Table of Contents

City Officials...................................................................................................................... Page III

Adoption Procedures and Required Documentation...................... ............................ Page IV

Affidavit of Planning Commission Public Hearing Notice............................ ......................... Page V

Minutes of Planning Commission Hearing.............................................................................. Page VI

City Council Minutes Acknowledging Receipt of Planning Commission’s Proposed Zoning Ordinance......................................................................................................................................... Page VII

Affidavit of City Council Public Hearing Notice.................................................................. Page VIII

Public Hearing Minutes of First Reading of Ordinance........................................................ Page IX

Minutes of Second Reading of Ordinance with Resolution of Adoption............................... Page X

Planning Commission Summary with City Attorney Approval.............................................. Page XI

Affidavit of Publication of Notice of Adoption.................................................................... Page XII

District Lot Requirements................................................................................................... Page XIII

Official Zoning Map........................................................................................................... Page XIV

CHAPTER 1

DEFINITIONS

Definitions

For purposes of this ordinance, certain terms are defined as follows:

Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory and not directory. The word “may” is permissive. The word “person” includes an individual, all partnerships, associations, and bodies political and corporate. The word “lot” includes the word “plot” or “parcel” or “tract”. The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended”, “arranged”, or “designed to be used or occupied”.

Abut - Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

Accessory Building - A subordinate building, the use of which is purely incidental to the main building, is less than one hundred (100) percent of the area of the largest floor of the principal building, and is unattached from the principal building at least six (6) feet.

Accessory Use - A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal uses.

Actual Construction - The placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially commenced, preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

Addition - Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room.

Agriculture - The tilling of the soil, the raising of crops, horticulture and gardening, but not including keeping or raising of large domesticated animals, similar animals or fowl, except household pets, and not including any agricultural product processing facility or similar uses.

Agriculture (County) - The planting, cultivating, harvesting and storage of grains, hay or plants, fruits, or vineyards along with the raising and feeding of livestock and/or poultry shall be considered an agricultural use if:

The volume of livestock does not constitute an Animal Feeding Operation as defined herein; and

The proposed operation complies with Chapter 11, Article 4 of the Winner City Ordinance.

An animal feeding operation primarily for the growing and/or finishing of livestock is not considered an agricultural use. Grain elevators or Agricultural Product Processing Facilities shall not be considered an agricultural use if such use constitutes the main or principal use on a lot or parcel.

Agriculture Product Processing Facility - A business activity customarily designed to process raw agricultural products into value added products. Agricultural processing facilities include, but are not limited to, feed mills, ethanol plants, soybean processing, packing plants and rendering facilities.

Airport - The Winner Municipal Airport (Wiley Field) located north of the City of Winner.

Airport Elevation - The established elevation of the highest point on the usable landing area, which is established to be two thousand thirty-two (2,032) feet above main sea level.

Airport Hazard - Any structure or tree or use of land that obstructs the airspace required for, or is otherwise hazardous, to the flight of aircraft in landing or taking off at the airport. Any use of land that is hazardous to persons or property because of its proximity to the airport.

Airspace Zone, Primary - All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending two hundred (200) feet beyond each end of a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is two hundred fifty (250) feet.

Airspace Zone, Horizontal - All that land which lies directly under an imaginary horizontal surface one hundred fifty (150) feet above the established airport elevation, or a height of two thousand one hundred eighty eight (2,188) feet above mean sea level, the perimeter of which is constructed by swinging arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

Airspace Zone, Conical - All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.

Airspace Zone, Non-instrument Approach - All that land which lies directly under an imaginary non-instrument visual approach surface longitudinally centered on the extended centerline at the end of each landing strip. The inner edge of the non-instrument approach surface is at the width and elevation as, and coincides with, the primary surface. The non-instrument approach surface inclines upward and outward at a slope of twenty to one (20:1), expanding uniformly to a width of one thousand two hundred fifty (1,250) feet, and then continuing at the same rate of divergence to the periphery of the conical surface.

Airspace Zone, Transitional - All that land which lies directly under an imaginary transitional surface extending upward and outward and right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) form the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface.

Alley - A way which affords only a secondary means of access to abutting property.

Animal Feeding Operation - An animal feeding operation is a facility where more than one thousand (1,000) animal units are confined, stabled, fed, or maintained in either an open or housed lot for a total of 45 days or more in any 12-month period. The open lot does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. Two or more facilities under common ownership are a single animal operation if they adjoin each other (within one mile), or if they use a common area or system for the disposal of manure.

Apartment - A portion of a multi-family dwelling used as a separate housing unit and having cooking facilities and a private bath.

Applicant - For purposes of this Ordinance a person shall be deemed to be an applicant if they are the owner of the proposed facility; an officer or director of the owner thereof; or an owner of any interest, direct or indirect, in any company, except a publicly traded company, which is the owner of the proposed development.

Arcade - A place of business where an individual, association, partnership or corporation maintains four or more amusement devices for public use.

Bar - A building or part thereof where, in consideration of payment therefor, liquor, beer, or wine or any combination thereof are served for consumption on the premises, with or without food.

Basement - A portion of a building with the floor located below the mean grade level. For the purpose of this ordinance, any such basement with more than four (4) feet above grade level shall be counted as a story. No dwelling unit shall be situated in a basement having less than four (4) feet above grade level.

Billboard - See Sign, Off-Site.

Block - The property abutting on one side of a street and lying within the two nearest intercepting or intersecting streets or lying within the nearest intercepting streets and unsubdivided acreage or railroad right-of-way.

Board of Adjustment - The City Council shall serve as the Board of Adjustment.

Buildable Area - The portions of a lot remaining after required yards and setbacks have been provided.

Building - Any structure for the shelter, support, or enclosure of persons, animals, chattels or property of any kind, and when separated by common, shared walls without openings, each portion of such building so separated shall be deemed a separate building.

Building Setback Lines - A line parallel or approximately parallel to the lot lines at a specified distance therefrom, marking the minimum distance from the lot line that the building may be erected.

Building, Height of - The vertical distance from the average elevation of the finished grade at the building line to the highest point of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable or gambrel, hip or pitch roof.

Building, Principal - A building in which is conducted the main use of the lot on which said building is located.

Building Line, Front - A line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.

Bus Depot - A building or premises where commercial motor vehicles pick up and discharge fare-paying, passengers. Accessory uses may include ticket offices, luggage checking facilities and similar uses.

Camper - See Travel Trailer.

Campground - An area of land, managed as a unit, providing short term accommodation for tents, tent trailers, travel trailers, recreational vehicles, campers, and cabins.

Car Wash - An establishment having facilities for washing motor vehicles by production line methods which may include a conveyor system or similar mechanical devices. This definition may also include a self-service operation.

Carport, Detached - A roof with no side walls used as a shelter or storage of vehicles that is not attached to any structure.

Cemetery - Land that is set apart or used as a place for the interment of the dead or in which human bodies have been buried. “Cemetery” may include a structure for the purpose of the cremation of human remains and may include facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments.

Church - A building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.

Clinic - A building or part of a building used solely for the purpose of consultation, diagnosis and treatment of patients by one or more legally qualified physicians, dentists, optometrists, podiatrists, chiropractors, or drugless practitioners, together with their qualified assistants, and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associate with the clinic, but shall not include accommodation for in-patient care or operating rooms for major surgery.

Club - A building owned, leased, or hired by a non-profit association of persons the use of which is generally restricted to due-paying members and their guests. Such club may periodically be rented, or leased, to non-members for gathering such as weddings, anniversaries, and dances, but no portion of the building shall continuously be used for business purposes.

Company - For purposes of this ordinance the term, “company’ includes, but is not limited to, any corporation, partnership, limited liability company, limited liability partnership, limited partnership, business trust and any other business entity.

Comprehensive Plan - Any legally adopted part or element of the City of Winner Comprehensive Plan or any subsequent amendment.

Conditional Use - A conditional use is a use that would not be appropriate, generally or without restriction, throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, convenience, appearance, prosperity or general welfare. Such uses may be permitted in said zoning district as conditional uses, if specific provision for such conditional use is made in this Ordinance. The term conditional use shall be synonymous with special exception, but shall no include the term variance.

Congregate Housing - A residential facility for elderly persons (age 60 or older) within which are provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social, medical, and counseling appointments.

