18-2-101. DEFINITIONS.

In this Title and in Title 19, except where otherwise specifically provided or the context otherwise requires, the following terms and expression shall have the following meanings.

1. “Accessory Use of Building” means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot.
2. “Agriculture” means the tilling of the soil, the raising of crops, horticulture, livestock farming, dairying and/or animal husbandry.
3. “Alley” means a public thoroughfare or way which has a width of not more than 20 feet which affords only a secondary means of access to abutting property.
4. “Apartment House” means a building or portion of a building, designed for occupancy by three or more families living independently of each other and containing three or more dwelling units.
5. “Building” means any structure, including mobile homes, established for the support, shelter or enclosure of person, animals, of chattels, and when separated by division walls without openings from the ground up, each portion of such structure shall be deemed a separate building. For purposes of this Title, “mobile homes” does not include vehicles or trailers that are not normally occupied other than for travel.
6. “Business” means any regular or temporary activity engaged in by any person for the purpose of conducting a trade, profession or commercial activity involving the sale of any property or services. However, an isolated sale of property or services shall not be considered of traditional Indian art or handicrafts by tribal members or the traditional practice of medicine by a tribal member be considered to be a “business” under this Title.
7. “Constitution” or “Tribal Constitution” means the Constitution and Bylaws of the Rosebud Sioux Tribe of South Dakota, ratified on November 23, 1935, and approved by the Secretary of the Interior, Harold L. Ickes, on December 16, 1935, as amended from time to time thereafter.
8. “Council” or “Tribal Council” means the Rosebud Sioux Tribal Council established as the governing body of the Rosebud Sioux Tribe in the Tribal Constitution.
9. “Commission” means the Land Use and Environment Commission established under this Title.
10. “Department” means the Land Use and Environment Department established under this Title.
11. “Director” means the Tribal Director appointed pursuant to Chapter Five of this Title or, if with respect to matters governed by Chapter Six of Title 19 only and enforcement thereof, the Director of Water Resources.
12. “Dwelling” means a building or portion thereof designed exclusively for residential purposes, including one family, two family, and multiple family dwellings, but shall not include hotels, auto courts, boarding houses and lodging houses.
13. “Dwelling Unit” means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.
14. “Dwelling, Single Family” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.
15. “Dwelling, Two Family” means a detached building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. Such definition shall also include the term “Duplex.”
16. “Dwelling, Multiple Family” means a building, or portion thereof, designated for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
17. “Farming Activities” means all acts or human efforts for the raising of crops, horticultural endeavors, soil protection or preparation efforts, or ground enhancement activities for cultivation of fruits, vegetables, flowers, grasses, plants or other crops which occur within the exterior boundaries of the Reservation, including activities involving the use of pesticides, fertilizers, chemical enhancers or other products or natural substances utilized in the raising of crops or other vegetal species.
18. “Forest Activities” mean all acts of human efforts for the raising or for the production enhancement of trees, plants or other forest crops, horticultural endeavors for the production of trees or other fiber producing vegetal species (excluding cotton), erosion control efforts and other activities for soil protection, preparation or conservation which occurs within the exterior boundaries of the Reservation, including activities involving the use of pesticides, fertilizers, chemical enhancers or other products or natural substances utilized in the replanting or raising of trees, forest crops or other products or natural substances utilized in the replanting or raising of trees, forest crops or other vegetal species (other than those activities included under “Farming activities” above).
19. “Grade” means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of the street side of a sidewalk, the above-ground level shall be measured at the sidewalk.
20. “Home Occupation” means any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling place, and does not change the character thereof or have any exterior evidence of such secondary use. Any such occupation shall be carried on or conducted only by members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale upon the premises; provided, however, that the keeping of stock in trade or commodities for sale may be done by any enrolled tribal member engaged in the manufacture, sale and repair of Indian arts and crafts.
21. “Immediate family” means brother, sister, son, daughter, mother, father, husband, wife, step-brother, step-sister, half brother, half sister, or brother, sister, son, daughter, mother or father by adoption.
22. “Institution” means an establishment maintained and operated by a society, corporation, individual, foundation, or public agency for the purpose of providing charitable, social, educational, or similar services to the public, groups, or individuals.
23. “Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include “Tracts” or “Parcels.”
24. “Lot Area” or “Parcel Area” means the total horizontal area within the boundary lines of a lot or a parcel. For the purposes of determining area in the case of an irregular triangular or cone-shaped lot or parcel, a line 10 feet in length within the lot or parcel and farthest removed from the front lot line and at right angles to the line constituting the depth of such lot or parcel shall be used as the rear lot line.
25. “Lot, Corner” means a lot situated at the intersection of two or more streets, except where the angle of the intersection of the street margins exceeds 135º.
26. “Lot, Inside or Interior” means a lot other than a corner lot or reversed corner lot.
