§ 160.005. Definitions.


Latest version.
  •    (a)   In the application of this chapter, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.

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

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

          (3)   The word “shall” is mandatory and not discretionary.

          (4)   The word “may” is permissive.

          (5)   The word “used” or “occupied” shall include the words “intended,” “designed” or “arranged to be used or occupied.”

          (6)   The word “lot” shall include the words “plot,” “parcel” or “tract.”

          (7)   The word “person” shall include a “firm,” “association,” “organization,” “partnership,” “trust,” “company” or “corporation” as well as an “individual.”

          (8)   The word “building” shall include the words “structure” and “premises.”

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

       (b)   Definitions.

          ABANDONED OR ABANDONMENT. The relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

          ABUTTING. (See CONTIGUOUS.)

          ACCESSORY ALCOHOLIC BEVERAGE ESTABLISHMENT. Alcohol that is either sold on-site or provided as a complimentary service as an incidental and subordinate portion of the existing business. This definition does not include full-service restaurant establishments as defined elsewhere in this title.

          ACCESSORY BUILDING OR USE. One that:

             A.   Is customary and clearly incidental and subordinate to the principal building or principal use.

             B.   Serves exclusively the principal building or principal use.

             C.   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

             D.   Is located on the same zoning lot as the principal building or principal use served, with the single exception of the accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.

             E.   An accessory use, unless specifically listed otherwise, shall be within the same building as the primary use. All accessory uses shall have their operations internal to the primary use. However, uses such as day care operations within places of worship, offices, or other uses may have outdoor play areas that are to the same standards as if they were a principal use.

          ACCESSORY DWELLING UNIT. A dwelling unit either attached to a single-family principal dwelling or located on the same lot and having a separate address and entrance or an independent means of access.

          ACCESSORY PARKING, OFF-SITE. A parking area, open or enclosed, available with or without compensation, to accommodate clients, customers, employees, occupants, and the like of a principal building or principal use served, which is located off-site from the principal building or principal use served.

          ACTIVITY. Any development or use encompassed within the jurisdiction of this chapter.

          ADJACENT. Placed near or close; may be, but does not need to be, touching. Property is adjacent when separated by a right-of-way.

          ADULT AMUSEMENT OR ENTERTAINMENT. Any use that has as part of its operations amusement or entertainment that is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment.

          ADULT BOOKSTORES, NEWSSTAND, VIDEO STORE, OR COMBINATION. An establishment having as a substantial or significant portion of its stock and trade, books, magazines, publications, films, or other electronic media and other periodicals that are distinguished or characterized by the emphasis of sexually oriented material depicting, describing, or relating to specified sexual activities or specified anatomical areas.

          ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material for observation by patrons and that excludes minors by virtue of age.

          ADULT PHOTO STUDIO. An establishment that, on payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

          ADULT SHOP. Any establishment offering for sale or rent, items from any two of the following categories: sexually oriented books, magazines, and videos; leather goods marketed or presented in a context to suggest their use for sexual activities; sexually oriented toys and novelties; video viewing booths; or an establishment that advertises or holds itself out in any forum as a sexually oriented business.

          ADULT THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as herein defined, for observation by patrons therein and that excludes minors by virtue of age.

          ADULT USE. Includes adult bookstore, newsstand, video store, or combination adult amusement or entertainment establishments, adult mini-motion picture theaters, adult motion picture theaters, adult photo studios, adult shop, and adult video viewing booths.

          ADULT VIDEO VIEWING BOOTHS. Often referred to as peep shows and characterized by small private booths rented to individuals to view sexually explicit films or tapes.

          AGRICULTURE. The production, storage, keeping, harvesting, grading, packaging, processing, boarding, or maintenance for sale, lease, or personal use of plants and animals useful to humans including but not limited to forages, sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock including beef cattle, sheep, swine, horses, ponies, mules, goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of the animals, bees and apiary products, fur animals, trees and forest products, fruits of all kinds including grapes, nuts, and berries, vegetables, nursery, floral, ornamental, and greenhouse products except where provided in a community garden; or lands devoted to a soil conservation or forestry management program. This definition shall not include intensive agricultural activities such as feedlot operations, chicken farms, and agribusiness activities.

          AIR NATIONAL GUARD FACILITIES. Airport facilities exclusively for the use and training of the Air National Guard.

          AIR PASSENGER TERMINAL. Including but not limited to air passenger-associated ticket sales, restaurant/lounge and food services, retail sales and services, car rental services, motor vehicle service and gas dispensing, car wash, bus terminal, associated short-term and long-term parking lots, and other airport-related services.

          AIRPORT. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers, including heliports. See HELIPORT.

          AIRPORT FACILITIES. Including but not limited to runways, aprons, taxiways, weather monitoring facilities, control tower, navigational and communications facilities, airfield lighting and signs, and associated structures, aircraft servicing, warehousing, manufacturing, and retrofitting facilities, aircraft hangars, servicing and repair facilities, air cargo reserve/freight terminals, operations and activities, airport administration, and maintenance facilities and offices, general aviation services and facilities including aircraft tie-down and parking areas, support and maintenance shops, concessions, aviation fuel storage, and dispensing facilities, aircraft sales and leasing facilities and services, aerospace and aviation-related training facilities.

          ALLEY. A public or private service right-of-way which affords a secondary means of access to abutting property.

          ANNEXATION. The incorporation of land into the corporate boundaries of the city of Sioux Falls.

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

          ANTENNA SUPPORT STRUCTURE. Any existing structure that supports wireless communications facilities such as, but not restricted to, telecommunications and broadcast towers, buildings, clock towers, steeples, and light poles.

          APPLICANT. The owner of land applying for a zoning permit or their authorized agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises. See DEVELOPER.

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

          ARCADE. A building or structure, open to the public, that contains coin operated games and similar entertainment and amusement devices as the primary use or with five or more games as an accessory use.

          ARCHERY RANGE. An outdoor facility, which may include buildings or structures, used for target practice with bows and arrows.

          ASSISTED-LIVING CENTER FACILITY. An intermediate term care facility licensed by the state of South Dakota to provide personal care and services beyond food, shelter, and laundry. The facilities include the supervision of self-administration of medication and other services such as recreational, financial, and transportation services.

          AUTOMOBILE. See MOTOR VEHICLE.

          AWNING. A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

          BASEMENT. A space that may be occupied that is not more than six feet above grade for more than 50% of the total perimeter or is less than 12 feet above grade at any one point. See STORY.

          BED AND BREAKFAST ESTABLISHMENT. A single-family detached dwelling that is used to provide meals, dining, and bathroom facilities with sleeping rooms and temporary accommodations for a charge to the public.

          BERM. A mound of earth or the act of pushing earth into a mound which has a maximum slope of three feet horizontal to one foot vertical and shall be planted with acceptable living ground cover.

          BIG SIOUX AQUIFER SYSTEM. A shallow, unconfined aquifer composed of glacial outwash deposits in a valley cut into older underlying glacial till. This aquifer is hydraulically connected to the Big Sioux River, which flows south through the same valley, and to the Skunk Creek aquifer and to Skunk Creek. It lies in South Dakota's eastern border counties.

          BILLBOARD. A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

          BLANK WALL. An exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane.

          BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

          BOARD OF ADJUSTMENT. Public and quasi-judicial board consisting of five citizens, appointed by the mayor, charged with hearing and determining zoning appeals and, where appropriate, granting variances from the strict application of the zoning ordinance.

          BREEZEWAY. An indoor narrow passageway from one building to another building and does not constitute the joining of two buildings as required by local building code.

          BROADCAST TOWER. A structure, not including offices or studio, for the transmission of radio or television broadcast communications.

          BUFFER YARD. An open space and landscaped areas including fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other items that are incompatible.