Contiguous - Next to, abutting, or touching and having a boundary, or portion thereof, which is adjoining.

Contractor - The person who contracts with an individual or Developer to construct a building or structure on a parcel of land prepared by an individual or Developer.

Covenant - An agreement, convention, or promise of two or more parties, by deed in writing, signed and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done. The term is currently used primarily with respect to promises in conveyance or other instruments relating to real estate.

Convenience Store - A retail store in which articles for sale are restricted to a limited range of items such as milk, bread, soft drinks, malt beverages, include beer and wine coolers (on and off sale), ice cream, canned and bottled goods, snacks and candy, meat, and to complement such items may include the limited sale of magazines, books and records, housewares, toiletries, stationary, tobacco products and motor fuel.

Court - Any open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building.

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

Day Care Center - A facility for the care and supervision of twenty-one (21) or more children on a regular basis for part of a day as a supplement to regular parental care. Any type of group day care programs including nurseries for children of working parents, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for pre-school children, programs covering after-school care for school children provided such establishment is licensed by the State and conducted in accordance with State requirements.

Day Care, Family - The provision of regular care and supervision of no more than twelve (12) children including the provider’s own children who are under the age of six (6) years for part of a twenty-four (24) hour period as a supplement to regular parental care.

Day Care, Group Family Home - The provision of regular care and supervision of thirteen (13) to twenty (20) children either in the provider’s home or in a facility outside the provider’s home for part of a twenty-four (24) hour period as a supplement to regular parental care.

Deck - A structure abutting a dwelling with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.

Developer - The owner of the property being platted or replatted or the person designated by the owner as being responsible for the development of the property. The terms “subdivider” and “developer” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope and purview of this Ordinance. The developer shall also be defined as the builder or contractor if they are responsible for the construction of buildings and/or structures or permanent improvements.

Dormitory - A building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.

Due Diligence - Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances; not measured by any absolute standard, but depending on the relative facts of the special case.

Dwelling - A building or portion thereof, occupied exclusively as the residence of one (1) or more persons with each family having individual sleeping, cooking, and toilet facilities.

Dwelling Unit - Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities, which are used or intended to be used for living, sleeping, cooking, and eating.

Dwelling, Efficiency Unit - A dwelling unit having only one (1) room exclusive of bathroom, compartments, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining alcove. An efficiency unit shall be permitted in a multiple-family dwelling.

Dwelling, Multi-Family - A residential building designed for, or occupied by, three (3) or more families living independently of each other with separate sleeping, cooking, and toilet facilities. The number of families in residence not to exceed the number of dwelling units provided.

Dwelling, Single-Family - A detached residential dwelling unit other than a manufactured or modular home, designed for and occupied by one (1) family.

Dwelling, Two-Family - A residential building, other than a manufactured or modular home, designed for and occupied by two (2) families living independently of each other with separate sleeping, cooking, and toilet facilities. The number of families in residence not to exceed the number of dwelling units provided.

Easement - Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of their property. For the purposes of this Ordinance the term shall primarily be used to describe utility access.

Employee(s) - In regard to off-street parking requirements, all who work in the enterprise, including owners.

Essential Services - See Utility Facilities.

Exhibition Areas - A building, group of buildings, or place where art, objects, articles, or livestock or agricultural projects are placed on display or sold to the public.

Existing Mobile Home Park - Any site, lot, field, or tract of land upon which three (3) or more occupied mobile homes are parked and connected to utilities, either free of charge or for revenue purposes, and shall include any buildings, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of such mobile home park.

Family - Any number of individuals living together as a single housekeeping unit, in which not more than five (5) individuals are unrelated by blood, marriage or adoption. This definition shall not include foster families as regulated by the State of South Dakota.

Farm, Ranch, Orchard - An area of not less than twenty (20) acres of unplatted land, or is a part of a contiguous ownership of not less than eighty (80) acres of unplatted land, which is used for growing usual farm products, vegetables, fruits, trees, and grain, and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, hogs and sheep, and including the necessary accessory uses for raising, treating, and storing products raised on the premises; but excluding an Animal Feeding Operation.

The processing and storage of raw agricultural products, such as grain elevators and ethanol plants, shall not be considered a farm, ranch, or orchard if such constitutes the main or principal use on the lot or parcel.

Farm, Hobby - An activity carried out in rural residential areas, which includes the planting, cultivating, harvesting and storage of grains, hay, plants, fruits, or vineyards.

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

Financial Institutions - The premises of a bank, trust, finance, mortgage, or investment company.

Flammable or Combustible Liquids, or Hazardous Material - Flammable material is any material that will readily ignite from common sources of heat, or that will ignite at a temperature of 600F or less. Flammable liquid is any liquid having a flash point below 100F and having vapor pressure not exceeding forty (40) pounds per square inch (absolute) at 100F. Combustible liquid is any liquid having a flash point at or above 100F. Hazardous material includes any flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hyperbolic materials, pyrophoric materials, and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means.

Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of wetlands, lakes, streams, tributaries, or other water bodies; and/or

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

Flood Hazard Boundary Map (FHBM) - The official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A.

Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without an accumulative increase in the water surface.

Floor Area - The square feet of floor space within the outside line of walls including the total of all space on all floors of a building. Floor area shall not include porches, garages, or space in a basement or cellar, which is used for storage or incidental use.

Food Product Processing Facility - A commercial establishment in which food or food-related products are processed, packaged, or otherwise prepared for human consumption but not consumed on the premises.

Garage - An accessory building or portion of a building including a carport which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to the residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use.

Garage, Public - A building or portion thereof used for the housing or care of motor vehicles for the general public or where such vehicles are equipped or repaired for remuneration or kept for hire or sale. This may include premises commonly known as “gasoline stations” or “service stations”.

Gasoline Station - Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, and oil or other lubrication substances; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning such vehicles.

Golf Course - A public or private area operated for the purpose of playing golf, and includes a par 3 golf course, clubhouse and recreational facilities, accessory driving ranges and miniature golf courses, and similar uses.

Grade - The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

Grain Elevator - Grain storage facilities, which are the principal and primary use of the lot. Said facilities are generally equipped with devices for housing and discharging significant quantities of grain. This definition does not include normal farm product storage and warehousing facilities such as grain bins and where such storage is an accessory use to the parcel.

Greenhouse, Commercial - A building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail.

Height - For the purpose of determining the height limits in airport zones, the datum shall be mean sea level elevation, unless otherwise specified.

Home Occupation - A business activity customarily carried on in the home by a member of the occupant's family:

1. That does not occupy more than twenty-five (25) percent of the dwelling;

2. Without structural alterations in the building or any of its rooms;

3. Without the installation or outside storage of any machinery, equipment or material other than that customary to normal household operations;

4. Without the employment of persons not residing in the home; and

5. Which does not cause the generation of traffic in excess of that experienced on an average street of similar design, noise, electrical interference, fumes, odors, etc.

Horticulture - The science or art of cultivating fruits, vegetables, flowers, and plants.

Hospital - An institution devoted primarily to the operation of facilities of the diagnosis, treatment and cure of disease, illness, injury, or other abnormal physical conditions with provisions for keeping patients overnight.

Hotel - An establishment of transient guests having sleeping rooms for more than six (6) persons for compensation and may or may not provide meals.

Institution - A building or premises occupied by a non-profit corporation or establishment for public use.

Junkyard - A place where nonrecyclable wastes, having no economic value, or waste which is recyclable, but has no chance of being recycled is deposited. See also Salvage Yard.

Kennel - Any place where two (2) or more dogs, cats, or other domesticated animals of breeding age are housed, groomed, bred, boarded, trained, harbored, kept, or sold for commercial purposes.

Landing Area - The area of the airport used for landing, taking off, or taxiing of aircraft.

Landing Strip - Any grass or turf covered area of the airport specifically designated and used for the landing and/or take-off of aircraft. See Runway.

Loading Area - A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Locker - A meat processing plant and any other facility where meat, poultry, or eggs are cooked, cured, smoked or otherwise processed or packed, provided that all activities are carried out indoors. This term shall not include a stockyard, slaughterhouse, tannery, a poultry killing establishment, an animal food factory, or an animal by-products plant.

Lot - A tract, plot, or portion of subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

Lot Area - The area of a horizontal plane bounded by the front, side, and rear lot lines.

