Ordinance _______

An Ordinance Amending Clark County Ordinance 03-03, An ordinance establishing zoning regulations for Clark County South Dakota, and providing for the administration, enforcement, and amendment thereof, in accordance with the provisions of Chapter 11-2 1967 SDCL, and amendments thereof, and for the repeal of all in conflicts herewith  

 

Ø  Bolded Underlined Yellow Highlighted language represents proposed new ordinance language

 

Ø  Strikeout Yellow Highlighted language represents language proposed to be deleted from ordinance

 

Ø  Bolded Underlined Aqua Highlighted language represents existing ordinance language deleted and placed into a new section of the proposed ordinance

 

Ø  Strikeout Aqua Highlighted language represents existing language proposed to be deleted and inserted into new section of the proposed ordinance


ARTICLE I

GENERAL PROVISIONS

 

CHAPTER 1.01 TITLE AND APPLICATION

 

Section 1.01.01 Title 

 

This Ordinance may be known and may be cited and referred to as the “Clark County Zoning Ordinance” to the same effect as if the full title were stated.

 

Section 1.01.02 Jurisdiction 

 

Pursuant to SDCL 11-2, 1967, as amended, the provisions of this Ordinance shall apply within the unincorporated areas of Clark County, South Dakota, as established on the map entitled “The Official Zoning Map of Clark County, South Dakota.”

 

Section 1.01.03 Purpose 

 

The Zoning Ordinance is adopted to protect and to promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives:

 

1.     To assist in the implementation of Clark County’s Comprehensive Land Use Plan which in its entirety represents the foundation upon which this Ordinance is based.

 

2.     To foster a harmonious, convenient, workable relationship among land uses.

 

3.     To promote the stability of existing land uses that conform with the Land Use Plan and to protect them from inharmonious influences and harmful intrusions.

 

4.     To insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the community as a whole.

 

5.     To prevent excessive population densities and overcrowding of the land with structures.

 

6.     To protect and enhance real estate values.

 

7.     To place the power and responsibility of the use of land in the hands of the property owner contingent upon the compatibility of surrounding uses and the comprehensive land use plan.

 

8.     To facilitate the adequate provision of transportation, water and sewerage, schools, parks, and other public requirements.

 

9.     To regulate and restrict the height, number of stories, and bulk of building and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; and the location and use of other purposes.

 

10.  To regulate and restrict the erection, construction, reconstruction, alteration, repair, and use of building, structures, and land.

 


CHAPTER 1.02 ORDINANCE PROVISIONS

 

Section 1.02.01 Provisions of Ordinance Declared to be Minimum Requirements 

 

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, Ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards, shall govern.

 

Section 1.02.02 Purpose of Catch Heads 

 

The catch heads appearing in connection with the foregoing sections are inserted simply for convenience, to serve the purpose of an index and they shall be wholly disregarded by any person, officer, court or other tribunal in construing the terms and provisions of this Ordinance.

 

Section 1.02.03 Enforcement, Violation and Penalty

 

In case any building or structure is erected, constructed, reconstructed, altered, converted, or any building or structure or land is used in violation of this Ordinance or other regulation or resolution of the Board of Commissioners of Clark County made under authority conferred, hereby the Administrative Official, or Clark County, as a corporation or any interested person, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or   use, to restrain, correct or abate such violation, to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business, or use in and to and of such premises.

 

Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in the granting of Variance or Conditional Uses, shall constitute a misdemeanor.  Any person who violates this   ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than two hundred ($200) or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case.  Each day such violation continues shall be considered a separate offense.  The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.  Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.  

 

Section 1.02.03.01. Enforcing Official.  The provisions of this Ordinance shall be administered and enforced by the Administrative Official appointed by the Board of County Commissioners, who shall have the power to make inspection of building or premises necessary to carry out his duties in the enforcement of this Ordinance.

 

Section 1.02.03.02.  Violations of the ordinance shall be treated in the manner specified below.

 


1.   Any person who starts work, for which a permit is required by this Zoning Ordinance, without first securing such permit and paying the prescribed fee, shall be charged according to the provisions of this section.  All fees assessed there under shall be rounded to the nearest whole dollar.

 

Upon finding such violation, Clark County Planning Staff shall notify the owner of property involved verbally or by sending a written notification of the requirement that a permit be obtained to the owner of the property involved by certified mail with return receipt requested.  If application for said permit is filed within seven (7) working days from the verbal notification or date of receipt of the letter, an administrative fee shall be assessed in the amount of one hundred percent (100%) of the fee for the building permit plus the cost of the postage for mailing the aforementioned notice.  In no case shall this administrative fee be less than five dollars ($5.00), including the postage costs.

 

a.     If application for said permit is filed after the deadline of seven (7) working days following the verbal notice or receipt of the notification of the requirement therefore, there shall be imposed an administrative fee in the amount of two (2) times the building permit fee plus the cost of the postage for mailing the aforementioned notice.  In no case shall this administrative fee be less than five dollars ($5.00), including the postage costs.  The payment of the administrative fee shall not relieve such person from the provisions of paragraph (2) below.

