet above mean sea level, the perimeter of which is constructed by swinging arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
Airspace Zone, Conical - All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.
Airspace Zone, Non-instrument Approach - All that land which lies directly under an imaginary non-instrument visual approach surface longitudinally centered on the extended centerline at the end of each landing strip. The inner edge of the non-instrument approach surface is at the width and elevation as, and coincides with, the primary surface. The non-instrument approach surface inclines upward and outward at a slope of twenty to one (20:1), expanding uniformly to a width of one thousand two hundred fifty (1,250) feet, and then continuing at the same rate of divergence to the periphery of the conical surface.
Airspace Zone, Transitional - All that land which lies directly under an imaginary transitional surface extending upward and outward and right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) form the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface.
Alley - A way which affords only a secondary means of access to abutting property.
Animal Feeding Operation - An animal feeding operation is a facility where more than one thousand (1,000) animal units are confined, stabled, fed, or maintained in either an open or housed lot for a total of 45 days or more in any 12-month period. The open lot does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more facilities under common ownership are a single animal operation if they adjoin each other (within one mile), or if they use a common area or system for the disposal of manure.
Apartment - A portion of a multi-family dwelling used as a separate housing unit and having cooking facilities and a private bath.
Applicant - For purposes of this Ordinance a person shall be deemed to be an applicant if they are the owner of the proposed facility; an officer or director of the owner thereof; or an owner of any interest, direct or indirect, in any company, except a publicly traded company, which is the owner of the proposed development.
Arcade - A place of business where an individual, association, partnership or corporation maintains four or more amusement devices for public use.
Bar - A building or part thereof where, in consideration of payment therefor, liquor, beer, or wine or any combination thereof are served for consumption on the premises, with or without food.
Basement - A portion of a building with the floor located below the mean grade level. For the purpose of this ordinance, any such basement with more than four (4) feet above grade level shall be counted as a story. No dwelling unit shall be situated in a basement having less than four (4) feet above grade level.
Billboard - See Sign, Off-Site.
Block - The property abutting on one side of a street and lying within the two nearest intercepting or intersecting streets or lying within the nearest intercepting streets and unsubdivided acreage or railroad right-of-way.
Board of Adjustment - The City Council shall serve as the Board of Adjustment.
Buildable Area - The portions of a lot remaining after required yards and setbacks have been provided.
Building - Any structure for the shelter, support, or enclosure of persons, animals, chattels or property of any kind, and when separated by common, shared walls without openings, each portion of such building so separated shall be deemed a separate building.
Building Setback Lines - A line parallel or approximately parallel to the lot lines at a specified distance therefrom, marking the minimum distance from the lot line that the building may be erected.
Building, Height of - The vertical distance from the average elevation of the finished grade at the building line to the highest point of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable or gambrel, hip or pitch roof.
Building, Principal - A building in which is conducted the main use of the lot on which said building is located.
Building Line, Front - A line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.
Bus Depot - A building or premises where commercial motor vehicles pick up and discharge fare-paying, passengers. Accessory uses may include ticket offices, luggage checking facilities and similar uses.
Camper - See Travel Trailer.
Campground - An area of land, managed as a unit, providing short term accommodation for tents, tent trailers, travel trailers, recreational vehicles, campers, and cabins.
Car Wash - An establishment having facilities for washing motor vehicles by production line methods which may include a conveyor system or similar mechanical devices. This definition may also include a self-service operation.
Carport, Detached - A roof with no side walls used as a shelter or storage of vehicles that is not attached to any structure.
Cemetery - Land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. “Cemetery” may include a structure for the purpose of the cremation of human remains and may include facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments.
Church - A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.
Clinic - A building or part of a building used solely for the purpose of consultation, diagnosis and treatment of patients by one or more legally qualified physicians, dentists, optometrists, podiatrists, chiropractors, or drugless practitioners, together with their qualified assistants, and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associate with the clinic, but shall not include accommodation for in-patient care or operating rooms for major surgery.
Club - A building owned, leased, or hired by a non-profit association of persons the use of which is generally restricted to due-paying members and their guests. Such club may periodically be rented, or leased, to non-members for gathering such as weddings, anniversaries, and dances, but no portion of the building shall continuously be used for business purposes.
Company - For purposes of this ordinance the term, “company’ includes, but is not limited to, any corporation, partnership, limited liability company, limited liability partnership, limited partnership, business trust and any other business entity.
Comprehensive Plan - Any legally adopted part or element of the City of Winner Comprehensive Plan or any subsequent amendment.