          BUILDABLE AREA. The three-dimensional space within which a building is permitted to be built on a lot and that is defined by maximum height regulations and yard setback regulations.

          BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, or movable property of any kind, and that is constructed or erected on the ground or attached to the ground with a fixed location on the ground.

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

          BUILDING LINE. A line on the lot running parallel to and the required horizontal distance from the nearest property line.

          BUILDING PERMIT. A document of permission issued by the proper municipal authority for the construction, reconstruction, restoration, conversion, change of use, repair, alteration, or addition to a structure.

          BUILDING, PRINCIPAL. A nonaccessory building in which the principal use is conducted on the lot on which it is located.

          BULK REGULATIONS. Standards applying to individual lots that control the placement of buildings, amount of open space on the lot, the height of structures, setbacks from property lines and public rights-of-way, size and density of buildings, yards including buffer yards, and number of units.

          BUS PASSENGER TERMINAL. Any premises for the storage or parking of motor-driven buses and the loading and unloading of passengers.

          BUS/TRUCK WASH. Any building or portions thereof used for washing buses and/or trucks.

          BUSINESS LOCATION. A particular identifiable locality, building, or portion thereof used for a commercial or industrial enterprise, task, mission, or calling.

          CAMPGROUND. A plot of ground for public use upon which two or more camping sites are located, established, maintained, advertised, or held out to the public, to be a place where camping units can be located and occupied as temporary living quarters for children or adults or both.

          CAMPING UNIT. Includes travel trailers, pickup coaches or campers, motor homes, camping trailers, tents, and similar forms of portable shelter used for recreational, education, or vacation purposes.

          CANOPY. A roof-like structure for the purpose of shielding people or motor vehicles from the elements.

          CAR WASH. Any building or portions thereof used for washing motor vehicles.

          CELLAR. The part of a building having more than one-half of its height below the average grade of the adjoining ground.

          CEMETERY. Land used for interment of human or animal remains or cremated remains, including a burial park, a mausoleum, a columbarium, necessary sale and maintenance facilities or a combination thereof. Crematories and mortuaries may also be included when operated within the cemetery boundary and complying with the standards of this chapter.

          CEMETERY, PET. A cemetery for the interment of domestic animals that are kept at a person's home.

          CERTIFICATE OF OCCUPANCY. A document issued by the city planning and building services department allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

          CHANGE OF USE. Substitution of one permitted use for another permitted use.

          CITY. The City of Sioux Falls, South Dakota.

          CITY COUNCIL. The legislative body of the city consisting of the duly-elected city councilors for the city.

          CLUBHOUSE. A building or area used in association with a golf course which includes social (e.g., dining, eating, and banquet facilities) and wellness activities (e.g., tennis courts and swimming pools). Operators of clubhouses may also render services customarily carried on as a business but incidental to a golf course, including retailing, full service restaurants, and on-sale and off-sale alcohol without drive-up windows.

          CLUSTER SUBDIVISION. A form of development that permits a reduction in lot area and bulk requirements than is normally permitted under a conventional subdivision. A cluster subdivision may also include common land area that is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture.

          COLLEGE, UNIVERSITY, or POST-HIGH SCHOOL. An educational institution that awards associate or higher degrees or post high school vocational training.

          COMMERCIAL PARKING LOT/ FACILITY. An approved open or enclosed off-street parking area or structure in compliance with § 160.556 (Minimum Improvement and Maintenance Standards) where licensed and operable motor vehicles are temporarily stored for a fee. A commercial parking lot shall not include off-site accessory parking lots.

          COMMUNITY GARDEN. Urban agriculture gardening that is a neighborhood-based garden for the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use. Sites are managed by an individual or groups of individuals that are responsible for maintenance. As a supplemental policy to clarify the provisions of this title, maintenance and management guidelines for COMMUNITY GARDEN shall be provided by the director of planning.

          COMMUNITY RESIDENTIAL HOME. A state of South Dakota licensed facility with eight or more individuals who are "handicapped" as defined in the Fair Housing Act, 42 U.S.C. § 3602(h) and which is confirmed by a record of impairment through a South Dakota State licensed adjustment training center. The facilities are typically long-term residences for people who have developmental disabilities. Such assistance must include board and room, habilitative services, and other incidental services customarily provided by group homes. A group home shall not include temporary or emergency care housing such as missions, halfway houses, recovery institutions, or detention centers.

          COMPATIBLE. A use of land and/or building(s) that, in terms of development intensity, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely affect the quality of life of persons in surrounding or nearby buildings.

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

          CONDITIONAL USE PERMIT. A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the planning commission. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.

          CONTIGUOUS. Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.

          CONTRACTOR'S SHOP AND STORAGE YARD. Use of land or building(s) for storage and preparation of materials used by that same individual(s) in conducting the business of construction and repair work, generally completed at some other on-site location.

          CONVENT and MONASTERY. A place of residence for bona fide members of a religious order who carry on religious, medical, educational or charitable work in adjacent institutions.

          COURT. An open space more than one-half surrounded by buildings.

          CREMATORIUM. A furnace for the incineration of corpses.

          CREMATORY. The building or portion of a building that houses the cremation chamber and the holding facility within or adjacent to the crematory facility designated for the retention of human or animals/pet remains prior to cremation.

          CULTURAL FACILITY. Establishments, public or private, that document the social and religious structures and intellectual and artistic manifestations that characterize a society and include museums, art galleries, and botanical and zoological gardens or natural, historic, educational, or cultural interest.

          CURBLINE. The line coincident with the face of the street curb adjacent to the roadway.

          DAY CARE. The providing of care and supervision of children/adults as a supplement to regular parental/home care, without transfer of legal custody or placement for adoption, with or without compensation, on a regular basis for a part of a day.

          DAY CARE, CENTER. A facility of more than 12 children used for providing adult or child day care, and is limited by the square footage of useable space available. The ratio is 35 square feet per person indoors and 50 square feet per person outdoors.

          DAY CARE, FAMILY. Care is provided in a dwelling. The number of persons cared for is seven to 12 adults or children under the age of 14 years including the provider's own children six years and under. The dwelling shall be used as the principal use, and the day care use shall be accessory.

          DAY CARE, HOME. Care is provided in a dwelling and the number of persons cared for is limited to a maximum of six adults or six children under the age of 14 years. Included in the number of children are the provider's own children six years and under. The dwelling shall be used as the principal use, and the day care use shall be accessory.

          DECK. An unroofed platform, either freestanding or attached to a building, that is supported by posts.

          DENSITY. The number of families, individuals, dwelling units or housing structures per unit of land.

          DETENTION FACILITY. A public- or private-operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

          DEVELOPER. The owner (or representative) of land applying for a zoning permit or its authorized agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises. See APPLICANT.

          DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; or any use or extension of the use of land.

          DIRECTOR OF PLANNING AND BUILDING SERVICES/DIRECTOR. The person appointed by the mayor to be the leader of this specific department, empowered to carry out/enforce all those codes adopted that regulate planning, building, plumbing, mechanical, electrical inspection, and zoning.

          DISTILLATION OF PRODUCTS. A building or premises used for the purification and concentration of a substance by volatilization or evaporation and subsequent condensation.

          DISTRICT. A part, zone, or geographic area of the city or its joint zoning jurisdiction within which certain zoning regulations apply. See ZONE.

          DRIVE-THROUGH SERVICE WINDOW. An establishment that accommodates the patron's motor vehicles, from which the occupants may obtain or receive a service or obtain a product through a service window or automated device.

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

          DWELLING FOR RELIGIOUS ORDER. Any single-housekeeping residential unit including convents and monasteries that are small in scale and accessory to a place of worship.

          DWELLING UNIT. Any building or portion thereof which contains living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

          DWELLING(S), ABOVE THE FIRST STORY. One or more dwelling units only allowed above the first story of the principal building. The first story of the building would be occupied with another nonresidential permitted use.