 

b.     Any administrative fee or penalty imposed under the provisions of this Zoning Ordinance shall be in addition to any other fees or charges required under this Zoning Ordinance.

 

2.     It is declared unlawful for any person to violate any of the terms and provisions of these regulations or other official control adopted by the Board of County Commissioners pursuant thereto.  Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provision of this Zoning Ordinance may be subject to a civil or criminal penalty. The penalty for violation of this Zoning Ordinance shall be five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days, or both, and in addition the violator shall pay all costs and expenses involved in the case. Each and every day that such violation continues after notification may constitute a separate offense.  All fines for violation shall be paid to the Auditor and shall be credited to the General Fund of the County.

 

The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.  Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.”

 

3.     In the event, any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations, or a threatened violation of these regulations, the appropriate authorities of Clark County in addition to other remedies, may institute injunction, mandamus or other appropriate actions or proceedings in a court of competent jurisdiction to prevent, restrain, correct or abate such violation or a threatened violation of these regulations, and it is the duty of the State's Attorney to institute such action.

4.  Any taxpayer of the County may institute mandamus proceedings in Circuit Court to compel specific performance by the proper official or officials of any duty required by these regulations.

 

Section 1.02.04 Separability Clause

 

Should any article, chapter, section, or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part other than the part so declared to be unconstitutional or invalid.

 

Section 1.02.05 Repeal of Conflicting Ordinances

 

All ordinances or resolutions or part of ordinances or resolutions in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are repealed entirely.

 

Section 1.02.06 Effective Date

 

This Ordinance shall take effect and be in force from and after its passage and publication according to law.

 

 

CHAPTER 1.03 OFFICIAL ZONING MAP

 

Section 1.03.01 Provision for Official Zoning Map

 

The unincorporated area of the county 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 Chairman of the Board of County Commissioners attested by the County Auditor, and bearing the seal of the County under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 1.03.01 of the Ordinance 03-03 adopted June 3, 2003 by Clark County, South Dakota.”

 

If, in accordance with the provisions of this Ordinance, changes are made in 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 Board of County Commissioners, with an entry on the Official Zoning Map as follows: “On (date of adoption) by official action of the Board of County Commissioners, the following change(s) were made in the Official Zoning Map:” (brief description of nature of change), which entry shall be signed by the Chairman of the Board of County Commissioners and attested by the County Auditor. 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 on 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.

 


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 which shall be located in the Office of the County Auditor shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the County.

 

Section 1.03.02 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 at approximately following the center lines of streets, highways, or alleys, shall be construed to follow such center lines; In cases where the boundary line is given a position within a street, road, or non-navigable stream, it shall be deemed to be in the center of the street, road, or stream, and if the actual location of such street, road, or stream varies slightly from the location as shown on the district map, then the actual location shall control.

 

2.     Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the Official Zoning Map accompanying and made a part of this Ordinance are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map or by resolution.

 

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; In cases where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from the railroad shall be measured from the center of the designated mainline track.

 

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 streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines; In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

 

6.     Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; and In unsubdivided property, unless otherwise indicated, the district boundary line on the Official Zoning Map accompanying and made a part of this Ordinance shall be determined by the use of the scale contained on such map.

 

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 1 through 6 above, the Planning and Zoning Commission shall interpret the district boundaries. A district name or letter symbol shown on the district map indicates that the regulations pertaining to the district designated by that name or symbol extend throughout the whole area in the unincorporated portions of the County bounded by the district boundary lines.

 

Section 1.03.03 Disincorporation 

 

All territory which may hereafter become a part of the unincorporated area of the County by the disincorporation of any village, town or city, or for some other reason may fall within the zoning jurisdiction of the County, shall automatically be classified in the “A” Agricultural District until within a reasonable time following disincorporation, or acquisition of zoning jurisdiction, the territory shall be appropriately classified by Ordinance.

 

Section 1.03.04 Changes and/or Replacement of Official Zoning Map

 

1.     In the event that the Official Zoning Map becomes damaged, destroyed, or lost or difficult to interpret because of the nature or number of changes and additions, the Board of County Commissioners may by ordinance adopt a new Official Zoning Map, which shall supersede the prior 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 corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

 

2.     In the event that the Official Zoning Map becomes difficult to interpret because of the nature or number of changes and additions, the Board of County Commissioners  may by resolution adopt a new Official Zoning Map, which shall supersede the prior 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 corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

 

3.     The new Official Zoning Map shall be identified by the signature of the Chairperson of the Board of County Commissioners attested by the County Auditor, and bearing the seal of the County under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of Clark County, State of South Dakota.”

 

4.     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.

 

5.     Changes to the Official Zoning Map shall require amendment of this regulation by ordinance, as provided for in Chapter 3.04, Section 3.04.05 of these regulations

 

 


ARTICLE II

DISTRICT REGULATIONS

 

CHAPTER 2.01 APPLICATION OF DISTRICT REGULATIONS

 

Section 2.01.01 Application of District Regulations 

 

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

 

1.     No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or use of land be used except for a purpose listed as a permitted use or conditional use in the district in which the building or land is located.

 

2.     No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit established for the district in which the building is located.