Lot Coverage - The percent of the area of a lot occupied by buildings, or structures, including accessory building or structures.

Lot Frontage - The front of a lot shall be construed to be the portion nearest the street or where addressed. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards as defined herein.

Lot Frontage, Pie Shaped - A lot usually abutting a cul-de-sac. For the purpose of determining frontage, said distance shall be measured perpendicularly to the said lot lines at a point thirty (30) feet from the front line.

Lot Line - Any boundary line of a lot.

Lot Line, Exterior - The side lot line, which abuts the street on a corner lot.

Lot Line, Front - The front lot line is customarily defined by the street right-of-way.

Lot Line, Rear - The lot line or point of intersection of the side lot lines farthest from and opposite the front lot line.

Lot Line, Side - A lot line other than a front or rear lot line.

Lot of Record - A lot that is part of subdivision or otherwise legally approved and recorded in the office of County Register of Deeds.

Lot Width - The distance between side lot lines measured at right angles.

Lot, Corner - A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five (135) degrees.

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

Lot, Double Frontage - A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

Lot, Interior - A lot, other than a corner lot, with only (1) frontage on a street.

Lot, Through - A lot, other than a corner lot, with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

Major Street Plan - The Transportation Plan in the adopted City of Winner Comprehensive Plan.

Manufactured Home - A moveable or portable dwelling which is eight (8) feet or more in width and thirty-two (32) feet or more in length, constructed on a chassis, and which is designed to be towed, designed for year-round occupancy, primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units, separately transportable, but designed to be joined together into one integral unit. Manufactured homes are built according to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Manufactured homes are not mobile homes.

The following shall not be included in this definition:

1. Travel trailers, pickup coaches, motor homes, camping trailers, or other recreational vehicles; and

2. Modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding, and electrical, plumbing, and heating systems.

Manufactured Home Park - Any premises where two (2) or more manufactured homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for two (2) or more manufactured homes for living or sleeping purposes, and which include any buildings, structures, vehicles or enclosures used or intended wholly or in part, for Manufactured Homes.

Manufacturing - The use of land, buildings or structures for the purpose of manufacturing, assembly, making, preparing, inspecting, finishing, treating altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article, thing or service.

Massage Establishment - Any premises or part thereof where massages are given, offered or solicited in pursuance of a trade or calling, business or occupation provided that the service is rendered by a person duly trained, licensed and registered under the appropriate statute.

Mobile Home - A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Modular Home - A structure or building module that is manufactured at a location other than the site upon which it is installed and used as a residence; transportable in one or more sections on a temporary chassis or other conveyance device; and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. This term includes the plumbing, heating, air conditioning, and electrical systems contained within the structure.

Motel - A building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of transients.

Museum - A building or buildings used, or to be used, for the preservation of a collection of paintings and/or other works of art, and/or of objects of natural history, and/or of mechanical, scientific and/or philosophical inventions, instruments, models and/or designs and dedicated or to be dedicated to the recreation of the public, together with any libraries, reading rooms, laboratories and/or other offices and premises used or to be used in connection therewith.

Nonconforming Lot - A lot of record existing on the date of passage of this ordinance which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming Structure - A lawful structure which exists on the date of passage of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yard setbacks, or other characteristics of the structure.

Nonconforming Use - A lawful use of land, which exists on the date of passage of this ordinance that, would not be lawful in the district in which it is situated under the terms of this ordinance.

Noxious - When used with reference to any use or activity in respect of any land, building or structure or a use or activity which, from its nature or from the manner of carrying on same, creates or is liable to create, by reason or destructive gas or fumes, dust, objectionable odor, noise or vibration or unsightly storage of goods, wares, merchandise, salvage, machinery parts, junk, waste or other material, a condition which may become hazardous or injurious as regards to health or safety or which prejudices the character of the surrounding are or interferes with or may interfere with the normal enjoyment of any use of activity in respect of any land, building or structure. Application of the term noxious shall be subject to the reasonable person standard.

Nuisance - A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:

1. Annoys, injures, or endangers the comfort, repose, health, or safety of others;

2. Offends decency;

3. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street, or highway; or

4. In any way renders other persons insecure in life, or in the use of property.

Nursing Home, Rest Home, Convalescent Home - A place which undertakes through its ownership or management to provide maintenance, personal, or nursing care for three or more persons who by reason of illness, physical deformity, or old age are unable to care for themselves.

Obstruction - Any structure or vegetation that substantially blocks the vision of people.

Office - A building or part thereof, designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, any industrial use, clinic, financial institution or place of amusement or place of assembly.

Open Sales Area - Any open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft, and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.

Outdoor Storage Area - Any open land or area used for the purpose of storage of any product or part of a product either before, during, or after manufacture, servicing or repair and not displayed for retail sale. This does not include open sales areas.

Owner - The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.

Park - An area consisting largely of open space, which may include a recreational area, playground or similar use but shall not include a mobile home park, a campground or trailer park.

Parking Lot - A parcel of land devoted to unenclosed parking spaces.

Parking Space - An off-street space available for parking of a motor vehicle and which is held to be an area for dimension of which are ten (10) feet by twenty (20) feet or which covers two hundred (200) square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Off-street parking shall be on or adjacent to the property on which the principal use is located.

Pawnshop - An establishment where money is loaned on the security of personal property pledged in the keeping of the pawnbroker.

Performance Standards - Criterion established for the purposes of:

1. Assigning proposed land uses to proper districts; and

2. Controlling noise, odor, glare, smoke, toxic matter, vibration, fire or explosive hazards generated by, or inherent in, uses of land or buildings.

Permitted Use - A use by right, which is specifically authorized in a particular zoning district.

Person - Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, governmental, or quasi-governmental entity.

Places of Assembly - Places where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.

Planning Commission - The Planning Commission of the City of Winner. The term Planning Commission shall be synonymous with Planning and Zoning Commission and Commission, but shall not include Board of Adjustment or Zoning Board.

Plaza - A public square or similar open area.

Principal Use - The main use of land or structures as distinguished from a secondary or accessory use.

Public - Promotion of a public cause or service, including utilities having a franchise from the City of Winner, but excluding other for-profit organizations.

Public Building - Any building which is owned, leased, primarily used and/or primarily occupied by a school district or municipal, county, state or federal government, or any subdivision or agency of the school district, municipal, county, state or federal government.

Publicly Traded Company - For purposes of this Ordinance a “publicly traded company” means a company, the shares or other interests in which are regularly traded on the New York Stock Exchange, the American Stock Exchange, NASDAQ or similar recognized security market.

Quarry - A place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial, or manufacturing purposes, but does not include a wayside quarry or open pit metal mine.

Recreational Building, Community - Publicly owned or operated gymnasium or similar indoor facility including swimming pools, handball, or tennis courts and related uses.

Recreational Equipment - The term recreational equipment shall include boats and boat trailers, personal watercraft, snowmobiles, travel trailers, pick-up campers or coaches, designed to be mounted on automotive vehicles, motorized dwellings, tent trailers, and the like, and case or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Recycling Center - A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.

Rent-All Shop - A building or part of a building where residential and commercial equipment is kept for rental to the general public and includes such things as lawn and garden tools, floor cleaning equipment, masonry tools, painting and decorating equipment, moving tools, plumbing tools and power tools.

Repair Shop, Auto Body - A general industrial establishment for the repair of damage to a motor vehicle caused by collision, accident, corrosion or age, and, without limiting the generality of the foregoing, includes the reconstruction of motor vehicles, the painting or repainting of motor vehicles and the rebuilding or conversion of automotive engines or engine parts, but does not include a motor vehicle repair shop, an impounding yard, an automobile service station, or a gas station.

Repair Shop, Motor Vehicle - A service commercial or general industrial establishment for the repair or replacement of parts in a motor vehicle and without limiting the generality of the foregoing, shocks, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems, ignition systems, mechanical or electrical parts or systems, the installation of undercoating, engine tuning, lubrication and engine conversion or replacement, but does not include an auto body repair shop, an impounding yard, an automobile service station or a gas station.

Residential Care Facility - A family home, group care facility, or similar facility for twenty-four (24) hour non-medical care of persons in need of personal services, supervision or assistance for sustaining the activities of daily living or for the protection of the individual.