          DWELLING, CONVERTED SINGLE- FAMILY. An originally designed single-family structure that has been converted into two or more living units.

          DWELLING, DUPLEX. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from basement to roof.

          DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units including units that are located one over the other.

          DWELLING, SINGLE-FAMILY DETACHED. A dwelling that is designed for and occupied by not more than one family and is surrounded by yards and is not attached to any other dwelling by any means.

          DWELLING, SINGLE-FAMILY FARM. Single-family dwelling located on a farm that is used or intended for use by the farm's owner or relative of the owner or a person employed thereon.

          DWELLING, TOWNHOME. A one-family dwelling in a row and attached by a shared common wall of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

          DWELLING, TWIN HOME. A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.

          ELECTRICAL SUBSTATION. A premises that may or may not contain buildings, where the interconnection and usual transformation of electrical service takes place between systems. An ELECTRICAL SUBSTATION shall be secondary, supplementary, subordinate, and auxiliary to the main system.

          EQUIPMENT SALES AND SERVICE. The use of any building or land area for the display and sale of new and used farm implements, construction, or other heavy equipment including any warranty repair work and other repair service conducted as an accessory use.

          EXPLORATION FOR MINERALS. The act of searching for or investigating a mineral deposit, including, but not limited to, sinking shafts, tunneling, drilling cave and bore holes, and digging pits or cuts and other work for the purpose of extracting samples prior to commencement of development of extraction operations, and the building of roads, accessways, and other facilities related to the work.

          FAIRGROUNDS. Land area within the city limits of Sioux Falls entitled "William H. Lyon Fairgrounds" which shall be maintained, managed, and controlled by the county commissioners and their successors in office, for use of the public as a county fairgrounds, wherein generally specified displays of farm produce, livestock and crafts could be exhibited, and 4-H clubs and home extension work could be demonstrated. Provision is also made for the entertainment of the public with amusements of various kinds.

          FAMILY. A nonprofit household unit sharing common living, sleeping, cooking, and sanitary facilities that includes a person living alone or any of the following groups:

             A.   Any number of people related by blood, marriage, adoption, guardianship, or foster care.

             B.   Not more than three unrelated adults.

             C.   A group of no more than seven people who are "handicapped" as defined by the Fair Housing Act, 42 U.S.C. § 3606(h). Prior to occupancy of the structure, planning and building services shall be provided with proof of a record of impairment issued by a state licensed or accredited agency that provides services to persons who are "handicapped."

             D.   A FAMILY does not include rehabilitation facilities or halfway houses.

          FARM. A parcel of land used for agricultural purposes, with a minimum of ten acres in size.

          FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen, or separate areas of land.

          FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

             A.   The overflow of inland or tidal waters.

             B.   The unusual and rapid accumulation or runoff of surface waters from any source.

          FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See FLOODING.

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

          FOOD PRODUCTION MANUFACTURING, ACCESSORY. A subordinate amount of space within a retail establishment that is used as a warehouse.

          FOOT CANDLE. A measure of light falling on a given surface. One FOOT CANDLE is equal to the amount of light generated by one candle shining on a square foot surface one foot away.

          FORMS. Forms are similar uses that are categorized together and generally controlled equally through prototype site layouts, number of dwelling units, building sizes, parking, signage, transition standards, and buffer yard requirements for use in planning and design.

          FRONTAGE. The width of a lot or parcel abutting on a public right-of-way or private street measured at the front lot line.

          FROZEN FOOD LOCKER. A place where an animal is dressed and packaged, where no rendering or refining is done.

          FRUIT/VEGETABLE CANNING AND PROCESSING. A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.

          FULLY SHIELDED CUTOFF LIGHT FIXTURE. A light fixture constructed in a manner that all light emitted by the fixture is projected below the horizontal plane running through the lowest point of the fixture where light is emitted.

          FUNERAL ESTABLISHMENT. An establishment in which the dead are prepared for burial or cremation and in which wakes and funerals may be held.

          GARAGE, PRIVATE RESIDENTIAL. A residential accessory building designed or used for the storage of motor vehicles, excluding all commercial vehicles, owned and used by the occupants of the building to which it is accessory.

          GARDEN CENTER. A building or premises used primarily for the retail sale of items useful in the culture, display or decoration of lawns, gardens or indoor plants, including books, appliances and tools, but not including power tools or tractors.

          GAS DISPENSING STATION. Any building or premises that provides for the retail sale of gasoline or oil. No motor vehicle repair work or sale of auto accessories or testing may be done. Gasoline

    pumps and islands shall be located more than 16 feet from the nearest property line.

          GOLF COURSE. A tract of land laid out for at least nine holes or for a driving range for playing the game of golf, improved with tees, greens, fairways and hazards, and which may include clubhouses and shelters.

          GRADE (ADJACENT TO GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from the wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other right-of-way, the grade shall be the elevation of the sidewalk, alley, or right-of-way.

          GRAIN TERMINAL. A facility for the storage of agricultural grains.

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

          GROUNDWATER. Subsurface water that occurs in soils and geologic formations that are fully saturated.

          GROUP HOME. See COMMUNITY RESIDENTIAL HOME, HALFWAY HOUSE, and ASSISTED-LIVING CENTER.

          HALFWAY HOUSE. A temporary residential living arrangement for persons living in an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present.

          HAZARDOUS MATERIAL. Any containment and any hazardous chemical constituting a physical or health hazard as defined and classified in the building code and fire code.

          HEAVY MANUFACTURING. Those manufacturing processes that have the potential to be a nuisance due to dust, odor, noise, vibration, pollution, smoke, heat, glare, or the operation of the processes outside the building.

          HELIPORT. (See AIRPORT.) An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.

          HISTORIC DISTRICT. Properties with historic designation as referenced on the register of historic places in § 151.048 of this Code.

          HOME OCCUPATION. Any occupation carried on by a member of the immediate family residing on the premises, in accordance with the home occupation standards within DD, AD, and MD forms §§ 160.070-160.125, DD; 160.130-160.165, AD; and 160.170-160.195, MD.

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

          HOTEL, MOTEL. A facility offering transient lodging accommodations to the general public and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.

          HUMAN SERVICE FACILITY. Facilities and uses that provide an essential human purpose or services including but not limited to food, clothing, and/or medical care distribution.

          INDOOR RECREATIONAL USE/ FACILITY. See RECREATIONAL FACILITY, PRIVATE.

          JOINT ZONING JURISDICTION. Responsibility given to a legislative body of an incorporated municipality and a board of county commissioners who may then jointly exercise the comprehensive planning and zoning powers in a joint jurisdictional area beyond the municipal corporate limits.

          JUNKYARD. Any lot, land, parcel, or portion thereof used for the storage, wrecking, dismantling, salvage, collection, processing, purchase, sale, or exchange of abandoned or discarded vehicles, goods, waste, and scrap materials including but not limited to two or more abandoned or inoperable motor vehicles, glass, tires, appliances, machinery or automotive and mechanical parts. A JUNKYARD does not include operations entirely enclosed within buildings.

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

          LANDSCAPED AREA/LIVING GROUND COVER.

             A.   Ground area that is modified from a natural state and permanently devoted and maintained in turf grass, herbaceous perennials, shrubs, or flowers.

             B.   Actively growing weeds as typically declared by the county to be locally noxious and all other nonwoody plants growing to a greater height than eight inches shall not be considered living ground cover.

          LEAKS AND SPILLS. Any intentional or unintentional discharge of contaminants into the environment.

          LIGHT MANUFACTURING. See MANUFACTURING, PROCESS AND ASSEMBLY, LIGHT.

          LIGHT TRESPASS. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

          LIVE/WORK UNIT. The conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling unit and employees, with the business activities being subordinate to the residential use of the site. Live/work is distinguished from home occupation primarily in that the use involves more intensive activities and includes employees other than the residents of the dwelling.