Conditional Use - A conditional use is a use that would not be appropriate, generally or without restriction, throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, convenience, appearance, prosperity or general welfare. Such uses may be permitted in said zoning district as conditional uses, if specific provision for such conditional use is made in this Ordinance. The term conditional use shall be synonymous with special exception, but shall no include the term variance.
Congregate Housing - A residential facility for elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social, medical, and counseling appointments.
Contiguous - Next to, abutting, or touching and having a boundary, or portion thereof, which is adjoining.
Contractor - The person who contracts with an individual or Developer to construct a building or structure on a parcel of land prepared by an individual or Developer. Covenant - An agreement, convention, or promise of two or more parties, by deed in writing, signed and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done. The term is currently used primarily with respect to promises in conveyance or other instruments relating to real estate. Convenience Store - A retail store in which articles for sale are restricted to a limited range of items such as milk, bread, soft drinks, malt beverages, include beer and wine coolers (on and off sale), ice cream, canned and bottled goods, snacks and candy, meat, and to complement such items may include the limited sale of magazines, books and records, housewares, toiletries, stationary, tobacco products and motor fuel. Day Care - The providing of care and supervision of children or adults as a supplement to regular parental or home care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.
Day Care Center - A facility for the care and supervision of twenty-one (21) or more children on a regular basis for part of a day as a supplement to regular parental care. Any type of group day care programs including nurseries for children of working parents, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for pre-school children, programs covering after-school care for school children provided such establishment is licensed by the State and conducted in accordance with State requirements.
Day Care, Family - The provision of regular care and supervision of no more than twelve (12) children including the provider’s own children who are under the age of six (6) years for part of a twenty-four (24) hour period as a supplement to regular parental care. Day Care, Group Family Home - The provision of regular care and supervision of thirteen (13) to twenty (20) children either in the provider’s home or in a facility outside the provider’s home for part of a twenty-four (24) hour period as a supplement to regular parental care.
Deck - A structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area. Developer - The owner of the property being platted or replatted or the person designated by the owner as being responsible for the development of the property. The terms “subdivider” and “developer” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope and purview of this Ordinance. The developer shall also be defined as the builder or contractor if they are responsible for the construction of buildings and/or structures or permanent improvements. Dormitory - A building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes. Due Diligence - Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances; not measured by any absolute standard, but depending on the relative facts of the special case.
Dwelling - A building or portion thereof, occupied exclusively as the residence of one (1) or more persons with each family having individual sleeping, cooking, and toilet facilities. Dwelling Unit - Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities, which are used or intended to be used for living, sleeping, cooking, and eating.
Dwelling, Efficiency Unit - A dwelling unit having only one (1) room exclusive of bathroom, compartments, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining alcove. An efficiency unit shall be permitted in a multiple-family dwelling.
Dwelling, Multi-Family - A residential building designed for, or occupied by, three (3) or more families living independently of each other with separate sleeping, cooking, and toilet facilities. 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 manufactured or modular home, designed for and occupied by one (1) family.
Dwelling, Two-Family - A residential building, other than a manufactured or modular home, designed for and occupied by two (2) families living independently of each other with separate sleeping, cooking, and toilet facilities. The number of families in residence not to exceed the number of dwelling units provided.
Employee(s) - In regard to off-street parking requirements, all who work in the enterprise, including owners.
Essential Services - See Utility Facilities.
Exhibition Areas - A building, group of buildings, or place where art, objects, articles, or livestock or agricultural projects are placed on display or sold to the public.
Existing Mobile Home Park - Any site, lot, field, or tract of land upon which three (3) or more occupied mobile homes are parked and connected to utilities, either free of charge or for revenue purposes, and shall include any buildings, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of such mobile home park.
Family - Any number of individuals living together as a single housekeeping unit, in which not more than five (5) individuals are unrelated by blood, marriage or adoption. This definition shall not include foster families as regulated by the State of South Dakota.
Farm, Ranch, Orchard - An area of not less than twenty (20) acres of unplatted land, or is a part of a contiguous ownership of not less than eighty (80) acres of unplatted land, which is used for growing usual farm products, vegetables, fruits, trees, and grain, and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, hogs and sheep, and including the necessary accessory uses for raising, treating, and storing products raised on the premises; but excluding an Animal Feeding Operation.
The processing and storage of raw agricultural products, such as grain elevators and ethanol plants, shall not be considered a farm, ranch, or orchard if such constitutes the main or principal use on the lot or parcel.
Farm, Hobby - An activity carried out in rural residential areas, which includes the planting, cultivating, harvesting and storage of grains, hay, plants, fruits, or vineyards.