Restaurant - A business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, Drive-In - A business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to eat either off the premises or within automobiles parked on the premises.

Restaurant, In-House - A private business establishment consisting of a kitchen, with or without a dining room, whose primary purpose is to prepare and serve food to be eaten by employees of the principal employer. For the purposes of this ordinance, the term “cafeteria” shall be synonymous with “Restaurant, In-House.”

Rest Home - See Nursing Homes.

Retail Store - A building where goods, wares, merchandise, substances, articles or items are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles or items sufficient only to service such store.

Retaining Wall - A structure constructed to hold back or support an earthen bank.

Right-of-Way - An area of land that is legally described for the provision of public access within which there is usually a street.

Right-of-Way Line - A dividing line between a lot, tract, or parcel of land and the public right-of-way.

Road or Street Line - The dividing line between a lot, tract, or parcel of land and a contiguous road, street, or alley.

Roadside Stand - A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.

Rodeo Grounds - A building or place where rodeo events such as roping and riding are done for practice or competition.

Runway - Any paved surface of the airport that is specifically designated and used for the landing and/or take-off of aircraft.

Salvage Yard - The use of more than two hundred fifty (250) square feet of open storage on any lot, portion of lot, or tract of land for the sale, storage, keeping, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.

Satellite Dish/Receiver - A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish or cone designed and used for the reception of television signals related back to earth from a terrestrially and/or orbital based communications satellite.

School, Boarding - A school under the sponsorship of a private agency, corporation, or religious entity, having a curriculum generally equivalent to public elementary or secondary schools, accredited by the State of South Dakota and provides room and board for its students; but excluding private trade or commercial schools. “Day Care Centers” as herein defined, shall not be considered schools as applicable to this definition.

School, Denominational or Private - A school under the sponsorship of a private agency, corporation, or religious entity, having a curriculum generally equivalent to public elementary or secondary schools and accredited by the State of South Dakota; but excluding private trade or commercial schools. “Day Care Centers” as herein defined, shall not be considered schools as applicable to this definition.

School, Public - A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited by the State of South Dakota; but excluding private trade or commercial schools.

School, Trade or Commercial - An establishment other than an accredited or licensed public, private or denominational school, offering training or instruction in art, occupation or trade.

Screening - A continuous fence, wall, compact evergreen hedge, or combination thereof, supplemented with landscape planting that would effectively screen the property which it encloses and is broken only by access drives and walks.

Secondhand Shop - The use of land, or building or structure or part thereof where used goods, wares, merchandise, substances, or articles are offered or kept for sale but shall not include a pawnshop.

Security Dwelling Unit - A building or portion thereof designed for occupancy by a security employee.

Self-Storage Warehouse - A building containing separate, individual self-storage units divided from the floor to the ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short-term basis to the general public for private storage of personal goods, materials and equipment.

Services - Establishments, primarily engaged in providing services for individuals, business and government establishments and other organizations, including hotels and other lodging places, establishments providing personal business, repair and amusement services, health, legal, engineering and other professional services, educational institutions, membership organizations, and other miscellaneous services.

Setback - The minimum horizontal distance from a lot line, to a wall of the building, exclusive of permitted projections. The setback shall be measured at right angles to such lot lines.

Sight Triangle - The triangular space formed by the street lines of a corner lot and a line drawn from a point in one street line to a point in the other street line, each such point being 30 feet from the point of intersection of the street lines (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. In the case of arterial highways intersecting with other arterial highways or railways, the distances establishing the sight triangle shall be increased to fifty (50) feet.

Sign - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

Sign, Banner - A temporary sign, which has a maximum area of twelve (12) square feet, composed of lightweight material either enclosed or not in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere (i.e., pennants, twirling signs, balloon, or other gas-filled figures, ribbons, or other similar moving devices) and intended to be displayed for a limited period of time.

Sign, Bulletin Board - An exterior sign, which has a maximum area of thirty-five (35) square feet, used by public, charitable, and religious institutions for the purpose of informing the public about activities of their organization.

Sign, Directional Off-Site - An exterior sign that is generally informational, that has a purpose secondary to the use of the primary use on a property that is not adjacent to the property on which the directional off-site sign exists. Said sign shall include only those signs placed by a political subdivision and shall include those signs standardized by the South Dakota Department of Transportation.

Sign, Directional On-Site - An exterior sign that is generally informational, that has a purpose secondary to the use of the property on which it is located, such as “no parking,” “entrance,” and “loading only.” Said sign shall conform to standards adopted or approved by the regulating public agency.

Sign, Easement and Utility - An exterior sign, which has a maximum area of five (5) square feet, used to identify the location of easements, property lines, utilities, hazards, or otherwise providing notice of restrictions on public access.

Sign, Flag - Any fabric or bunting containing distinctive colors, patterns, or symbols, which has a maximum area of twenty (20) square feet and is used as a symbol of government, political subdivision, or other entity.

Sign, Ground and Monument - An exterior sign permanently attached to the ground to identify churches, schools, institutional, and public uses. Said sign may also identify a specific neighborhood by displaying the name of the tract. Ground and monument signs:

1. Are generally constructed of concrete or other masonry material;

2. Shall not exceed twenty (20) feet in height above the mean centerline street or grade;

3. Shall meet a minimum of one-half (½) of the yard requirements for the district in which it is located; and

4. Shall not exceed one hundred (100) square feet on one (1) side or two hundred (200) square feet on all sides of any one (1) premise.

Sign, Mounted Wall - A sign, which has a maximum area of one hundred (100) square feet, that is attached to or erected against a wall of a building and shall project no more than twelve (12) inches from the wall of the building. Said sign is intended to be read from directly in front of the face of the building.

Sign, Name and Address Plate - A sign, which has a maximum area of two (2) square feet, that is affixed to the side of a building informing the public as to the residents, occupation, and/or street address of the building.

Sign, Off-site - A sign, which has a maximum area of two hundred (200) square feet, other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards regardless of size.

Sign, Exterior on-site - An exterior sign, which has a maximum area of two hundred (200) square feet, relating in subject to the premises upon which it is located, or to products, accommodations, services, or activities on the premises. Exterior on-site signs do not include signs erected by outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards, which are off-site signs.

Sign, Portable - Any sign, which has a maximum area of twenty (20) square feet, not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T-frames; menu and sandwich board signs. Signs attached to or painted on vehicles parked and visible from the public right-of-way shall not be included in this definition and shall be prohibited unless said vehicle is used in normal day-to-day operations of the business. Said sign is intended to be displayed for a limited period of time.

Sign, Projecting - Any sign, which has a maximum area of one hundred (100) square feet and is a minimum of eight (8) feet above the prevailing grade, that is affixed to a building or wall in such a manner that its face is perpendicular to the face of the building and the sign extends more than twelve (12) inches beyond the surface of such building or wall.

Sign, Real Estate - An exterior sign for the purpose of advertising the sale, rental, lease of real property. Said sign is located on the premises for sale, rental, or lease and shall be of a temporary nature and shall have a maximum area of four (4) square feet except in the Commercial, Highway Commercial, or Industrial Districts where the maximum area shall be thirty-two (32) square feet.

Sign, Roof - Any sign, which has maximum area of three hundred (300) square feet, that is erected upon, against, or directly above a roof or on top of the parapet of a building.

Slope - An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude.

Story - The portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, Half - A space under a sloping roof that has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level.

Street - A right-of-way established by a recorded plat to provide the primary means of access to abutting property.

Street Line - The right-of-way line of a street.

Street, Arterial - A public street or highway intended to be used primarily for fast or heavy through traffic.

Street, Public - A public thoroughfare more than twenty (20) feet in width.

Structural Alteration - Any change or rearrangement of the supporting members (such as bearing walls, beams, columns, foundations, poles, or girders) of a building, or addition to a building, or movement of a building, from one location to another.

Structure - Anything constructed or erected, the use of, which requires location on the ground or that it be attached to something having a location on the ground but not including utility lines and their normal accessory equipment excluding sidewalks, and driveways that conform to zoning regulations.

Swimming Pool - A water filled enclosure, permanently constructed or portable, having a depth of more than twenty four inches below the level of the surrounding land, or an above ground pool, having a depth of more than thirty inches, designed used and maintained for swimming and bathing.

Tank Farm - A facility having two or more storage containers for the transfer of inorganic liquids or gases and from which no retail sale of fuel to the public is or may be conducted.