          LIVING UNIT, ACCESSORY. A residential unit that is customary, clearly incidental, and subordinate to a principal business.

          LOADING SPACE. A space within the main building or on the same lot for the standing, loading, or unloading of trucks.

          LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

          LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lot lines excluding any public or private street rights-of-way.

          LOT, BUILDABLE. A lot occupied or intended for occupancy by a use permitted in this chapter, which may include one main building together with its accessory buildings and the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved private street.

          LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

          LOT DOUBLE FRONTAGE. A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.

          LOT FRONTAGE. The length of the front lot line measured at the street right-of-way line.

          LOT, INTERIOR. A lot other than a corner lot.

          LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

          LOT LINE, FRONT. The lot line separating a lot from a street right-of-way.

          LOT LINE, REAR. The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. In no case, shall any structure be closer than three feet to any lot line.

          LOT LINE, SIDE. Any lot line other than a front or rear lot line.

          LOT OF RECORD. A lot that is part of a subdivision or a certified survey map that has been recorded in the office of the county register of deeds, or a parcel of land, the deed to which was recorded in the office of the register of deeds prior to the effective date of this chapter. Any lot or parcel of land created through a violation of any applicable laws or ordinances of the state and the city shall not, in this instance, be considered a LOT OF RECORD.

          LUMEN. A measure of light energy generated by a light source.

          LUMINAIRE. The complete lighting assembly less the support assembly. Two or more units with lamps less than three feet apart shall be considered a single luminaire.

          MAIN BUILDING. See PRINCIPAL BUILDING.

          MANUFACTURE OF ACID, ALCOHOL, AMMONIA, ASPHALT, BLEACH, CEMENT, CHLORINE, DYESTUFFS, EXPLOSIVES, FERTILIZER, GLUE, GYPSUM, LIME, OILS, PLASTER OF PARIS, SHELLAC, SIZING, TURPENTINE, OR YEAST AND THE LIKE. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts; the manufacturing of products; and the blending of materials such as lubricating oils, plastics, resins, or liquors.

          MANUFACTURED HOME. A dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process. A MANUFACTURED HOME is designed to be towed on its own chassis or be site delivered by alternative means. Every section shall bear a data plate and label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards. This definition does not include prefabricated homes constructed under the International Residential Code (IRC).

          MANUFACTURED HOME PARK, LICENSED. A contiguous parcel of land operated as a unit, under the same ownership where two or more lots are rented for the temporary placement of manufactured homes, with all necessary facilities and services, and is licensed by the city.

          MANUFACTURING, PROCESS AND ASSEMBLY. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of components parts, the creation of products, and the blending or materials, such as oils, plastics, resins, or liquors.

          MANUFACTURING, PROCESS AND ASSEMBLY, HEAVY. Those manufacturing processes which require additional performance standards to mitigate dust, odor, noise, vibration, pollution, smoke, heat, or glare. Some aspects of these manufacturing uses may have the process carried on outside. Uses include but are not limited to: fruit and vegetable canning/processing, manufacture of acid and alcohol, stockyard-slaughter of animals, rendering, distillation of products, refining, paper manufacturing, smelting, boiler works, processing of hides or furs, grain processing, asphalt concrete plant, ready-mix concrete plant, regulated medical waste treatment facility, and manufacturing and storage electrical transformers.

          MANUFACTURING, PROCESS AND ASSEMBLY, LIGHT. Those manufacturing processes which are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat, or glare. These manufacturing uses are characterized by generally having all aspects of the process carried on within the building itself. Uses are limited to those of the WM1 form.

          MAP, OFFICIAL ZONING. The map or maps, which are legally adopted as a part of this zoning chapter, that delineate the boundaries of the zoning districts and show the location and size of public rights-of-way, public waterways, and the city limit lines.

          MEDICAL OFFICE. An establishment where patients are admitted for examination or treatment by one or more physicians, dentists, psychologists, optometrists, social workers, or other members of the healing professions and where patients are not usually lodged overnight.

          MIXED-USE DEVELOPMENT. The development of a neighborhood, tract of land, building, or structures with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, and recreation, in a compact urban form and all within walking distance.

          MORTUARY. A place for the storage of human bodies prior to their burial or cremation.

          MOTOR VEHICLE. Any vehicle that is designed to travel along the ground or in the water and shall include but not be limited to automobiles, vans, buses, motorbikes, light duty trucks under 26,000 pounds and that do not require a commercial driver's license, trailers, go-carts, golf carts, boats, snowmobiles, and campers.

          MOTOR VEHICLE, COMMERCIAL. Any vehicle that is adapted, designed, equipped, and used to perform a specific commercial function and that does not meet the definition of MOTOR VEHICLE, PERSONAL/PASSENGER, as defined herein.

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

          MOTOR VEHICLE, PERSONAL/ PASSENGER. Any car, pickup truck, motorcycle, street legal ATV, or van that is designed for and facilitates personal/passenger travel and has not been externally altered with features not customary to personal usage.

          MOTOR VEHICLE, RECREATIONAL. Any vehicle that is adapted, designed, and equipped to facilitate leisure time activities including, but not limited to, the following: ATVs, boats, snowmobiles, and motor vehicles utilized for motor vehicle racing events, along with trailers to haul the vehicles, RVs, and travel trailers.

          MOTOR VEHICLE REPAIR. Any building or premises involving the repair and/or painting of motor vehicle bodies or parts thereof and the rebuilding and/or overhauling of engines or transmissions.

          MOTOR VEHICLE SALES DISPLAY AND RENTAL. The use of any building, land area, or premises for the display, sale, or rental of new or used motor vehicles and including any warranty repair work and other repair service conducted as an accessory use. The sale or display of inoperable motor vehicles is not allowable as part of this use category. See JUNKYARD.

          MOTOR VEHICLE, SERVICE. Any vehicle built or assembled for personal passenger use that incorporates attachments in order to support service functions. A service vehicle is utilized as support for service and is not utilized to perform a specific commercial function.

          MOTOR VEHICLE SERVICE STATION. Any building or premises that provides for the retail sale of gasoline, oil, tires, batteries, and accessories for motor vehicles and/or for certain motor vehicle services, including washings, tire changing, repair service, battery service, radiator service, lubrication, brake service, wheel service and testing or adjusting of automotive parts. Motor vehicle repair work may be done at a MOTOR VEHICLE SERVICE STATION provided that no rebuilding of engines, spray paint operations or body or fender repair is conducted. Gasoline pumps and gasoline pump islands shall be located more than 16 feet from the nearest property line.

          MOTOR VEHICLE STORAGE YARD. The temporary storage of vehicles that are impounded, licensed and operable in an unroofed area.

          NATURAL DRAINAGE FACILITIES. A natural watercourse, swale, or similar depression into which surface water flows.

          NATURE PRESERVE. An area in which human activities are very limited and where the natural environment is protected from human changes.

          NATIVE LANDSCAPING. Grasses, forbs, woody plants, and other plantings that are species native to the region that when maintained in an appropriate manner do not require irrigation, fertilizer, and/or pesticides.

          NEIGHBORHOOD UTILITY FACILITY. Telephone, electric, and cable television lines, poles, and equipment; water or gas pipes, mains, and valves; sewer pipes and valves; lift stations; telephone exchanges and repeaters; and all other facilities necessary for conducting a service by a government or a public or private utility.

          NOISE LEVEL REDUCTION (NLR). Outdoor to indoor reduction to be achieved through incorporation of noise attenuation into the design and construction of the structure(s).

          NONCONFORMING USE. A use of land, buildings, structures, or premises that lawfully existed prior to the adoption, revision, or amendment to this chapter but which fails, by reason of the adoption, revision, or amendment, to conform to the present use restrictions of the zoning district in which it is located.