 

3.     No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area and parking regulations of the district in which the building is located.

 

4.     The minimum yards and other open spaces, including lot area per family, required by this Ordinance for each and every building at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other buildings, nor shall any lot area be reduced beyond the district requirements of this Ordinance.

 

5.     All sign sizes, lighting, and locations shall, at a minimum, meet all State and Federal laws and regulations.

 

CHAPTER 2.02      NON-CONFORMING USES      

 

Section 2.02.01 Purpose and Intent

 

Within the districts established by this Ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before this Ordinance was passed or amended but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

 

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include 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 begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently. The purpose of this article is to provide for the regulation of nonconforming uses, buildings, and structures, and to specify those circumstances under which they shall be permitted to continue.  Further, it is intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.

 

Section 2.02.02 Repairs and Maintenance 

 

On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repairs or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the non-conformity of the structure shall not be increased.

 

If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe, or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

 

Section 2.02.03 Uses and Structures 

 

1.     In the event that a nonconforming use of any building or premises is, in fact, discontinued or its normal operation stopped for a period of one (1) year, the Board may adopt, after notice by registered or certified mail to the property owners, an amortization schedule to bring about the gradual elimination of such nonconforming use or occupancy.

 

2.     No existing building devoted to a use not permitted by this Ordinance, in the district in which such building is located, except when required to do so by law, shall be enlarged, extended, converted, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which the building is located.

 

3.     When a building, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, or the public enemy, to the extent of more than sixty percent (60%) of its fair market value, it shall not be restored except in conformity with the regulations of the district in which the building is situated.

 

4.     Nothing in this Ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a building or premises in violation of zoning regulations in effect at the time of the effective date of this Ordinance.

 

Section 2.02.02 Continuation of Nonconforming Uses. Subject to the provisions of this article, the lawful use of a premise existing immediately prior to the effective date of this ordinance may be continued although such use does not conform to the provisions hereof.

 

Section 2.02.03. Use Becoming Nonconforming by Change in Law or Boundaries. Whenever the use of a premises becomes a nonconforming use through a change in zoning ordinance or district boundaries, such use may be continued, although the use does not conform to the provisions thereof.

 


Section 2.02.04. Extension or Enlargement. A nonconforming use shall not be enlarged, extended, converted, reconstructed, or structurally altered unless such use is changed to a use permitted in the district in which the premise is located. 

 

Section 2.02.05. Restoration After Damage.  When the use of a building is nonconforming as defined by this ordinance and such a building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than sixty (60) percent of its fair market cash value, it shall not be restored except in conformity with the provisions of the district in which the building is located. Such repair or reconstruction of such building shall be begun within six (6) months after such casualty and completed within a reasonable time thereafter. The loss in value shall be computed as the difference between the actual cash value of the structure immediately before and after the casualty. Cash value shall be the same as that used for insurance purposes as approved by the State of South Dakota Insurance Code.

 

Section 2.02.06. Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repairs or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the nonconformity of the structure shall not be increased.

 

Section 2.02.07. Unsafe Nonconforming Use.  If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

 

Section 2.02.08. Discontinuance of Nonconforming Use.  No nonconforming use, building, structure or premises, if once changed to conform to the requirements of this ordinance for the district in which it is located, shall ever be changed back so as to be nonconforming. In the event that a nonconforming use is discontinued for more than one (1) year, any subsequent use shall thereafter be in conformity with the regulations of the district in which it is located.

 

Section 2.02.09. Effect on Use Which is Illegal Under Prior Law.  Nothing in this Ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a building or premises in violation of zoning regulations in effect at the time of the effective date of this Ordinance.

 

Section 2.02.10. Powers of the Planning Commission/Board of Adjustment.  Nothing contained in this Section shall be so construed as to abridge or curtail the powers of the County Planning Commission or Board of Adjustment as set forth elsewhere in this Ordinance.

 

Section 2.02.11. Continuation of Nonstandard Uses. Nonstandard uses existing immediately prior to the effective date of this ordinance may be continued, although such uses do not conform to the provisions hereof. Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed, or structurally altered as follows:

 

1.     Enlargements, extensions, conversions, or structural alterations may be made as required by law or ordinance.

 

2.     Structural alteration of buildings or structures may otherwise be made if such changes do not encroach into an existing front yard, side yard, or rear yard which is less than the minimum required yards for the district in which they are located.

 

3.     Enlargement, extension, conversion of buildings or structures may otherwise be made if such changes comply with the minimum required yards, lot area, height, landscaping, parking, and density for the district in which they are located.

 

Section 2.02.0412 Non-conforming Lots of Record 

 

1.     In any zoning district in which single-family dwellings are permitted, a single-family dwelling a permitted or conditional use and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Planning and Zoning Commission Board of Adjustment.

 

2.     If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this Ordinance.

 

 

CHAPTER 2.03 DISTRICT REGULATIONS

 

Section 2.03.01 Districts 

 

For the purpose of this Ordinance, the unincorporated areas of the County may be divided into any of the following zoning districts: A-Agricultural; CI-Commercial/Industrial; NR-Natural Resources; PR-Planned Residential; AP-Aquifer Protection; and TD-Town District.