27. “Lot Key” means the first lot to the rear of a reversed corner lot and whether or not separated by an alley.
28. “Lot Line, Front” means in the case of interior lot, the property line separating the lot from the street. In the case of a corner lot, the front line shall be the property line separating the narrowest street frontage of the lot from the street.
29. “Lot Line, Rear” means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines; the following shall apply:
    1. For a triangular or cone-shaped lot a line 10 feet in length within the lot and farthest removed from the front line at right angles to the line comprising the depth of such lot shall be used at the rear lot line.
    2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line.
    3. In the case of a pentagonal lot, the rear boundary of which includes an angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
30. “Lot Line, Side” means any lot boundary line not a front line lot or a rear lot line.
31. “Lot of Record” means a lot shown on an officially recorded plot or subdivision, or a parcel of land the deed of which is officially recorded, considered as a unit of property, and described by metes and bounds.
32. “Lot, Reversed Corner” means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of such corner lot abuts.
33. “Lot through” means an interior lot having frontage on two streets.
34. “Lot Width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot line. However, the length of the line constituting the rear line of the required front yard shall never be less than 50 feet.
35. “Notice,” as used in this Section, means publication in any newspaper of general circulation on the Reservation.
36. “Percentage of Lot Occupancy” means the percentage of a lot of parcel as herein defined, which is occupied as building area.
37. “Person” means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, investment trust, municipal corporation, corporation, association, syndicate, pool, organization, society, political entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
38. “Preside” means to occupy the place of authority of, direct, control, or regulate proceedings of, exercise superintendent or guidance of, an organization, meeting or activity.
39. “Property” means realty and personal, of whatever nature, including fixtures, money, claims, intangible rights and interests in property.
40. “Reservation” means:
    1. The Rosebud Sioux Reservation, including all lands, islands, waters, roads, and bridges or any interests therein, whether in trust or non-trust status and notwithstanding the issuance of any patent or right-of-way, within the boundaries of the Reservation as established in Section Two of the Act of March 2, 1889, 25 Stat. 888, and such other lands, islands, waters or any interest therein thereafter added to the Reservation at any time;
    2. All trust or restricted land of the Tribe or any enrolled member of the Tribe situated within the historical boundaries of the Reservation established in Section Two of the Act of March 2, 1889, 25 Stat. 888, including lands, islands, waters, roads, or any interests therein, including Tripp, Mellette, Gregory and Lyman Counties;
    3. All persons and property within any geographical area referred to in Subsections (40) (a) and (2), (40) (b) above, that is subject to the jurisdiction and governmental power of the Tribe.
41. “Right Of Way, Private” means every way, lane, road, street, and every way or place on the Reservation in private ownership and used for travel by the owner or owners or those persons having express or implied permission from the owner or owners, but not by other persons.
42. “Right Of Way, Public” means every way, lane, road, street and every way or place on the Reservation open as a matter of right to public vehicular travel.
43. “Sign” means any outdoor advertising display or outdoor advertising structure designed and placed so as to be readable principally from the outside.
44. “State” means the State of South Dakota.
45. “Structural Alterations” means any change in the support in members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders, or rafters, or changes in the roof or exterior lines if such changes result in any enlargement of the building.
46. “Structure” means anything constructed located, or established that requires location on the ground or attached to something having a location on the ground but not including fences or walls used as fences less than six feet in height.
47. “Tribal Appellate Court” means the court of that named established under the provisions of Chapter One of Title 9 of this Code, and the Judges of that Court, collectively and individually, serving and acting in that office and capacity.
48. “Tribal Court” means the court of that name established under the provisions of Chapter One of Title 19 of this Code, and the Judges of that Court, collectively and individually, serving and acting in that office and capacity.
49. “Tribal Land Enterprise” means the Tribal Land Enterprise established by the Tribe pursuant to the Bylaws, Tribal Land Enterprise, Rosebud Indian Reservation adopted by the Tribal Council April 5-7, 1943, approved by the Secretary of the Interior July 8, 1955, as amended.
50. “Tribal member” or “member” means an individual Indian who is enrolled in the Rosebud Sioux Tribe.
51. “Waterway” means any creek, stream, river or lake within the boundaries of the Reservation, including man-made canals, ditches, or lakes.
52. “Yard” means an open space other than a court, on the same lot with a building and unoccupied from the ground upward.
53. “Yard, Front” means the required yard extending along the entire length of the front line of the lot which is the street line, and measured from the building to the street.
54. “Yard, Rear” means the required yard extending along the entire width of the lot at the rear of a building, measured from the building in the direction opposite from the front yard.
55. “Yard, Side” means the required yard between the side wall of a building and the side line of the lot, measured from the building to the side line.
56. “Zone” means a geographical area given a specific land use designation pursuant to Chapter Eight through Seventeen of this Title.