Fence - An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
Financial Institutions - The premises of a bank, trust, finance, mortgage, or investment company.
Flammable or Combustible Liquids, or Hazardous Material - Flammable material is any material that will readily ignite from common sources of heat, or that will ignite at a temperature of 600 F or less. Flammable liquid is any liquid having a flash point below 100 F and having vapor pressure not exceeding forty (40) pounds per square inch (absolute) at 100 F. Combustible liquid is any liquid having a flash point at or above 100 F. Hazardous material includes any flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, pyrophoric materials, and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.
Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of wetlands, lakes, streams, tributaries, or other water bodies; and/or
2. 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 an accumulative increase in the water surface.
Floor Area - The square feet of floor space within the outside line of walls including the total of all space on all floors of a building. Floor area shall not include porches, garages, or space in a basement or cellar, which is used for storage or incidental use.
Food Product Processing Facility - A commercial establishment in which food or food-related products are processed, packaged, or otherwise prepared for human consumption but not consumed on the premises. Garage - An accessory building or portion of a building including a carport which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to the residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use.
Garage, Public - A building or portion thereof used for the housing or care of motor vehicles for the general public or where such vehicles are equipped or repaired for remuneration or kept for hire or sale. This may include premises commonly known as “gasoline stations” or “service stations”.
Gasoline Station - Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, and oil or other lubrication substances; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning such vehicles.
Golf Course - A public or private area operated for the purpose of playing golf, and includes a par 3 golf course, clubhouse and recreational facilities, accessory driving ranges and miniature golf courses, and similar uses.
Grade - The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
Grain Elevator - Grain storage facilities, which are the principal and primary use of the lot. Said facilities are generally equipped with devices for housing and discharging significant quantities of grain. This definition does not include normal farm product storage and warehousing facilities such as grain bins and where such storage is an accessory use to the parcel.
Greenhouse, Commercial - A building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail.
Height - For the purpose of determining the height limits in airport zones, the datum shall be mean sea level elevation, unless otherwise specified.
Home Occupation - A business activity customarily carried on in the home by a member of the occupant's family:
1. That does not occupy more than twenty-five (25) percent of the dwelling;
2. Without structural alterations in the building or any of its rooms;
3. Without the installation or outside storage of any machinery, equipment or material other than that customary to normal household operations;
4. Without the employment of persons not residing in the home; and
5. Which does not cause the generation of traffic in excess of that experienced on an average street of similar design, noise, electrical interference, fumes, odors, etc.
Horticulture - The science or art of cultivating fruits, vegetables, flowers, and plants.
Hospital - An institution devoted primarily to the operation of facilities of the diagnosis, treatment and cure of disease, illness, injury, or other abnormal physical conditions with provisions for keeping patients overnight.
Hotel - An establishment of transient guests having sleeping rooms for more than six (6) persons for compensation and may or may not provide meals.
Institution - A building or premises occupied by a non-profit corporation or establishment for public use.
Junkyard - A place where nonrecyclable wastes, having no economic value, or waste which is recyclable, but has no chance of being recycled is deposited. See also Salvage Yard.
Kennel - Any place where two (2) or more dogs, cats, or other domesticated animals of breeding age are housed, groomed, bred, boarded, trained, harbored, kept, or sold for commercial purposes.
Landing Area - The area of the airport used for landing, taking off, or taxiing of aircraft.
Landing Strip - Any grass or turf covered area of the airport specifically designated and used for the landing and/or take-off of aircraft. See Runway.
Loading Area - A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
Locker - A meat processing plant and any other facility where meat, poultry, or eggs are cooked, cured, smoked or otherwise processed or packed, provided that all activities are carried out indoors. This term shall not include a stockyard, slaughterhouse, tannery, a poultry killing establishment, an animal food factory, or an animal by-products plant.
Lot - A tract, plot, or portion of subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
Lot Area - The area of a horizontal plane bounded by the front, side, and rear lot lines.
Lot Coverage - The percent of the area of a lot occupied by buildings, or structures, including accessory building or structures.
Lot Frontage - The front of a lot shall be construed to be the portion nearest the street or where addressed. 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 Yards as defined herein.
Lot Frontage, Pie Shaped - A lot usually abutting a cul-de-sac. For the purpose of determining frontage, said distance shall be measured perpendicularly to the said lot lines at a point thirty (30) feet from the front line.
Lot Line - Any boundary line of a lot.
Lot Line, Exterior - The side lot line, which abuts the street on a corner lot.
Lot Line, Front - The front lot line is customarily defined by the street right-of-way.