 

In addition to zoning districts, the “AP” Aquifer Protection zoning overlay district imposes special regulations on the property that may fall within these districts without abrogating the requirements imposed by the underlying land use district regulations.

 

Section 2.03.02 Prohibited Uses 

 

All uses and structures not specifically listed as a permitted use or as a conditional use in a particular zoning district shall be prohibited in said district.   

 


CHAPTER 2.04 “A” AGRICULTURAL DISTRICT  

 

Section 2.04.01 Purpose

 

This district is established to preserve open space and maintain and promote farming and related activities within an environment which is generally free of other land use activities. The Agricultural District is further characterized, as land areas not yet ready for further development. Residential development, other than single-family farming dwelling units, will be discouraged to minimize conflicts with farming activities and reduce the demand for expanded public services and facilities.

 

Section 2.04.02 Permitted Uses

 

1.     Agricultural activities and farm related buildings, excluding Class A, B, C, and D Concentrated Animal Feeding Operations but including Class E Concentrated   Animal Feeding Operations;

 

2.     Site-built single-family dwellings, modular homes, and Type I and Type II  manufactured homes used as farm or non-farm dwellings;

 

3.     Fisheries services and game propagation areas (Public wildlife production areas);

 

4.     Public parks and recreation areas;

 

5.     Temporary fireworks stands used for the sale of fireworks during times of the year specified in SDCL 34-37 provided that there have been no past complaints or violations regarding previous sales;

 

6.     Private Shooting Preserves On-premise signs;

 

7.     Game lodge

 

8.     Animal husbandry service.

 

Section 2.04.03 Permitted Accessory Uses

 

The following accessory uses and structures shall be permitted in the “A” Agricultural District:

 

1.     Accessory uses and structures customarily incidental to permitted uses and structures when established within the space limit in compliance with the requirements of this district;

 

2.     Home occupation;

 

3.     Temporary roadside stands for sales of agricultural products grown or produced on the premises provided that there have been no past complaints or violations regarding previous sales.

 

 

Section 2.04.04 Conditional Uses

 

1.     Airports and airstrips;

 

2.     Church or cemetery;

 

3.     Golf course, golf driving range, clubhouse;

 

4.     Sand, gravel or quarry operation; mineral exploration and extraction; rock crushers; and concrete and asphalt mixing plants provided they meet the requirements of Chapters 4.20.

 

a.     The site meets the requirements of the State Department of Environment and Natural Resources.

 

b.     A site plan is provided indicating the following information:

 

i.       Present topography, soil types, and depth to groundwater.

 

ii.      Location of existing water drainage, existing buildings, existing shelterbelts.

 

iii.     Identification of roads leading to the site.

 

iv.    Proposed changes at the site such as new shelterbelts, new buildings, changes in topography, new fence lines.

 

v.      Proposed monitoring wells, etc.

 

vi.    A requirement for receiving a permit for extractive/mining operations shall include a haul-road agreement between the applicant and appropriate governmental entity (Federal, State, County, Township, or Municipality).

 

vii.   The applicant may be required to provide information regarding how potential air, noise, and water pollution would be minimized.

 

viii.  No mineral exploration and extraction; rock crushers; and concrete and asphalt mixing plants will be allowed within one thousand (1,000) feet from the mineral exploration and extraction; rock crushers; and concrete and asphalt mixing plants property line to the nearest residence; excluding: the residence of the above said uses operator.

 

ix.    Mineral exploration and extraction; rock crushers; and concrete and asphalt mixing plants shall be set back at least one hundred (100) feet from any public right-of-way.

 

5.     Sanitary landfills, rubble sites, composting sites, waste tire sites, restricted use sites, and other sites governed by the South Dakota Department of Environment and Natural Resources permits for solid waste provided they meet the requirements of Chapter 4.30.

 

a.     The site meets the requirements of the State Department of Environment and Natural Resources.

 

b.     A site plan is provided indicating the following information:

 

i.       Present topography, soil types, and depth to groundwater.

 

ii.      Location of existing water drainage, existing buildings, existing shelterbelts.

 

iii.     Identification of roads leading to the site.

 

iv.    Proposed changes at the site such as new shelterbelts, new buildings, changes in topography, new fence lines.

 

v.      Proposed monitoring wells, etc.

 

vi.    No sanitary landfill will be allowed within one thousand (1,000) feet from the landfill property line to the nearest residence; excluding: the residence of the landfill operator.

 

6.     Land application of petroleum-contaminated soils;

 

7.     Institution farms, including religious farming communities;

 

8.     Bed and breakfast home provided they meet the requirements of Chapter 4.27;

 

9.     Domestic sewage treatment plant/facility provided they meet the requirements of Chapter 4.31;

 

a.     The site meets the requirements of the State Department of Environment and Natural Resources.

 

b.     A site plan is provided indicating the following information:

 

i.       Present topography, soil types, and depth to groundwater.

 

ii.      Location of existing water drainage, existing buildings, existing shelterbelts.

 

iii.     Identification of roads leading to the site.