Thrift Shop - A shop operated by a charitable organization, which sells, donated and used merchandise only. All such merchandise shall be displayed and/or stored in an enclosed building.

Tower - A structure situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, including those used exclusively for governmental dispatch communications.

Trailer Camp or Tourist Ground - See Campground.

Trailer Park - This definition shall include the following existing trailer courts or parks:

1. Neyen’s Trailer Court legally described as Lots 5, 6, 7, 8, Block 4, Original Town Addition;

2. Kucera Court legally described as Lots 4, 5, Block 1, Cooper’s Addition;

3. Wagon Wheel Trailer Court legally described as Lots A, B, C, E, F, less Lot 1 of Block E, Flynn’s Addition; and

4. West Haven Trailer Court legally described as Lots A and B, less the west twenty (20) feet of Lot A and less the north one hundred twelve and two-tenths (112.2) feet of the east two hundred fifty three and five-tenths (253.5) feet of Lot B, Dreyer’s Subdivision.

Travel Trailer - An object designed for accommodation intended and used exclusively for travel, recreation and a vacation and which is capable of being drawn or propelled by a motor vehicle or is self-propelled and includes tent trailers or similar transportable accommodation, but does not include a mobile home.

Truck or Equipment Terminal - A building, structure or place where five (5) or more commercially licensed trucks or trailers are rented, leased, kept for hire, or stored or parked for compensation, or from which trucks or transports, stored or parked on the property, are dispatched for hire as common carriers, and which may include warehouse space.

Use - Use shall mean the purpose for which a lot or a building or structure, or any portion thereof, is designed, arranged, intended, occupies or maintained, and “used” shall have a corresponding meaning.

Utility Facility - Any above-ground structures or facilities, other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities, owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals.

Utility Shed - A small moveable structure without a foundation separate from, but associated with, a main building used for storage of yard and garden equipment.

Variance - A relaxation of the terms of this ordinance by the Board of Appeals where the literal enforcement of this ordinance would deny to the property enjoyed as a right by other property owners within the same zoning district. Variances shall be limited to height, bulk, and yard requirements.

Veterinary Clinic - A building or part of a building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention. Such clinics may or may not provide long-term lodging for ill or unwanted animals, or lodging for healthy animals on a fee basis. No outside runs, pens or facilities shall be permitted.

Veterinary Services - A building or part of a building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention. Such clinics may or may not provide long-term lodging for ill or unwanted animals, or lodging for healthy animals on a fee basis.

Video Rental Shop - The use of land, building or structure for the purpose of renting video cassette recorders and/or video disc players and/or the rental of video tapes and/or discs.

Vision Clearance - An unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. See Sight Triangle.

Warehouse - A building or part of a building used for the storage and distribution of goods, wares, merchandise, substances, or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard.

Wholesale - The sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business even if the said trade of business is the consumer or end user of the commodity.

Yard - An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards.

Yard, Front - A yard extending across the full width of a lot between the front lot line and the nearest portion of any structure serving or attached to any building or structure on the lot.

Yard, Rear - An open, unoccupied space extending across the rear of a lot from one side lot line to the other side lot line.

Yard, Side - A yard or open space on each side of the main building extending from the side lot line to the side wall of the building, exclusive of permitted projections and from the front yard to the rear yard, when an accessory building is constructed as part of the main building, the side yard requirements shall be the same for the accessory building as required for the main building.

Zone - An area within which, in accordance with the provisions of this Ordinance, certain uses of lands, buildings and structures are permitted and certain others are prohibited, where yards and other open spaces are required, where lot areas, building height limits and other requirements are established, all of the foregoing being identical for the zone and district in which they apply.

Zoning Administrator - An official of the City of Winner appointed by the Mayor and confirmed by the City Council, charged with the responsibility of administrating this ordinance.

Zoning Compliance Permit - A permit issued by the Zoning Administrator upon completion of work described in the Building Permit, authorizing the use of land in the manner and for the purpose specified in the application.

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 2

TITLE, PURPOSE, AND JURISDICTION

Section 201 Title

These regulations comprise a revision of the City of Winner Zoning Ordinance and shall hereafter be referred to as the City of Winner Official Zoning Ordinance.

Section 203 Purpose

This Ordinance is based upon the Comprehensive Plan for the City of Winner as adopted by the City Council and legally adopted, in conformance with Chapters 11-4 and 11-6 of the South Dakota Codified Laws. These regulations are designed to carry out the goals and objectives of the plan, with primary attention to promoting the public health, safety, and general welfare; secure safety from fire, natural disaster, and other dangers; and to encourage a distribution of population and use of land to promote and protect the economical and adequate provision of transportation, roads, water supply, drainage, sanitation, education, recreation, or other public requirements.

Section 205 Jurisdiction

The provisions of this Zoning Ordinance shall apply within the incorporated areas and the one (1) mile jurisdiction, granted by the Tripp County Commission, of the City of Winner, as established on the map entitled "The Official Zoning Map of the City of Winner, Tripp County, South Dakota."

Section 207 Provisions of this Zoning Ordinance Declared to be Minimum Requirements

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, and general welfare.

Whenever the provisions require a greater width or size of yards, courts, or other spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards that are required, in the provisions of any other ordinance, the provisions of this Ordinance shall govern.

Wherever the provisions of any other ordinance require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the provisions of this Ordinance, the provisions of such ordinance shall govern.

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 3

OFFICIAL ZONING MAP AND BOUNDARY INTERPRETATION

Section 301 General

The City and all property within its corporate limits is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Finance Officer, and bearing the seal of the City under the following words:

This is to certify that this is the Official Zoning Map referred to in Section 30l of the Winner Zoning Ordinance #_____ enacted by the City of Winner, Tripp County, South Dakota.

Adopted this ____day of (month) , (year) .

Section 303 Zoning Map Changes

If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows:

On this ____ day of ______________ 20___, by official action of the City Council, the following change(s) were made to the Official Zoning Map: (brief description of nature of change).

Such entry shall be signed by the Mayor and attested by the Finance Officer. No amendment to this Ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said Map.

No changes, of any nature, shall be made in the Official Zoning Map, or matter shown thereon, except in conformity with the procedures set forth in this Ordinance. Any unauthorized change, of whatever kind, by any person or persons, shall be considered a violation of this Ordinance and punishable as provided under this Ordinance.

Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map shall be located in the office of the Finance Officer and shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the jurisdictional area.

Section 305 Zoning Map Replacement

If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the affect of amending the original Official Zoning Map or any subsequent amendment thereof.

The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Finance Officer and bearing the seal of the City under the following words:

This is to certify that this Official Zoning Map as adopted this _____ day of ________________, 20___ supersedes and replaces the Official Zoning Map adopted (date of adoption of zoning map being replaced as part of Ordinance #__________) of the City of Winner, Tripp County, South Dakota.

Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map, or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

Section 307 Rules for Interpretation of District Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such lot lines;

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3. Boundaries indicated as approximately following city limits shall be construed as following such city limits;

4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of creeks, streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

6. Boundaries indicated as parallel to or extensions of features indicated in Subsections l through 5 above shall be so construed. The scale of the map shall determine distances not specifically indicated on the Official Zoning Map; and

7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections l through 4 above, the Board of Adjustment shall interpret the district boundaries.

CHAPTER 4 APPLICATION OF DISTRICT REGULATIONS

Section 401 General

The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.

Section 403 Zoning Affects Every Building and Use

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

Section 405 Performance Standards

No building or other structure shall, without approval and adherence to Section 403 and applicable district requirements, hereafter be erected or altered:

1. To exceed the height or bulk;

2. Except in conformity with area and parking restrictions of the appropriate district;

3. To accommodate or house a greater number of families;

4. So that there is more than one (1) principal building on one (1) buildable lot;

5. To occupy a greater percentage of lot area; and

6. To have narrower or smaller yards or other open spaces, than herein required, or in any other manner contrary to the provisions of this Ordinance.

Section 407 Open Space, Off-Street Parking, and Loading Space

No part of a yard, or other open space, off-street parking, or loading space required about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, off-street parking, or loading space similarly required for any other building.

Section 409 Yard and Lot Reduction Prohibited

No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this Ordinance.