Lot Line, Rear - The lot line or point of intersection of the side lot lines farthest from and opposite the front lot line.
Lot Line, Side - A lot line other than a front or rear lot line.
Lot of Record - A lot that is part of subdivision or otherwise legally approved and recorded in the office of County Register of Deeds.
Lot Width - The distance between side lot lines measured at right angles.
Lot, Corner - A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five (135) degrees.
Lot, Depth - The horizontal distance between the midpoint of the front and rear lot lines.
Lot, Double Frontage - A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
Lot, Interior - A lot, other than a corner lot, with only (1) frontage on a street.
Lot, Through - A lot, other than a corner lot, with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.
Major Street Plan - The Transportation Plan in the adopted City of Winner Comprehensive Plan.
Manufactured Home - A moveable or portable dwelling which is eight (8) feet or more in width and thirty-two (32) feet or more in length, constructed on a chassis, and which is designed to be towed, designed for year-round occupancy, primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units, separately transportable, but designed to be joined together into one integral unit. Manufactured homes are built according to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Manufactured homes are not mobile homes.
The following shall not be included in this definition:
1. Travel trailers, pickup coaches, motor homes, camping trailers, or other recreational vehicles; and
2. Modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding, and electrical, plumbing, and heating systems.
Manufactured Home Park - Any premises where two (2) or more manufactured homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for two (2) or more manufactured homes for living or sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended wholly or in part, for Manufactured Homes.
Manufacturing - The use of land, buildings or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article, thing or service.
Massage Establishment - Any premises or part thereof where massages are given, offered or solicited in pursuance of a trade or calling, business or occupation provided that the service is rendered by a person duly trained, licensed and registered under the appropriate statute.
Mobile Home - A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
Modular Home - A structure or building module that is manufactured at a location other than the site upon which it is installed and used as a residence; transportable in one or more sections on a temporary chassis or other conveyance device; and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. This term includes the plumbing, heating, air conditioning, and electrical systems contained within the structure.
Motel - A building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of transients.
Museum - A building or buildings used, or to be used, for the preservation of a collection of paintings and/or other works of art, and/or of objects of natural history, and/or of mechanical, scientific and/or philosophical inventions, instruments, models and/or designs and dedicated or to be dedicated to the recreation of the public, together with any libraries, reading rooms, laboratories and/or other offices and premises used or to be used in connection therewith.
Nonconforming Lot - A lot of record existing on the date of passage of this ordinance which does not have the minimum width or contain the minimum area for the zone in which it is located.
Nonconforming Structure - A lawful structure which exists on the date of passage of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yard setbacks, or other characteristics of the structure.
Nonconforming Use - A lawful use of land, which exists on the date of passage of this ordinance that, would not be lawful in the district in which it is situated under the terms of this ordinance.
Noxious - When used with reference to any use or activity in respect of any land, building or structure or a use or activity which, from its nature or from the manner of carrying on same, creates or is liable to create, by reason or destructive gas or fumes, dust, objectionable odor, noise or vibration or unsightly storage of goods, wares, merchandise, salvage, machinery parts, junk, waste or other material, a condition which may become hazardous or injurious as regards to health or safety or which prejudices the character of the surrounding are or interferes with or may interfere with the normal enjoyment of any use of activity in respect of any land, building or structure. Application of the term noxious shall be subject to the reasonable person standard.
Nuisance - A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:
1. Annoys, injures, or endangers the comfort, repose, health, or safety of others;
2. Offends decency;
3. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street, or highway; or
4. In any way renders other persons insecure in life, or in the use of property.
Nursing Home, Rest Home, Convalescent Home - A place which undertakes through its ownership or management to provide maintenance, personal, or nursing care for three or more persons who by reason of illness, physical deformity, or old age are unable to care for themselves.
Obstruction - Any structure or vegetation that substantially blocks the vision of people.
Office - A building or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, clinic, financial institution or place of amusement or place of assembly.
Open Sales Area - Any open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft, and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.
Outdoor Storage Area - Any open land or area used for the purpose of storage of any product or part of a product either before, during, or after manufacture, servicing or repair and not displayed for retail sale. This does not include open sales areas.
Owner - The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.
Park - An area consisting largely of open space, which may include a recreational area, playground or similar use but shall not include a mobile home park, a campground or trailer park.
Parking Lot - A parcel of land devoted to unenclosed parking spaces.
Parking Space - An off-street space available for parking of a motor vehicle and which is held to be an area for dimension of which are ten (10) feet by twenty (20) feet or which covers two hundred (200) square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Off-street parking shall be on or adjacent to the property on which the principal use is located.