 

iv.    Proposed changes at the site such as new shelterbelts, new buildings, changes in topography, new fence lines.

 

v.      Proposed monitoring wells, etc.

 

vi.    No sewage treatment plant/facility will be allowed within one thousand (1,000) feet from the sewage treatment plant/facility property line to the nearest residence; excluding: the residence of the sewage treatment plant/facility operator.

 

10.  Class A, Class B, Class C, Class D Concentrated Animal Feeding Operations. (See Concentrated Animal Feeding Operations, Article IV, Chapter 4.24)

 

11.  Veterinary clinics;

 

12.  Junkyards/salvage yards, provided that they meet the following minimum requirements and other restrictions that the Board of Adjustment may deem appropriate the requirements of Chapter 4.32.

 

a.     Storage for junkyards shall be set back a minimum of two hundred (200) feet from any adjoining road right-of-way.

 

b.     Junkyards shall be screened on all sides by a solid wall, with construction materials and design to be approved by the Board of Adjustment, at least two (2) feet above the highest stock pile or by a shelterbelt of shrubs and trees as approved by the Board of Adjustment; screening must be maintained in good repair.

 

c.      No junkyards will be allowed within one thousand (1,000) feet from the junkyard property line to the nearest residence; excluding: the residence of the junkyard operator.

 

d.     All junkyards must have a minimum lot of ten (10) acres.

 

13.  Water pumping stations, elevated tanks and similar essential public utilities and service structures. Public utility and public service structure including transmission lines, substations, gas regulator stations, pipelines, community equipment buildings, water pumping stations, elevated tanks and similar essential public utilities and service structures.

 

14.  Wireless Telecommunications Towers and Facilities (See Article IV, Chapter 4.22);

 

15.  Commercial public entertainment enterprises not normally accommodated in commercial areas, including but not limited to, the following: music concerts, rodeos, tractor pulls, and animal and vehicle races;

 

16.  Extended home occupation (see Article IV, Chapter 4.19);

 

17.  Livestock sales barns;

 

18.  Rubble sites, composting sites, waste tire sites, restricted use sites, and other sites governed by the South Dakota Department of Environment and Natural Resources permits for solid waste; Game Lodge.

 

19.  Fur farms and kennels;

 

20.  Wind Energy System (WES). (See Article IV, Chapter 4.21);

 

21.  Commercial Orchards, tree farms, truck gardening, nurseries and greenhouses;

 

22.  Horticultural Services;

 

23.  Contractor shops and yards;

 

24.  Temporary fireworks stands which have had past complaints or violations regarding previous sales;

 

25.  On and Off-site premise signs;

 

26.  Public buildings or facilities erected or established and operated by any governmental agency;

 

27.  The Board of Adjustment may permit other conditional uses which, in its opinion, are not detrimental to other uses and are in the general character of other uses in the “Agricultural District.” School.

 

28.  Seasonal retail stands – including produce and fireworks - utilizing a permanent structure.

 

29.  Commercial stables.

 

30.  Group Homes

 

31.  Caretaker residences associated with public or private enterprise.

 

32.  Private shooting preserves.

 

33.  Commercial Animal husbandry service.

 

34.  Private wind energy conversion system (PWECS) – See Chapter 4.29.

 

35.  Target range – See Chapter 4.34.

 

36.  Automotive Tow Business/Impound Lot – See Chapter 4.35.

 

Section 2.04.05 Area Regulations

 

All buildings shall be set back from road right-of-way lines and lot lines to comply with the following requirements:

 

1.     Lot Size: All residential lots shall be a minimum of one (1) acre not including public road right-of-way, except as provided in 2.04.04.7 of this Section.  Other Permitted and Conditional uses shall have minimum area regulations determined by the Board of Adjustment.

 

2.     Front Yard:  The minimum depth of the front yard shall not be less than one-hundred (100) feet from the road right-of-way and in no case shall an accessory building be located or extended into the front yard. Structures on all corner lots shall observe two (2) front yards.  The depth of the front yard on each street which the lot abuts shall be not less than one hundred (100) feet from the road right-of-way.

 

3.     Lot width:  All lots shall have a minimum width of one hundred fifty (150) feet.

 

4.     Side Yard:  The minimum width of a side yard shall be fifty (50) feet. There shall be a side yard on each side of building having a width of not less than fifty (50) feet.

 

5.   Rear Yard:  The minimum depth of a rear yard shall be fifty (50) feet or twenty percent (20%) of the depth of the buildable lot at the time of the passage of this ordinance.

 

6.   Maximum Lot Coverage:  Dwellings and accessory buildings shall cover not more than twenty‑five (25) percent of the lot area.