          NONSTANDARD USE. The category of nonconformance consisting of lots occupied by buildings or structures or uses that existed immediately prior to the effective date of this chapter that fail to comply with any of the following: minimum lot requirements for the area, density, width, front yard, side yard, rear yard, height, unobstructed open space or parking for the district in which they are located, even though the use of the premises conforms to the permitted uses within the district as set out in the provisions of this chapter.

          NURSERY, WHOLESALE/TREE FARM. The growing, cultivation, storage, and sale of garden plants, flowers, trees, and shrubs to landscapers, developers, builders, and retail nurseries/garden centers.

          NURSING HOME. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

          OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment including but not limited to medical clinics, veterinary hospital, and banks.

          OFF-SALE ALCOHOL BEVERAGE ESTABLISHMENT. Any establishment that sells any alcoholic beverage for consumption off the premises of where it was sold and that has been licensed to sell alcoholic beverages for consumption off the premises where sold as required by SDCL chapter 35-1 and Sioux Falls City Ordinances ch. 111: Alcoholic Beverages.

          ON-SALE ALCOHOL BEVERAGE ESTABLISHMENT. An establishment that includes, but is not limited to, taverns, lounges, bars, and pubs in which alcoholic beverages are served, primarily by the drink, and in which food or packaged liquor may also be served or sold and which has obtained or is eligible to obtain an on-sale alcoholic beverage license as defined in SDCL 35-1-1 and is or will be licensed to sell alcoholic beverages for consumption upon the premises where sold or provided. This use does not include accessory alcoholic beverage licenses or a full-service restaurant as provided elsewhere in this chapter.

          OPEN SPACE. Any parcel or area of land or water, essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests.

          OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and that may include such accessory structures and improvements as are necessary and appropriate.

          OUTDOOR LIGHTING FIXTURE. An outdoor illuminating device, outdoor lighting, or reflective surface, lamp, or similar device, permanently installed or portable, used for illumination or advertisement. The devices shall include, but are not limited to:

             A.   Parking lot lighting.

             B.   Building and structural lighting.

             C.   Landscape lighting.

             D.   Recreational lighting.

             E.   Billboards and other signs (advertising or otherwise).

             F.   Product display area lighting.

             G.   Building overhangs and open canopies.

             H.   Security lighting.

             I.   Searchlight, spotlight, and flood lights.

          OUTDOOR RETAIL SALES. The display and sale of products and services, primarily outside of a building or structure, including vehicles; garden supplies, flowers, shrubs, and other plant materials, gas, food and beverages, boats, motor homes, and burial monuments. This definition does not include lumberyards.

          OUTDOOR STORAGE. The keeping in an unroofed area of any goods, material, merchandise, or vehicles in the same place for more than 24 hours that are not considered under the definition of outdoor retail sales. Goods, material, merchandise, or vehicles shall not include items listed, nor be of a nature as indicated, in the definition of junkyard as defined herein.

          OWNER. The record owners of real property in fee simple including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having fee simple legal title to the land.

          PARAPET or PARAPET WALL. The portion of a building wall that rises above the roof level.

          PARCEL. A contiguous quantity of land in possession of, owned by, or recorded as property of the same claimant person or company.

          PARK, COMMUNITY/REGIONAL. An open space and tract of land owned by a government entity and available to the general public for recreational purposes that is used for a wide range of activities such as swimming pools, community centers, and athletic complexes.

          PARK, NEIGHBORHOOD. A tract of land, generally five to ten acres in size, owned by a branch of government and available to the general public for recreational purposes. These parks typically include playground equipment, playfields, parking lots, and multi-use paved areas for court games. A shared school/park site would also be allowed as a neighborhood park including a community center.

          PARKING LOT. An off-street, ground level open area that provides for parking of motor vehicles.

          PARKING, OFF-SITE. Parking provided for a specific use but located on a site other than the one on which the specific use is located.

          PARKING, OFF-STREET. Parking and storage area for a motor vehicle that is directly accessible to an access isle and that is not located on a dedicated street right-of-way.

          PARKING, ON-SITE. Temporary parking and storage provided for a specific use and located on the same parcel on which the specific use is located.

          PARKING, ON-STREET. A temporary parking and storage area for a motor vehicle that is located on a dedicated street right-of-way.

          PARKING RAMP. A building or structure consisting of more than one level and used to store motor vehicles.

          PARKING, SHARED. Joint utilization of a parking area for more than one use.

          PARKING SPACE. A hard-surfaced area, enclosed or unenclosed, sufficient in size to park one motor vehicle. A PARKING SPACE must be provided an unobstructed means of access, except as otherwise required for BED AND BREAKFAST ESTABLISHMENT.

          PARKING SPACE, INTERIOR. Commonly one of a row of like spaces in a parking lot, an INTERIOR PARKING SPACE is one that does not abut a parking lot's perimeter.

          PARKING, STALLS. Total number of parking spaces on a site that includes off-street parking spaces for customers and other parking stalls commonly used on the site for parking and outdoor storage of any motor vehicle for the sale, repair, or use of the business.

          PARTY WALL. A common wall shared by two attached structures, buildings, or dwelling units as determined by building code.

          PASSENGER TERMINAL. Including but not limited to air-passenger-associated ticket sales, restaurant/lounge and food services, retail sales and services, car rental services, motor vehicle service and gas dispensing, car wash, bus terminal, associated short-term and long-term parking lots, and other airport-related services.

          PERMITTED SPECIAL USE. See USE, PERMITTED SPECIAL.

          PERMITTED USE. See USE, PERMITTED.

          PERSONAL COMMUNICATION SERVICES (PCS). Licenses granted by the Federal Communications Commission (FCC) to build digital wireless phone networks that compete with standard cellular service.

          PHOTOMETRIC PLAN. A plan used for an approval process or construction indicating the number, location, type of luminaire, and manufacturer's specification data on proposed site lighting, both pole and building mounted.

          PLACES OF WORSHIP. A church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs. A place of worship may also include special-purpose buildings that are architecturally designed and particularly adapted for the primary use to assist with the operations of the place of worship.

          PLANNING COMMISSION. The duly designated planning board of the municipality responsible for reviewing and approving applications for development and preparation of master plans and ordinances.

          PREMISES. A lot, parcel, tract, or plot of land together with all buildings and structures thereon.

          PRINCIPAL BUILDING. A building in which is conducted the primary or predominant use of the lot on which it is located.

          PRINCIPAL USE. The primary or predominant use of any lot.

          PROCESSING. A series of manufacturing operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.

          PROPERTY LINE. See LOT LINE.

          PUBLIC ASSEMBLY FACILITY. Any facility where large numbers of individuals collect to participate or to observe programs of participation including, but not limited to, auditoriums, stadiums, and event centers.

          PUBLIC SERVICE FACILITY. Government facilities and uses that provide an essential public purpose or service including, but not limited to, a police station, judicial court, fire station, ambulance service, transit or transportation transfer station, library, community center, public recreation facility or office, but not including public utility or maintenance facilities.

          PUBLIC UTILITY FACILITIES. See NEIGHBORHOOD UTILITY FACILITY.

          QUARRY, MINING, AND MINERAL EXPLORATION. The development or extraction of a mineral from its natural occurrence or affected land. The term includes but is not limited to quarries, surface mining and surface operation, in-situ mining, the reprocessing of tailing piles, the disposal of refuse from underground mining, and milling and processing located on land described in the application for a mining permit.

          RECREATION FACILITY. An indoor or outdoor facility designed and equipped for the conduct of sports, leisure-time activities, wellness activities, and other customary and usual recreational activities, either active or passive, and open to the public with or without fees.

          RECREATION FACILITY, PRIVATE. A recreation facility operated as a business. This definition does not include amusement parks, theme parks, miniature golf facilities, and other commercial entertainment facilities that are considered general retail and services.

          RECREATION FACILITY, PUBLIC. A public recreation facility operated by a governmental agency.