Pawnshop - An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker.
Performance Standards - Criterion established for the purposes of:
1. Assigning proposed land uses to proper districts; and
2. Controlling noise, odor, glare, smoke, toxic matter, vibration, fire or explosive hazards generated by, or inherent in, uses of land or buildings.
Permitted Use - A use by right, which is specifically authorized in a particular zoning district.
Person - Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, governmental, or quasi-governmental entity.
Places of Assembly - Places where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.
Planning Commission - The Planning Commission of the City of Winner. The term Planning Commission shall be synonymous with Planning and Zoning Commission and Commission, but shall not include Board of Adjustment or Zoning Board.
Plaza - A public square or similar open area.
Principal Use - The main use of land or structures as distinguished from a secondary or accessory use.
Public - Promotion of a public cause or service, including utilities having a franchise from the City of Winner, but excluding other for-profit organizations.
Public Building - Any building which is owned, leased, primarily used and/or primarily occupied by a school district or municipal, county, state or federal government, or any subdivision or agency of the school district, municipal, county, state or federal government.
Publicly Traded Company - For purposes of this Ordinance a “publicly traded company” means a company, the shares or other interests in which are regularly traded on the New York Stock Exchange, the American Stock Exchange, NASDAQ or similar recognized security market.
Quarry - A place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial, or manufacturing purposes, but does not include a wayside quarry or open pit metal mine.
Recreational Building, Community - Publicly owned or operated gymnasium or similar indoor facility including swimming pools, handball, or tennis courts and related uses.
Recreational Equipment - The term recreational equipment shall include boats and boat trailers, personal watercraft, snowmobiles, travel trailers, pick-up campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers, and the like, and case or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
Recycling Center - A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.Rent-All Shop - A building or part of a building where residential and commercial equipment is kept for rental to the general public and includes such things as lawn and garden tools, floor cleaning equipment, masonry tools, painting and decorating equipment, moving tools, plumbing tools and power tools.
Repair Shop, Auto Body - A general industrial establishment for the repair of damage to a motor vehicle caused by collision, accident, corrosion or age, and, without limiting the generality of the foregoing, includes the reconstruction of motor vehicles, the painting or repainting of motor vehicles and the rebuilding or conversion of automotive engines or engine parts, but does not include a motor vehicle repair shop, an impounding yard, an automobile service station, or a gas station.Repair Shop, Motor Vehicle - A service commercial or general industrial establishment for the repair or replacement of parts in a motor vehicle and without limiting the generality of the foregoing, shocks, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems, ignition systems, mechanical or electrical parts or systems, the installation of undercoating, engine tuning, lubrication and engine conversion or replacement, but does not include an auto body repair shop, an impounding yard, an automobile service station or a gas station.
Residential Care Facility - A family home, group care facility, or similar facility for twenty-four (24) hour non-medical care of persons in need of personal services, supervision or assistance for sustaining the activities of daily living or for the protection of the individual.
Restaurant - A business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.
Restaurant, Drive-In - A business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to eat either off the premises or within automobiles parked on the premises.
Restaurant, In-House - A private business establishment consisting of a kitchen, with or without a dining room, whose primary purpose is to prepare and serve food to be eaten by employees of the principal employer. For the purposes of this ordinance, the term “cafeteria” shall be synonymous with “Restaurant, In-House.”
Rest Home - See Nursing Homes.
Retail Store - A building where goods, wares, merchandise, substances, articles or items are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles or items sufficient only to service such store.
Retaining Wall - A structure constructed to hold back or support an earthen bank.
Right-of-Way - An area of land that is legally described for the provision of public access within which there is usually a street.
Right-of-Way Line - A dividing line between a lot, tract, or parcel of land and the public right-of-way.
Road or Street Line - The dividing line between a lot, tract, or parcel of land and a contiguous road, street, or alley.
Roadside Stand - A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
Rodeo Grounds - A building or place where rodeo events such as roping and riding are done for practice or competition.
Runway - Any paved surface of the airport that is specifically designated and used for the landing and/or take-off of aircraft.
Salvage Yard - The use of more than two hundred fifty (250) square feet of open storage on any lot, portion of 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. Satellite Dish/Receiver - A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish or cone designed and used for the reception of television signals related back to earth from a terrestrially and/or orbital based communications satellite.
School, Boarding - A school under the sponsorship of a private agency, corporation, or religious entity, having a curriculum generally equivalent to public elementary or secondary schools, accredited by the State of South Dakota and provides room and board for its students; but excluding private trade or commercial schools. “Day Care Centers” as herein |