 

7.  Access

 

The location of drive-ways serving the accessing individual parcels shall be separated from adjacent driveways on the same side of the road by the following separation distances depending upon road types: Roads identified on the Major Street plan as:

 

i.            Local road: 100 feet; One hundred (100) foot separation distance.

ii.           Collector road: 300 feet; Three hundred (300) foot separation distance.

iii.         Arterial: 500 feet; One thousand (1,000) foot separation distance

iv.         Minimum distance from intersection of two or more of the above: 100 feet

 

a.     For all proposed uses and structures adjacent to a State Highway, an access permit from the State of South Dakota Department of Transportation shall be required prior to the filing of a plat or the issuance of a building/use permit

 

8.  Height Regulations

 

No main building shall exceed two and one‑half (2 1/2) stories or thirty‑five (35) feet in height.  Exceptions include the following structures:

 

1.     Agricultural buildings;

 

2.     Chimneys, smokestacks, cooling towers;

 

3.     Radio and TV towers;

 

4.     Water tanks;

 

5.     Wind Energy System (WES);

 

6.     Elevators and appurtenances;

 

7.     Wireless Telecommunications Towers and Facilities;

 

8.     Private wind energy systems (PWES).

 

9.     Others, providing that they are not used for human occupancy.

 

Section 2.04.06 Easements/Waivers

 

1.     An Agricultural Right to Farm easement must be filed with the Register of Deeds on all property to be used as a site for a newly constructed residence  (farm and non-farm) prior to issuance of a building permit.  See Chapter 4.23.

 


2.     Applicants for residential development (farm and non-farm) are required to obtain a written waiver from the owner/operator of any existing farm which is closer than one-half (1/2) mile from the proposed residential building site.  If the applicant is unable to obtain the written waiver, he/she shall be required to file a waiver with the Register of Deeds waiving any or all common law challenges to future expansions of the said existing concentrated animal feeding operation. This waiver shall be filed with the Register of Deeds. See Chapter 4.37.


CHAPTER 2.05 “CI” COMMERCIAL/INDUSTRIAL DISTRICT

 

Section 2.05.01 Purpose

 

The “CI” District is intended to provide areas for commercial and industrial uses activities which due to their size and nature require highway access, and further are oriented primarily to, and supportive of, farming and other activities which are determined to be appropriate in the rural area.  Industrial uses which produce smoke, noise, dust, odor, and/or heavy traffic and large outdoor storage areas shall require special review and consideration.

 

Section 2.05.02 Permitted Use

 

1.     Permitted uses in the “A” Agricultural District except residential dwellings. Field crops and grasslands;

 

2.     On and Off-premise signs;

 

3.     Orchards and tree farms;

 

4.     Accessory uses and buildings subordinate to uses listed as a permitted use or conditional use;

 

5.     Temporary fireworks stands used for the sale of fireworks during times of the year specified in SDCL 34-37 provided that there have been no past complaints or violations regarding previous sales; and

 

6.     Temporary structures used for the sale of produce raised provided that there have been no past complaints or violations regarding previous sales.

 

Section 2.05.03 Conditional Uses

 

1.   Implement sales and service;

 

2.   Truck terminals and freight warehouses;

 

3.   Seed sales and grain storage, fertilizer and chemical storage and sales;

 

4.   Highway and street maintenance shops, operated by a government institution;

 

5.   Welding and machine shops;

 

6.   Gas, oil and liquid propane stations including bulk stations;

 

7.   Public and private utilities;

 

8.   Livestock sales;

 

9.   Contractors’ shops and yards, including offices when in conjunction with a shop or yard;

 

10. Wholesale distributing companies;

 

11. Restaurants;

 

12. Motels/hotels;

 

13.  Conditional uses in the “A” Agricultural District except residential dwellings; Kennel with or without animal grooming

 

14.  On and Off-site premise signs; Commercial stables;

 

15.  The Board of Adjustment may permit other conditional uses which, in its opinion, are not detrimental to other uses and are in the general character of the “CI” District. These may include all manufacturing and processing uses, but do not include extractive or mining operations. Adult Uses see Chapter 4.26;

 

16.  Recreation vehicle sales and park;

 

17.  Bar/Tavern;

 

18.  Veterinary clinics;

 

19.  Wireless telecommunication towers and facilities;

 

20.  Wind energy systems (WES);

 

21.  Private wind energy system (PWES);

 

22.  Convenience store/service station;

 

23.  Seasonal retail stands - utilizing a permanent structure;

 

24.  Commercial orchards, tree farms, truck gardening, and greenhouses – with retail sales;

 

25.  Light manufacturing;

 

26.  Commercial animal husbandry service;

 

27.  Agricultural product processing facilities such as ethanol plants and corn/soybean processing;

 

28.  Retail sales and trade;

 

29.  Automotive tow business/Impound lot. See Chapter 4.35

 

30.  Other industrial or commercial uses determined by the Board of Adjustment to be consistent with the intent of this District that can meet the performance standards listed in section 2.05.05.

 

 

2.05.04. Area Regulations.

 

1.     Lot Area -  Lot area shall be determined by need, setback, side yards, rear yards, parking requirements, freight handling requirements, building site and future expansion; however, in no case shall a lot have less than two (2) acres, not to include the public road right-of-way. An applicant for a conditional use shall provide a proposed site plan which can be reviewed by the Board of Adjustment. For commercial and industrial uses, buildings shall occupy no more than twenty-five percent (25%) of the lot.

 

2.     Front Yard  - Structures on all corner lots shall observe two (2) front yards.  The depth of the front yard on each street which the lot abuts shall be not less than one hundred (100) feet in depth.