          RECREATION FACILITY, SUBDIVISION. A recreation facility operated by a residential subdivision and open to the subdivision residents with or without fees.

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

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

          RECYCLING PROCESSING FACILITY. An established facility where recyclable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. No on-site sales of materials or salvage-type motor vehicles may be processed at these types of facilities. Facilities that handle recyclable hazardous materials or waste petroleum products as a primary or substantial portion of their business are not included.

          REDEVELOPMENT. The removal and replacement, rehabilitation, or adaptive reuse of an existing structure or structures, or other uses as well as provisions for streets, parks, and other public facilities.

          REGULATED MEDICAL WASTE. Any solid waste that is generated in the diagnosis, treatment, or immunization of humans or animals in research pertaining to diseases of humans or animals, or in a production or testing of biologicals. REGULATED MEDICAL WASTE shall not include medical waste generated in an individual household.

          REGULATED MEDICAL WASTE TRANSFER OR TREATMENT FACILITY. A site, including the land and any structures thereon, where regulated medical waste is accepted, transferred, stored, handled, treated, decontaminated, processed or disposed of by any method, technique or process designed to change the biological character or composition of a regulated medical waste to reduce or eliminate its potential for causing disease. REGULATED MEDICAL WASTE TRANSFER OR TREATMENT FACILITY does not include incineration facilities. This chapter is not intended to regulate the treatment of and does not permit the acceptance of chemotherapy waste, pathological waste, radioactive waste, chemical waste or hazardous material as defined in 40 C.F.R. §§ 261.1 to 261.38, inclusive.

          RESEARCH FACILITY. A facility for investigation into the natural, physical, or social sciences, which may include engineering and product development.

          RESTAURANT. An establishment where food and drink, excluding alcohol, is prepared, served, and consumed primarily within the principal building.

          RESTAURANT, FULL-SERVICE. A restaurant that is regularly used and kept open for the primary purpose of serving meals to guests for compensation and that has suitable kitchen facilities connected therewith, which contains customary commercial equipment for cooking an assortment of foods which may be required for the meals. The establishments have a separate dining area and may include a bar, cocktail lounge or other area designed primarily for the service of alcoholic beverages that operates as an accessory part of the restaurant and are licensed or is eligible to be licensed by the state of South Dakota for alcohol.

          RETAIL AND SERVICES. Establishments engaged in selling products, goods, or merchandise to the general public for personal or household consumption and establishments engaged in providing services or entertainment to the general public including restaurants, hotels, motels, repair shops, indoor amusement, copying services, health, professional, educational, and social services and other miscellaneous services, but does not include on-sale or off-sale alcoholic beverage establishments or restaurant with accessory alcohol license.

          RETAIL AND SERVICE, LIMITED. Neighborhood-friendly and pedestrian-oriented retail and services that are small in scale and include general retail and service uses that limit the impacts to the neighborhood area. Uses do not include automobile retail and services. Limited retail services include all general retail and services except day labor agency, exterminating shop, firearms dealer, memorial monuments, pawnshop, small engine repair, tattoo and body piercing parlor, adult use, tobacco shop, primary on-sale and off-sale liquor, nightclub, hotel, bus passenger terminals, or reception hall.

          RETAIL AND SERVICES, GENERAL. All retail and services except motor vehicle retail and services as defined within this chapter.

          RETAIL AND SERVICES, MOTOR VEHICLE. Motor vehicle-dominated retail and service uses including but not limited to fast food restaurants, motor vehicle service stations, convenience store, car washes, vehicle sales and service, drive-in theater, bus passenger terminal, motor vehicle sales, repair and display, personal passenger vehicle repair, sales, and service.

          RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, sidewalk, alley, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.

          RIGHT-OF-WAY LINES. The lines that form the boundaries of a right-of-way.

          ROOF. The uppermost covering of a building.

          ROOF, PITCHED. A roof with a slope.

          SALVAGE OPERATION, SCRAP PROCESSING OPERATION, AND SALVAGE MATERIAL. A facility where salvageable materials are collected and/or processed for shipment off site, including processing operations such as grinding or crushing of the materials. Facilities that handle recyclable hazardous materials or waste petroleum products as a primary or substantial portion of their business are not included. A SALVAGE OPERATION does not include operations entirely enclosed within buildings.

          SALVAGEABLE MATERIALS. Materials or products from dismantled, nonoperating or wrecked motor vehicles, trucks, trailers, equipment, machinery, mobile homes, tractors, farm machinery, appliances or other vehicles or parts thereof, as well as scrap metals including iron, steel and any other metallic material except recyclable material as defined herein.

          SANITARY LANDFILL. A planned method of solid waste disposal in which the solid waste is spread in thin layers, compacted to reduce its volume, and covered with earth. A rubble site shall also be defined as a sanitary landfill.

          SANITARY SEWER AND WATER, PUBLIC. Any system other than an individual septic tank, tile field, or individual well, that is operated by a municipality, government agency, or a public utility for the collection, treatment, and disposal of wastes and the furnishing of potable water.

          SCHOOL. Any building or part thereof that is designated, constructed, or used for education or instruction in any branch of knowledge.

          SCHOOL, ELEMENTARY. Any school that is licensed by the state and meets the state requirements for elementary education.

          SCHOOL, MIDDLE OR HIGH SCHOOL. Any building or part thereof, whether public or private, which is designed, constructed, and licensed by the state for middle or junior high school grades and/or secondary (high school) education.

          SEASONAL ROADSIDE STANDS. A temporary structure that is not permanently affixed to the ground and is readily removable in its entirety that is used solely for the display or sale of farm products produced on the premises upon which the roadside stand is located. No ROADSIDE STAND shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.

          SELF-STORAGE FACILITY. A building or group of buildings containing separate individual and private storage spaces of varying sizes available for lease or rent for varying periods of time. This definition does not include a contractor's shop.

          SELF-STORAGE FACILITY, RESIDENTIAL-COMPATIBLE. A self-storage facility that is designed and constructed in a manner that is compatible with the residential buildings in the area based upon the standards of this zoning chapter.

          SENSITIVE LAND USES. Uses that need to be separated by a reasonable distance from certain incompatible uses. SENSITIVE LAND USES include all DD and AD forms and the following uses: churches, schools, day care, public use facilities, and parks.

          SETBACK/SETBACK LINE. The line that is the required minimum distance from any lot line to the building line that establishes the area within which the principal structure must be erected or placed. See BUILDING LINE.

          SIGN. Any object, device, display or structure, or part thereof, situated outdoors or visible from outdoors, that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This definition does not include national or state flags or their emblems or insignia, interior window displays, athletic scoreboards or the official announcements or signs of government.

          SIGN, ABANDONED. A freestanding or wall sign that is located on property that has been vacant for a period of six months or more.

          SIGN, ANIMATED. Employing action, motion or the illusion of motion.

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

          SIGN, AUTOMOTIVE FLUID DISPENSER. Any advertising sign that is attached to an automotive fluid dispenser.

          SIGN, BANNER. A sign composed of cloth, canvas, fabric, or other lightweight material secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.

          SIGN, BLINKING OR FLASHING. Sign where the light illumination alternates suddenly between fully illuminated and fully nonilluminated in a time frame less than four seconds.

          SIGN, BUILDING. A sign which is attached to the exterior of a structure or building.

          SIGN, CONSTRUCTION. A temporary sign which identifies the contractors and subcontractors within the construction site.

          SIGN, ELECTRONIC MESSAGE. Signs containing a computer or digital software generated message or other automated or remote method of changing copy.

          SIGN FACE (DISPLAY SURFACE). The entire area of sign on which copy could be placed. See SIGN AREA.

          SIGN, FADE OR DISSOLVE. A sign where the transition between static message displays are achieved with varying light intensity, where the first message or image gradually reduces light intensity to the point of not being legible, and the subsequent message or image gradually increases intensity to the point of legibility.