Section 411 Road or Public Way Vacation

Whenever any road, street, or other public way is vacated by the official action of the City Council, the zoning district(s) adjoining each side of such road or public way shall automatically extend to the center of such vacation and all area included in such vacation shall be subject to all appropriate regulations of the extended district.

Section 413 Annexation

Land newly annexed to the City of Winner that has not been previously designated for inclusion in any zoning district shall be considered a part of the Agricultural (AG) District until said land is rezoned in accordance with Chapter 24.

Section 415 Unclassified or Unspecified Uses

In order to insure that the zoning ordinance will permit all similar uses in each district, the Board of Adjustment, upon its own initiative or upon written application, shall determine whether a use not specifically listed as a permitted, accessory, or conditional use in a District shall be deemed a permitted, accessory, or conditional use in one or more districts on the basis of similarity to uses specifically listed.

CHAPTER 5

ESTABLISHMENT OF DISTRICTS

Section 501 Districts Created

For purposes of this ordinance the following zoning districts and zoning map designations are established.

AG ‑ Agricultural

R-1 ‑ Single Family Residential

R-2 - Two Family Residential

R-3 - Multi-Family Residential

MHP - Manufactured Home Park

C-1 ‑ Highway Commercial

C-2 - General Commercial

I ‑ Industrial

Section 503 District Regulations

District regulations shall be as set forth in sections of this ordinance and in Chapter 14 of this Ordinance entitled “Supplementary District Regulations.”

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 6

AGRICULTURAL DISTRICT (AG)

Section 601 Intent

The intent of the Agricultural District (AG) is to protect agricultural lands and the natural character of the rural area from incompatible land uses; preserve land best suited to agricultural uses and land in which the natural environment should be continued; and to limit, or minimize the impact of residential, commercial, and industrial development to those areas where they are best suited for reasons of practicality and service delivery.

Section 603 Principal Permitted Uses and Structures

The following principal uses and structures shall be permitted in an Agricultural District (AG):

1. Agriculture;

2. Horticulture;

3. Greenhouses, commercial;

4. Parks;

5. Riding stables;

6. Rodeo grounds;

7. Exhibition areas;

8. Farms, hobby;

9. Dwellings, single-family;

10. Manufactured homes, pursuant to Section 1625;

11. Modular homes; and

12. Utility facilities.

Section 605 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in an Agricultural District (AG):

1. Temporary roadside stands for retail sale of produce;

2. Home and farmstead occupations;

3. Parking spaces, pursuant to Chapter 18;

4. Day cares, family;

5. Signs, directional off-site;

6. Signs, directional on-site;

7. Signs, mounted wall;

8. Signs, real estate;

9. Signs, banner;

10. Signs, name and address plate;

11. Signs, easement and utility;

12. Signs, flag;

13. Garages; and

14. Accessory structures and uses customary incidental thereto.

Section 607 Conditional Uses

After the provisions relating to conditional uses have been fulfilled, the Board of Adjustment may permit as conditional uses in an Agricultural District (AG):

1. Cemeteries;

2. Towers, pursuant to Section 1641;

3. Golf courses;

4. Airports;

5. Churches;

6. Hospitals;

7. Nursing, rest, and convalescent homes;

8. Day cares, group family home;

9. Swimming pools, pursuant to Section 1643;

10. Quarries, pursuant to Section 1639;

11. Sanitary landfills or restricted use sites, pursuant to Section 1637;

12. Rail lines and services;

13. Signs, bulletin board;

14. Signs, exterior on-site;

15. Signs, off-site;

16. Signs, projecting;

17. Signs, portable; and

18. Signs, ground and monument.

Section 609 Classification of Unlisted Uses

Section 611 Prohibited Uses and Structures

All uses and structures which are not specifically permitted as principal, accessory, or conditional uses or approved as such within the provisions of Section 609 shall be prohibited.

Section 613 Minimum Lot Requirements

1. The minimum lot area shall be five (5) acres; and

2. The minimum lot width shall be five hundred (500).

Section 615 Minimum Yard Requirements

All yards must meet the following criteria as measured from the lot lines. This Section shall apply to all buildings and structures, including but not limited to decks, patios, and garages:

1. Front yard...................................................................................... 100 feet;

2. Rear yard...................................................................................... 50 feet;

3. Side yard....................................................................................... 50 feet;

4. The setback from a public road shall not be less than one hundred (100) feet;

5. All accessory buildings shall conform to the same yard requirements as dwellings, except that no private garage may be built closer than fifteen (15) feet to a rear lot line; and

6. In areas where no alley exists, or is planned, rear yards shall have a minimum of ten (10) feet dedicated for utility and fire access and shall maintain the area free of obstructions, including but not limited to trees, fences, and other obstructions.

Section 617 Maximum Height

The height of any dwelling unit shall not exceed thirty-five (35) feet.

CHAPTER 7

SINGLE FAMILY RESIDENTIAL DISTRICT (R-1)

Section 701 Intent

This district is intended to provide for a low density of single‑family residential dwellings within the existing ranges of municipal services, or where municipal services can be obtained or developed economically.

Section 703 Principal Permitted Uses and Structures

The following principal uses and structures shall be permitted in a Single Family Residential District (R-1):

1. Dwellings, single family;

2. Modular homes;

3. Schools, public;

4. Schools, private or denominational;

5. Churches;

6. Parks; and

7. Utility facilities.

Section 705 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in a Single Family Residential District (R-1):

1. Garages;

2. Parking spaces, pursuant to Chapter 18;

3. Home occupations;

4. Day cares, family;

5. Signs, directional on-site;

6. Signs, directional off-site;

7. Signs, real estate;

8. Signs, banner;

9. Signs, name and address plate;

10. Signs, easement and utility;

11. Signs, flag; and

12. Accessory structures and uses customary incidental thereto.

Section 707 Conditional Uses

After the provisions relating to conditional uses have been fulfilled, the Board of Adjustment may permit as conditional uses in a Single Family Residential District (R-1):

1. Manufactured homes, pursuant to Section 1625;

2. Golf courses;

3. Day cares, group family home;

4. Swimming pools, pursuant to Section 1643;

5. Signs, bulletin board;

6. Signs, portable;

7. Signs, ground and monument; and

8. Towers, pursuant to Section 1641.

Section 709 Classification of Unlisted Uses

Section 711 Prohibited Uses and Structures

All uses and structures which are not specifically permitted as principal, accessory, or conditional uses or approved as such within the provisions of Section 709 shall be prohibited.

Section 713 Minimum Lot Requirements

1. The minimum lot area per single-family units shall be ten thousand (10,000) square feet; and

2. The minimum lot width shall be seventy-five (75) feet.

Section 715 Minimum Yard Requirements

All yards must meet the following criteria as measured from the lot lines. This Section shall apply to all buildings and structures, including but not limited to decks, patios, and garages:

1. Front yard ..................................................................................... 25 feet;

2. Rear yard ....................................................................................... 5 feet;

3. In areas where no alley exists, or is planned, rear yards shall have a minimum of fifteen (15) feet dedicated for utility and fire access and shall maintain the area free of obstructions, including but not limited to trees, fences, and other obstructions;

4. Decks and patios may extend ten (10) feet into a rear yard;

5. Side yard ........................................................................................ 6 feet; and

6. Side yards may be up to twenty five (25) feet on corner lots at the Board’s discretion.

Section 717 Maximum Height

The height of all buildings and structures shall not exceed thirty-five (35) feet.

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 8

TWO FAMILY RESIDENTIAL DISTRICT (R-2)

Section 801 Intent

This district is intended to provide for a moderate density of a combination of residential dwelling options within the existing ranges of municipal services, or where municipal services can be obtained or developed economically.