 

3.     Side Yards - On lots adjacent to a residential area, all buildings and incidental areas shall be located so as to provide a minimum side yard of one hundred (100) feet, which shall be landscaped on the side adjacent to the residential area. All other side yards shall be a minimum of fifty (50) feet.

 

4.     Rear Yards - No building shall be constructed within fifty (50) feet of the rear lot line. The rear yard shall be one hundred (100) feet if the lot abuts a major State or County asphalt paved/concrete highway.

 

5.     Height Regulations

 

No main building shall exceed two and one‑half (2 1/2) four (4) stories or thirty‑five (35) fifty (50) feet in height.  Exceptions include the following structures:

 

  1. Chimneys, smokestacks, cooling towers;

 

  1. Radio and TV towers;

 

  1. Water tanks;

 

  1. Wireless Telecommunications Towers and Facilities;

 

  1. Wind Energy Systems (WES)

 

  1. Private Wind Energy Systems (PWES)

 

  1. Others, providing that they are not used for human occupancy.

 

6.     Access

 

a.     For all proposed uses and structures adjacent to a State highway, an access permit from the State of South Dakota Department of Transportation shall be required prior to the filing of a plat or the issuance of a building/use permit.

 


b.     The location of driveways accessing individual parcels shall be separated from adjacent driveways on the same side of the road by the following separation distances - Roads identified on the Major Street Plan as:

 

i.   Local road:  One hundred (100) foot separation distance.

ii.  Collector road: Three hundred (300) foot separation distance.

iii. Arterial road: One thousand (1,000) foot separation distance

 

c.     It is recommended that all property in the “CI” District have access to an asphalt paved or concrete State or County Highway.  In order for the Commercial/Industrial District to have access to a gravel road, approval of the governmental entity maintaining said gravel road (Township or County) is required.

 

2.05.05. Performance Standards.  All commercial and industrial uses shall meet the following standards

 

1.     Noise.  All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.

 

2.     Air Pollution.  State emission standards shall be met by all possible sources of air pollution.  In any case, there shall not be discharged from any sources whatso­ever such quantities of air contaminants, smoke or detriment, nuisance or annoyance to any considerable number of persons or to the public in general to endanger the comfort, health or safety of any such considerable number of persons or have a natural tendency to cause injury or damage to business, vegetation or property.

 

3.     Odor.  The emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.

 

4.     Glare, Heat or Radiation.  Every use shall be so operated that there is no emission of heat, glare or radiation visible or discernable beyond the property line.

 

5.     Vibration.  Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line.

 

6.     Sewage and Liquid Wastes.  No operation shall be carried on which involves the discharge into a sewer, water­course, river or the ground of liquid wastes of any radioactive nature, or liquid wastes of chemical nature, which are detrimental to normal sewage plant operations or corrosive or damaging to sewer pipes and installations.

 

7.     Fire Hazard.  All flammable substances involved in any activity or use, shall be handled in conformance with the standard of the National Fire Protection Standards (NFPA) and any additional regulations that may from time to time be adopted by the County Commissioners

 

8.     Physical Appearance.  All operations shall be carried on within an enclosed building except that new or operable equipment may be displayed or stored in the open and waste materials stored in enclosed containers not readily visible from the street.


CHAPTER 2.06 “NR” NATURAL RESOURCES DISTRICT

 

Section 2.06.01 Intent

 

The intent of the NR Natural Resource District is to provide for the retaining of natural vegetation of a particular area, to preserve the natural environment and resources from destructive land uses and to protect wildlife habitat.  Such an area may include but is not limited to flood plains of rivers, streams and lakes, abandoned quarries, certain wetlands, natural prairies, and historical sites.

 

Section 2.06.02 Area

 

All lands, unless otherwise zoned, within three hundred (300) feet of wetlands that are totally or partially owned by the State or Federal Governments as wildlife production or public shooting areas and meandered lakes.

 

Section 2.06.03 Permitted Uses

 

The following uses and structures shall be permitted in the “NR” Natural Resources District:

 

1.     Historic sites and/or monuments, designated natural prairies.

 

2.     Wildlife production areas and forest reserves, public hunting and fishing access areas, game refuges.

 

3.     Agricultural and horticulture uses and livestock grazing, but excluding structures dwelling units.

 

Section 2.06.04 Conditional Uses if not Detrimental to District

 

1.     Essential services – Transportation and utility easements and rights-of-way, Utility substations.

 

2.     Public parks, biking/walking trails and/or playgrounds;

 

3.     Golf courses, summer camps;

 

4.     Mineral exploration and development, sand, gravel, or quarry operation.

 

5.     Transportation and utility easements and rights-of-way.

 

6.     Livestock grazing.

 

Section 2.06.05 Shoreline Alterations Filling, Grading, Dredging, and Lagooning.

 

1.  Shoreline stabilization, filling, grading, dredging, and lagooning projects in the “NR” District shall be governed by Chapter 4.33.

 

These regulations are deemed necessary along the shores of natural waters to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland.