          SIGN, FREESTANDING SIGN (GROUND SIGN). A sign supported by one or more uprights, poles, or braces in the ground, thereby freestanding, and not attached to any building.

          SIGN, GAS PUMP TOPPER. A sign enclosed within a rigid frame which is attached to the top of or adjacent to the gas pump.

          SIGN, GROUND. See SIGN, FREESTANDING.

          SIGN, HOME OCCUPATION. A nonilluminated sign not over one square foot in area attached flat against the dwelling and displaying only the occupant's name and/or address and/or occupation.

          SIGN, ILLUMINATED. Any sign characterized by the use of artificial light, either projecting through its surface or reflecting off its surface.

          SIGN, INFLATABLE. A portable sign which through the use of a gas allows it to remain inflated.

          SIGN, INTEGRAL. Permanent signs which are an integral part of the building's structure, such as the names of buildings, dates of erection, monumental citations, commemorative tablets, and the like.

          SIGN, JOINT TENANT IDENTIFICATION SIGN. Freestanding sign, on common area within an employment center, which identifies the tenants within the center.

          SIGN, MONUMENT. A ground-mounted, freestanding sign which is attached to the ground or to its base on grade by a solid structure and which structure extends from the ground or base to the sign face at the same or greater width as the sign face.

          SIGN, MURAL. A sign painted directly onto the surface of a building wall with no words or graphics advertising a business, product, or service.

          SIGN, NONCONFORMING. Any type of sign that lawfully existed prior to the adoption, revision, or amendment to this title but which fails, by reason of such adoption, revision, or amendment, to conform to the present use restrictions of the zoning district in which it is located.

          SIGN, NONINFLATABLE. A portable sign that is displayed by protruding from the ground, such as spinners, wind feathers, or other light weight material, that allows movement.

          SIGN, NONRESIDENTIAL IDENTIFICATION. In any nonresidential form, a masonry wall, landscaping, and other similar material or feature may be combined to form a permanent display for campus or tract identification.

          SIGN (OFF-PREMISES). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

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

          SIGN, PAINTED WALL. A sign painted directly on the surface of a building wall.

          SIGN, PARASITIC. A sign affixed to a sign structure that is in addition to signs specifically designed for the sign structure.

          SIGN, PENNANTS. Any geometric-shaped cloth, fabric, or other lightweight material normally fastened to a stringer and limited to a maximum sign area of one square foot per pennant that is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere.

          SIGN, PERMANENT. Signs that exist perpetually; everlasting, especially without significant change.

          SIGN, POLE. A freestanding sign attached or suspended from a pole, post, pylon, or pier, which is embedded in the ground. Typically, the poles are left exposed; however, this definition applies even when the poles are skirted or cladded.

          SIGN, POLITICAL CAMPAIGN. A temporary sign relating to a public election.

          SIGN, PORTABLE. Any sign not permanently attached to the ground or building.

          SIGN, PROJECTING. A sign that is attached to and projects from a structure or building face.

          SIGN, REAL PROPERTY FOR SALE, RENTAL, OR LEASE. A temporary sign which is used exclusively to announce property for sale, rental, open house, or lease of the structure or property on which it is installed.

          SIGN, RESIDENTIAL IDENTIFICA- TION. In any residential form, a masonry wall, landscaping, and other similar material or feature may be combined to form a permanent display for neighborhood or tract identification.

          SIGN, ROOF. Any sign erected upon, against, or directly above a roof or on top of the parapet of a building.

          SIGN, SANDWICH BOARD. A sandwich board sign, which consists of a portable two-sided A-frame-type sign hinged at the apex to be folded into a sandwich position when transported or stored.

          SIGN, SCROLLING OR TRAVELING. A mode of message transition on an electronic message sign where the message appears to move vertically or horizontally across the display surface.

          SIGN STRUCTURE. Any structure which supports, has supported, or is capable of supporting a sign.

          SIGN, TEMPORARY. A device, display, structure, or pennant that acts as a sign and is intended to be displayed for a limited time period.

          SIGN, TRAFFIC DIRECTION. Signs directing traffic movement onto and out of commercial, industrial, institutional, office, apartment, and manufactured home park uses.

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

          SIGN, WINDOW. A sign attached or adhered within a window frame which is used to advertise, identify, display, direct, or attract attention.

          SIZE, MAXIMUM. The greatest number of either units or largest amount of gross floor area (gfa) allowed for certain form regulations.

          SLAUGHTERHOUSE. A facility for the slaughtering and processing of animals and the refining of their byproducts.

          SOLID WASTE TRANSFER FACILITY. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site. This does not include an infectious waste incineration facility.

          SPECIFIED ANATOMICAL AREAS.

             A.   Less than completely and opaquely covered:

                1.   Human genitals, pubic region.

                2.   Buttock.

                3.   Female breast below a point immediately above the top of the areola.

             B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

          SPECIFIED SEXUAL ACTIVITIES.

             A.   Human genitals in a state of sexual stimulation or arousal.

             B.   Acts of human masturbation, sexual intercourse, or sodomy.

             C.   Fondling or other erotic touching of undraped human genitals, pubic region, buttock, or female breast.

          STABLE. Any premises 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.

          STEALTH. For freestanding telecommunications towers, it is the ability to blend into the context of the surrounding environment at a given location. For antenna support structures, STEALTH is the ability to camouflage or conceal the presence of wireless communication facilities.

          STOCKYARDS. A facility for the temporary confinement and marketing of animals.

          STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused 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 grade as defined herein at any point, the basement cellar or unused under-floor space shall be considered a STORY.

          STREET. Any vehicular way whether improved or unimproved that currently or will in the future afford the principal means of access to abutting property that includes the following: (1) an existing state, county, or municipal roadway; (2) a vehicular way shown on a plat approved pursuant to law; (3) a vehicular way approved by other official action; and (4) a vehicular way shown on a plat duly filed and recorded in the office of register of deeds.

          STREET, ARTERIAL. A principal traffic artery, more or less continuous across the city, that acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.

          STREET COLLECTOR. A street that carries traffic from local streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in the development.

          STREET, LOCAL. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities, but not intended to be used for through traffic.

          STREET, PRIVATE. A street in private ownership not dedicated or maintained as a public street by a municipality or other government entity.

          STRUCTURAL ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or in the dimensions or configurations of the roof or the exterior walls.

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

          TANK FARM. An open air facility containing a number of aboveground, large containers for the bulk storage in liquid, gaseous, powder, or pellet forms.

          TELECOMMUNICATIONS. Science and practice of transmitting information by electromagnetic means. A wide variety of information can be transferred through a telecommunications system, including voice and music, still-frame and full-motion pictures, computer files and applications and telegraphic data.

          TELECOMMUNICATIONS DATA STORAGE FACILITY. A self-supporting facility used to store data sent and received by telecommunications not requiring on-site staff to operate or maintain the storage of the data.

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

          TELECOMMUNICATIONS TOWER HEIGHT. The vertical distance above grade to the highest point of the telecommunications tower, including the base pad and any antenna.

          TELECOMMUNICATIONS TOWER SITE. The lot of record for which the telecommunications tower is located.

          TEMPORARY OR EMERGENCY SHELTER.

             A.   A facility providing refuge to persons who require physical, social, or psychological therapy and counseling to assist them in overcoming physical or emotional problems which includes, but is not limited to, missions, shelters, or detoxification centers.

             B.   Exception: All temporary or emergency shelter facilities associated with a declared state of emergency by local, state, or federal government are exempt.

          TOPPING. The indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role.

          TREE, REQUIRED. A tree that is required by this chapter and meets or exceeds the following minimum specifications according to tree type.

          TRUCK, HEAVY DUTY OR SEMI. Any truck with over a 26,000-pound gross vehicle weight rating and that requires a commercial driver's license.