Section 803 Principal Permitted Uses and Structures

The following principal uses and structures shall be permitted in a Two Family Residential District (R-2):

1. Dwellings, single family;

2. Dwellings, two family;

3. Modular homes;

4. Public buildings;

5. Schools, public;

6. Schools, private or denominational;

7. Churches;

8. Parks; and

9. Utility facilities.

Section 805 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in a Two Family Residential District (R-2):

1. Garages;

2. Parking spaces, pursuant to Chapter 18;

3. Home occupations;

4. Day cares, family;

5. Signs, directional on-site;

6. Signs, directional off-site;

7. Signs, real estate;

8. Signs, banner;

9. Signs, name and address plate;

10. Signs, easement and utility;

11. Signs, flag; and

12. Accessory structures and uses customary incidental thereto.

Section 807 Conditional Uses

After the provisions relating to conditional uses have been fulfilled, the Board of Adjustment may permit as conditional uses in a Two Family Residential District (R-2):

1. Manufactured homes, pursuant to Section 1625;

2. Day care centers;

3. Day cares, group family home;

4. Hospitals, pursuant to Chapter 18;

5. Clinics, pursuant to Chapter 18;

6. Nursing, rest, and convalescent homes, pursuant to Chapter 18;

7. Offices;

8. Golf courses;

9. Existing mobile home parks, pursuant to Section 1627;

10. Towers, pursuant to Section 1641;

11. Swimming pools, pursuant to Section 1643;

12. Signs, bulletin board;

13. Signs, portable; and

14. Signs, ground and monument.

Section 809 Classification of Unlisted Uses

Section 811 Prohibited Uses and Structures

All uses and structures which are not specifically permitted as principal, accessory, or conditional uses or approved as such within the provisions of Section 809 shall be prohibited.

Section 813 Minimum Lot Requirements

1. The minimum lot area per single family shall be seven thousand (7,000) square feet and two family dwelling units or other uses shall be eight thousand four hundred (8,400) square feet;

2. The minimum lot area shall not be less than two thousand (2,000) square feet for each dwelling unit thereafter; and

3. The minimum lot width shall be fifty (50) feet for a single-family dwelling and seventy (70) feet for a two family dwelling or other uses.

Section 815 Minimum Yard Requirements

All yards must meet the following criteria as measured from the lot lines. This Section shall apply to all buildings and structures, including but not limited to decks, patios, and garages:

1. Front yard ..................................................................................... 25 feet;

2. Rear yard ....................................................................................... 5 feet;

4. Decks and patios may extend ten (10) feet into a rear yard;

5. Side yard ........................................................................................ 6 feet; and

6. Side yards may be up to twenty five (25) feet on corner lots at the Board’s discretion.

Section 817 Maximum Height

The height of all buildings and structures shall not exceed thirty-five (35) feet.

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 9

MULTI-FAMILY RESIDENTIAL DISTRICT (R-3)

Section 901 Intent

This district is intended to provide for a high density of residential dwellings, including multiple family units, within the existing ranges of municipal services.

Section 903 Principal Permitted Uses and Structures

The following principal uses and structures shall be permitted in a Multi-family Residential District (R-3):

1. Dwellings, single-family;

2. Dwellings, two-family;

3. Dwellings, multi-family;

4. Modular homes;

5. Public buildings;

6. Schools, public;

7. Schools, private or denominational;

8. Churches;

9. Parks; and

10. Utility facilities.

Section 905 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in a Multi-family Residential District (R-3):

1. Garages;

2. Parking spaces, pursuant to Chapter 18;

3. Home occupations;

4. Day care centers;

5. Day cares, family;

6. Day cares, group family home;

7. Signs, directional on-site;

8. Signs, directional off-site;

9. Signs, real estate;

10. Signs, banner;

11. Signs, name and address plate;

12. Signs, easement and utility;

13. Signs, flag; and

14. Accessory structures and uses customary incidental thereto.

Section 907 Conditional Uses

After the provisions relating to conditional uses have been fulfilled, the Board of Adjustment may permit as conditional uses in a Multi-family Residential District (R-3):

1. Manufactured homes, pursuant to 1625;

2. Existing mobile home parks, pursuant to Section 1627;

3. Residential care facilities;

4. Nursing, rest, and convalescent homes;

5. Congregate housing;

6. Clubs;

7. Clinics;

8. Hospitals;

9. Swimming pools, pursuant to Section 1643;

10. Funeral homes;

11. Signs, bulletin board;

12. Signs, portable;

13. Signs, ground and monument; and

14. Towers, pursuant to Section 1641.

Section 909 Classification of Unlisted Uses

Section 911 Prohibited Uses and Structures

All uses and structures which are not specifically permitted as principal, accessory, or conditional uses or approved as such within the provisions of Section 909 shall be prohibited.

Section 913 Minimum Lot Requirements

1. The minimum lot area shall not be less than:

A. Seven thousand (7,000) square feet for a single family dwelling;

B. Eight thousand four hundred (8,400) square feet for a two family dwelling;

C. Six thousand (6,000) square feet for the first unit of a multi-family dwelling, plus one thousand two hundred (1,200) square feet for each additional unit up to twelve (12) units and seven hundred fifty (750) square feet for each addition unit over twelve (12);

D. One (1) acre for institutional uses;

E. Fifteen thousand (15,000) square feet for fraternities, sororities, clubs, and lodges; and

F. Nine thousand six hundred (9,600) square feet for other uses.

2. The minimum lot width shall be:

A. Sixty (60) feet for a single family dwelling;

B. Seventy (70) feet for a two family dwelling;

C. Eighty (80) feet for a multi-family dwelling and fraternities or sororities;

D. One hundred (100) feet for institutional uses; and

E. Eighty (80) feet for other uses.

Section 915 Minimum Yard Requirements

All yards must meet the following criteria as measured from the lot lines. This Section shall apply to all buildings and structures, including but not limited to decks, patios, and garages:

1. Front yard ..................................................................................... 25 feet;

2. Rear yard ....................................................................................... 5 feet;

4. Decks and patios may expand ten (10) feet into a rear yard;

5. Side yard, one to two family dwellings ................................................ 6 feet;

6. Side yard, multi-family dwelling, school, church, or other similar buildings................................................................................................ 10 feet; and

7. Side yards may be up to twenty-five (25) feet on corner lots at the Board’s discretion.

Section 917 Maximum Height

The maximum height for all buildings and structures shall be forty-five (45) feet.

CHAPTER 10

MANUFACTURED HOME PARK DISTRICT (MHP)

Section 1001 Intent

The intent of the Manufactured Home Park District (MHP) is to preserve and enhance property values in the city by providing designated, distinctive areas in which manufactured homes may be situated as a residential dwelling. It is the intent that this district be a desirable, prominent area providing adequate open space and essentially the same considerations given to citizens of other residential districts.

Section 1003 Permitted Principal Uses and Structures

The following principal uses and structures shall be permitted in a Manufactured Home Park District (MHP):

1. Manufactured homes, pursuant to Section 1019 (3);

2. Utility facilities; and

3. Parks.

Section 1005 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in a Manufactured Home Park District (MHP):

1. Garages;

2. Accessory buildings;

3. Home occupations;

4. Day cares, family;

5. Signs, directional on-site;

6. Signs, directional off-site;

7. Signs, real estate;

8. Signs, banner;

9. Signs, name and address plate;

10. Signs, easement and utility;

11. Signs, flag; and

12. Accessory structures and uses customary incidental thereto.

Section 1007 Conditional Uses

After the provisions relating to conditional uses have been fulfilled, the Board of Adjustment may permit as conditional uses in a Manufactured Home Park District (MHP):

1. Swimming pools, pursuant to Section 1643;

2. Laundry facilities;

3. Self-storage warehouses;

4. Day cares, group family home;

5. Day care centers;

6. Signs, bulletin board;

7. Signs, portable;

8. Signs, ground and monument;

9. Signs, mounted wall; and

10. Towers.

Section 1009 Classification of Unlisted Uses

Section 1011 Prohibited Uses and Structures

No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park.

Section 1013 Minimum Lot Requirements

1. The minimum park size is three (3) acres;

2. The minimum park width is three hundred (300) feet;

3. The minimum lot area for individual manufactured homes shall be four thousand (4,000) square feet;

4. The density of any manufactured home park shall not exceed eight (8) units per gross acre; and

5. The net density of any particular acre shall not exceed ten (10) units per net (gross reduced by required yards, streets, etc.) acre.