          TRUCK TERMINAL. An area and building where trucks load and unload cargo, store cargo and freight, break down cargo and freight into smaller or larger loads for transfer to other vehicles or modes of transportation, and where minor maintenance of these types of vehicles is performed.

          USE. The purpose or activity for which land or buildings are designed, arranged, or intended.

          USE, ACCESSORY. See ACCESSORY BUILDING OR USE.

          USE, CONDITIONAL. A use that because of its unique or varying characteristics cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this chapter, of the impact of the use upon neighboring land and of the public need for the particular use at a particular location, the CONDITIONAL USE may or may not be granted.

          USE, PERMITTED. A use that may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of the form in which the use is located.

          USE, PERMITTED SPECIAL. A permitted use that must comply with additional special requirements including restriction and specific siting and transition mitigation standards.

          USE, PRINCIPAL. A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE includes off-premises advertising.

          VARIANCE. Permission to depart from the literal requirements of a zoning ordinance.

          VETERINARY HOSPITAL. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use and all kenneling is indoors.

          WAREHOUSE. A building used primarily for the storage of goods and materials.

          WAREHOUSE, ACCESSORY RETAIL. A subordinate amount of space within a retail establishment that is used as a warehouse.

          WAREHOUSE AND FREIGHT MOVEMENT, HEAVY. Those warehousing and freight movement operations which require additional performance standards to mitigate dust, odor, noise, vibration, pollution, smoke, heat, or glare. Some aspects of these manufacturing uses may have the process carried on outside. Uses include but are not limited to: unscreened outdoor storage, salvage operation, solid waste transfer facility, grain terminal, junkyard, tank farm, petroleum terminal, truck terminal, or regulated medical waste transfer facility.

          WAREHOUSE AND FREIGHT MOVEMENT, LIGHT. Those warehousing and freight movement operations which typically have all storage contained within a building and/or are not obnoxious due to dust, odor, noise, vibration, pollution, smoke, heat, or glare. Uses include but are not limited to: recycling collection facility, contractor's shop/storage yard, wholesale trade, frozen food locker, warehouse, telecommunications data storage facility, self-storage, camper sales and service, manufactured housing sales, motor vehicle storage yard, farm implement sales and service, semi-truck and heavy duty truck sales and service, and heavy duty truck and bus washes, and outdoor storage when screened or mitigated as required in WM1 form standards.

          WASTE. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations, or from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, being 33 U.S.C. § 1342, as amended to January 1, 1986, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, being 42 U.S.C. §§ 2011 et seq., as amended to January 1, 1986.

          WATER AND WASTEWATER TREATMENT PLANT. A facility for the treatment of a public water or wastewater. See SANITARY WASTEWATER AND WATER, PUBLIC.

          WATER TOWER. A water storage facility, usually, above ground and often spherical or cylindrical in shape.

          WHOLESALE MERCHANDISING; WHOLESALE TRADE. Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, the individuals or companies.

          WIND ENERGY CONVERSION SYSTEM (WECS). Any mechanism or device designed for the purpose of converting wind energy into electrical or mechanical power.

          WIRELESS COMMUNICATIONS FACILITIES. Any cables, wires, lines, wave guides, antennas, antenna arrays and any other equipment associated with the transmission or reception of telecommunications signals that a person seeks to locate or have installed upon or near a telecommunications tower or antenna support structure.

          YARD. Open space that lies between the principal building or buildings and the nearest lot line.

          YARD, FRONT. A yard across the full width of the lot extending from the front line of the principal building to the front line of the lot.

          YARD LINE. See BUILDING LINE.

          YARD, REAR. A yard across the full width of the lot between a principal building and the rear lot line.

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

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

          YARD, REQUIRED REAR. The REQUIRED REAR YARD shall extend across the rear of a lot between the property lines. On corner lots, the REQUIRED REAR YARD may be to the rear of either street. On interior lots, the REQUIRED REAR YARD shall, in all cases, be at the opposite end of the lot from the front yard.

          YARD, REQUIRED SIDE. The REQUIRED SIDE YARD shall extend between the required front yard line and the required rear yard line. There shall only be one REQUIRED SIDE YARD on a corner lot.

          YARD, SIDE. A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.

          ZONE. See ZONING DISTRICT.

          ZONING DISTRICT. A specifically delineated area or district of the city or its joint zoning jurisdiction within which regulations and requirements uniformly govern the use, placements spacing and size of land and buildings.

          ZONING MAP. The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts.

          ZONING PERMIT. A document signed by a zoning officer, as required in the zoning ordinance, as a condition precedent to the commencement of a use, substantial change of use, or erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom. Where a building permit is required a zoning permit shall be included as a part of the building permit.

(1992 Code, App. B,§§ 15.03.010, 15.03.020) (Ord. 42-83, passed 6-27-1983; Ord. 69-84, passed 4-23-1984; Ord. 29-87, passed 5-4-1987; Ord. 5-88, passed 1-18-1988; Ord. 72-88, passed 8-1-1988; Ord. 121-88, passed 12-19-1988; Ord. 41-89, passed 5-15-1989; Ord. 71-89, passed 7-31-1989; Ord. 30-90, passed 4-20-1990; Ord. 46-90, passed 5-21-1990; Ord. 55-90, passed 6-4-1990; Ord. 5-91, passed 1-7-1991; Ord. 55-91, passed 7-1-1991; Ord. 79-91, passed 10-21-1991; Ord. 74-92, passed 8-3-1992; Ord. 58-93, passed 7-19-1993; Ord. 20-94, passed 3-7-1994; Ord. 51-94, passed 6-6-1994; Ord. 81-94, passed 9-6-1994; Ord. 103-94, passed 11-21-1994; Ord. 94-95, passed 7-3-1995; Ord. 27-96, passed 3-4-1996; Ord. 39-96, passed 4-1-1996; Ord. 5-97, passed 1-21-1997; Ord. 9-97, passed 2-3-1997; Ord. 41-97, passed 6-2-1997; Ord. 17-98, passed 2-2-1998; Ord. 3-99, passed 1-4-1999; Ord. 4-99, passed 1-4-1999; Ord. 16-99, passed 2-16-1999; Ord. 24-99, passed 3-1-1999; Ord. 35-99, passed 3-15-1999; Ord. 70-99, passed 7-6-1999; Ord. 115-99, passed 11-1-1999; Ord. 1-00, passed 1-3-2000; Ord. 15-00, passed 3-6-2000; Ord. 75-01, passed 8-6-2001; Ord. 87-01, passed 10-1-2001; Ord. 97-01, passed 11-5-2001; Ord. 20-03, passed 3-3-2003; Ord. 32-04, passed 3-8-2004; Ord. 85-04, passed 9-7-2004; Ord. 108-04, passed 11-1-2004; Ord. 21-05, passed 3-7-2005; Ord. 121-05, passed 11-21-2005; Ord. 128-05, passed 12-19-2005; Ord. 40-06, passed 4-3-2006; Ord. 106-06, passed 9-5-2006; Ord. 02-07, passed 1-2-2007; Ord. 13-07, passed 1-16-2007; Ord. 76-07, passed 6-4-2007; Ord. 107-07, passed 7-2-2007; Ord. 129-07, passed 8-6-2007; Ord. 130-07, passed 8-6-2007; Ord. 01-08, passed 1-7-2008; Ord. 60-08, passed 5-12-2008; Ord. 93-08, passed 7-21-2008; Ord. 109-09, passed 12-7-2009; Ord. 112-09, passed 12-21-2009; Ord. 37-10, passed 5-3-2010; Ord. 9-11, passed 3-7-2011; Ord. 3-12, passed 1-3-2012; Ord. 35-12, passed 6-5-2012; Ord. 91-12, passed 12-4-2012; Ord. 9-13, passed 3-19-2013)