Section 1015 Minimum Yard Requirements

All yards must meet the following criteria as measured from the lot line. This Section shall apply to all buildings and structures, including but not limited to decks, patios, and garages:

1. The minimum distance required for the separation of a manufactured home from side and rear lot lines shall be six (6) feet. In no case shall a manufactured home be closer than twelve (12) feet from another manufactured home;

2. The minimum setback distance required from a private drive or public right-of-way shall be twenty (20) feet; and

3. Accessory buildings shall not encroach on minimum yard requirements.

Section 1017 Manufactured Home Park Application Requirements

1. The applicant follows the rezoning process pursuant to Chapters 20 - 24;

2. A request for a change in zoning districts to a Manufactured Home Park District shall set forth the location and legal description of the proposed manufactured home park property;

3. Each application for a manufactured home park shall be accompanied by a detailed site development plan incorporating the regulations established herein. The plan shall be drawn to scale and indicate the following:

A. Location and topography of the proposed manufactured home park, including adjacent property owners and proximity to federal and state highways, and to county, township, or city roads;

B. Exterior and interior property or individual lot lines with dimensions and square footage of the proposed park;

C. Location and dimensions of all easements and right-of-ways;

D. Proposed lot layout, including parking and recreational areas;

E. General street and pedestrian walkway plan;

F. General utility, water, and sewer plan with proximity and proposed connection to municipal and/or private utilities; and

G. Site drainage plan and development impact on culverts, etc.

4. Certification of compliance with all ordinances and regulations regarding manufactured home park licensing and zoning, health, plumbing, electrical, building, fire prevention, and all other applicable ordinances and regulations.

Section 1019 Manufactured Home Regulations within a Manufactured Home Park

1. Manufactured home developments should be located to avoid the need for excessive traffic movement from the park to pass through an existing single-family residential area or area suitable for future single-family residential development; and

2. Access and Street Requirements:

A. All manufactured home spaces must be served from internal private streets within the manufactured home park and there shall be no direct access from a manufactured home space to a public street or alley;

B. Internal private streets must be graveled at a minimum and kept in good repair to prevent excessive potholes or pooling of water;

C. A minimum of two (2) off-street parking spaces shall be provided for each manufactured home lot; guest parking of one (1) parking space per five (5) manufactured home spaces shall be interspersed throughout the manufactured home park;

D. No internal private street access to public streets shall be located closer than one hundred (100) feet to any public street intersection;

E. Stop signs shall be placed at all public street intersections and Yield signs placed appropriately on internal private streets;

F. Entrance to manufactured home parks shall have direct connections to a public road and shall be designed to allow free movement of traffic on such public roads; and

G. Streets should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with twelve (12) feet minimum moving lanes for collector streets, twelve (12) feet minimum moving lanes for minor streets, and eight (8) feet minimum lanes for parallel parking.

3. Other Requirements:

A. Manufactured homes may be of single or multiple sections and shall not be less than fourteen (14) feet as assembled on the site, as measured across the narrowest portion;

B. Provided with skirting material, which is not highly combustible and installed around the perimeter of the home from the bottom of the manufactured home to the ground;

C. The hitch shall be removed;

D. All electric service shall be underground;

E. Each manufactured home lot shall be connected to the City of Winner water and sewer systems with individual utility service lines and valves as approved by the City;

F. If individual collection points are not available, each manufactured home park shall provide screened areas or enclosed containers accessible for refuse collection of an adequate size for the number of units served, and shall provide for the disposal of such refuse on a regularly scheduled basis;

G. Anchored to the ground to resist tipping and lateral movement in the manner contemplated by the manufactured design;

H. Not less than ten (10) percent of the gross site area shall be devoted and maintained as recreational facilities for occupant needs;

I. No manufactured home shall occupy more than fifty (50) percent of the area of the lot on which it is situated;

J. A landscaped buffer area of twelve (12) feet in width shall be provided and maintained around the perimeter of the park, except where walks and drives penetrate the buffer;

K. The manufactured home shall meet or exceed the federal HUD Manufactured Home Construction and Safety Standards; and

L. Additional development requirements may be prescribed as conditions for approval when determined to be necessary to ensure protection of the neighboring property’s character, compatibility with land uses, and health and safety of manufactured home park occupants.

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 11

HIGHWAY COMMERCIAL DISTRICT (C-1)

Section 1101 Intent

The intent of the Highway Commercial District (C-1) is to provide for a commercial area for those businesses which normally function with and need major highway access.

Section 1103 Principal Permitted Uses and Structures

The following principal uses and structures shall be permitted in a Highway Commercial District (C-1):

1. Car washes;

2. Bus depots;

3. Contract construction services;

4. Agricultural services and sales;

5. Agricultural chemical sales and applications;

6. Manufacturing;

7. Lumber yards;

8. Plumbing services;

9. Heating, ventilating, and air-conditioning services;

10. Truck or equipment terminals;

11. Veterinary clinics;

12. Veterinary services;

13. Electronic media studios, pursuant to Section 1641;

14. Offices;

15. Financial institutions;

16. Funeral homes;

17. Service establishments;

18. Clinics;

19. Bars;

20. Wholesale sales;

21. Greenhouses, commercial;

22. Arcades;

23. Motels;

24. Hotels;

25. Dwelling units, second story or above;

26. Open sales areas;

27. Gasoline stations;

28. Convenience stores;

29. Garages, public;

30. Repair shops, motor vehicle;

31. Repair shops, auto-body;

32. Retail sales;

33. Rent-all shops;

34. Exhibition areas;

35. Self-storage warehouses;

36. Lockers;

37. Utility facilities;

38. Restaurants;

39. Restaurants, in-house;

40. Restaurants, drive-ins;

41. Theaters;

42. Theaters, drive-in; and

43. Food product processing facilities.

Section 1105 Permitted Accessory Uses and Structures

The following accessory uses and structures shall be permitted in a Highway Commercial District (C-1):

1. Dwelling units as accessory uses to the principal use;

2. Parking spaces, pursuant to Chapter 18;

3. Signs, exterior on-site;

4. Signs, directional on-site;

5. Signs, directional off-site;

6. Signs, real estate;

7. Signs, bulletin board;

8. Signs, banner;

9. Signs, name and address plate;

10. Signs, mounted wall;

11. Signs, easement and utility;

12. Signs, flag; and

13. Accessory structures and uses customary incidental thereto.

Section 1107 Conditional Uses

After the provisions relating to conditional uses have been fulfilled, the Board of Adjustment may permit as conditional uses in a Highway Commercial District (C-1):

1. Dwellings, single-family;

2. Manufactured homes;

3. Modular homes;

4. Schools, public;

5. Schools, private or denominational;

6. Warehouses;

7. Outdoor storage areas, pursuant to Section 1633;

8. Campgrounds, pursuant to Section 1635;

9. Amusement parks;

10. Commercial outdoor recreation facilities;

11. Towers, pursuant to Section 1641;

12. Security dwelling units;

13. Signs, projecting;

14. Signs, roof;

15. Signs, off-site;

16. Signs, portable; and

17. Signs, ground and monument.

Section 1109 Classification of Unlisted Uses

Section 1111 Prohibited Uses and Structures

All uses and structures which are not specifically permitted as principal, accessory, or conditional uses or approved as such within the provisions of Section 1109 shall be prohibited.

Section 1113 Minimum Lot Requirements

1. The minimum lot area shall be ten thousand (10,000) square feet; and

2. The minimum lot width shall be one hundred (100) feet.

Section 1115 Minimum Yard Requirements

All yards must meet the following criteria as measured from the lot line. This Section shall apply to all buildings and structures, including but not limited to decks, patios, and garages:

1. Front yard...................................................................................... 40 feet;

2. Rear yard...................................................................................... 10 feet; and

3. Side yard....................................................................................... 10 feet.

Section 1117 Maximum Height

The maximum height of structures shall be forty-five (45) feet.

THIS PAGE RESERVED FOR FUTURE USE
CHAPTER 12

COMMERCIAL DISTRICT (C-2)

Section 1201 Intent

The intent of the Commercial District (C-2) is to provide a commercial use other than the downtown main commercial district, without the large setbacks of a Highway Commercial District (C-1).

Section 1203 Principal Permitted Uses and Structures

The following principal uses and structures shall be permitted in a Commercial District (C-2):

1. Retail sales;

2. Financial institutions;

3. Service establishments;

4. Clubs;

5. Financial services;

6. Governmental services;

7. Hospitals;

8. Clinics;

9. Bars;

10. Dwelling units, second story and above;

11. Restaurants;

12. Gasoline stations;

13. Bus depots;

14. Heating, ventilating, air-conditioning sales and service;

15. Theaters;

16. Electronic media studios;

17. Arcades;

18. Health and fitness clubs;

19. Utility facilities;

20.