 


1.   Removal of Shore Cover

 

Tree and shrub cutting in a strip paralleling the shoreline and extending thirty-five (35) feet inland from all points along the normal high water mark of the shoreline shall be limited in accordance with the following provisions:

 

a.   Cutting shall leave sufficient cover to screen cars, dwellings, and accessory structures, except boathouses, as seen from the water, to preserve natural beauty and to control erosion.

 

b.   Natural shrubbery shall be preserved as far as practicable, and where removed it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

 

c.   The removal of natural shrubbery and its replacement shall require the granting of a permit by the Zoning Officer. Petition for such permit shall be accompanied by a plan showing the work to be accomplished. The granting of such conditional use shall be conditional upon a contract requiring the petitioner to give to the Zoning Officer, within one (1) year after the date of grant, satisfactory evidence of compliance with such plan or pay for the cost of such compliance by the County.

 

Section 2.06.06 Filling, Grading, Lagooning and Dredging

 

1.     Filling, grading, lagooning or dredging which would result in substantial detriment to natural waters by reason of erosion, sedimentation or impairment of fish and aquatic life is prohibited.

 

2.     A permit shall be required: For any filling or grading of any area which is within three hundred (300) feet horizontal distance of a natural water and which has surface drainage toward the water and on which there is:

 

a.   Filling of more than five hundred (500) square feet of any area which is contiguous to the water.

 

b.   Filling or grading on all slopes of twenty percent (20%) or more. (This does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation.)

 

c.   Where more than ten thousand (10,000) square feet of the bank of a natural body of water is exposed by grading.

 

d.   A permit shall be required before constructing, dredging or commencing work on an artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within three hundred (300) feet of the high water mark of a natural body of water. (This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation.)


CHAPTER  2.07.  “TD” TOWN DISTRICT

 

Section  2.07.01 Purpose

 

The Town District is established to provide for orderly low-density residential development, together with certain public facilities, and commercial/industrial uses which are not detrimental in the unincorporated towns of Crocker and Carpenter.

 

Section  2.07.02 Permitted Uses

 

1.   Single-family residential usage, including Type I and Type II Manufactured Homes.

 

2.   Public parks.

 

3.   Agriculture and horticulture uses, excluding feedlots concentrated animal feeding operations.

 

4.   Home occupations.

 

5.   Modular homes

 

6.   Accessory uses and buildings subordinate to uses listed as a permitted use or conditional use.

 

Section  2.07.03 Conditional Uses

 

1.     Retail and service businesses.

 

2.     Light manufacturing.

 

3.     Bar or tavern.

 

4.     Warehouse.

 

5.     Multi-family housing.

 

6.     Contractors’ offices, shops, and yards.

 

7.     The  Board of Adjustment may permit other uses which in its opinion are not detrimental to other uses. These may include manufacturing and processing uses. Manufactured home park.

 

8.     School.

 

9.     Automotive tow business/Impound lot – See Chapter 4.35.

 


Section  2.07.04 Area Regulations

 

Structures on all corner lots shall observe two (2) front yards.  The depth of the front yard on each street which the lot abuts shall be as follows:

 

1.     Residential

 

Minimum Yard Requirements: Front-----------Twenty-five (25) feet

Side-------------Six (6) feet

Rear------------Twenty-five (25) feet

Lot Width------Fifty (50) feet

Lot Area-------Five thousand (5,000) feet

Lot Depth-------One hundred (100) feet

 

Accessory Building Requirements: No part of the structure can be closer than 2’ to any property line

                                                           

Commercial Uses/Lots

 

1.     Lot size shall be determined by off-street parking needs; availability of water and sewage disposal systems; adjacent land uses; need for screening; and type of business. Front, side and rear yards shall be determined by the Board of Adjustment after recommendation from the Planning Commission.

 

Industrial Uses/Lots

 

1.     Lot size shall be determined by off-street parking needs; impact on adjoining land uses and need for screening or buffering from residential areas; availability of water and sewage disposal  facilities; type of manufacturing or storage facilities. Front, side and rear yards shall be determined by the Board of Adjustment after recommendation from the Planning Commission.

 

 

 


CHAPTER 2.08 “PR” PLANNED RESIDENTIAL DISTRICT

 

Section 2.08.01 Intent

 

The intent of the “PR” Planned Residential District is to provide for residential subdivisions which, through their design and development, will limit the amount of agricultural land that is taken out of production, will not require additional public expenditures for roads or other improvements and services, and which will minimize the conflict between farm and non‑farm land uses.

 

Section 2.08.02 Planned Residential District

 

To be  eligible for consideration under the provision of this district, the proposed planned development must be:

 

1.  The use of land in the Planned Residential District shall be limited to non‑farm single family dwelling units and their supporting services.

 

2.  The Planned Residential District shall not be permitted on a parcel of land less than ten (10) acres in area.

 

3.   All roads, common facilities, and open spaces within the Planned Residential District shall be maintained by a homeowner's association.

 

4.   Planned Residential Districts within one (1) mile of an incorporated area will be submitted to the community governing body for review and comment.

 

5.   Where a proposed Planned Residential District is within one (1) mile of an incorporated area, the Clark County Planning and Zoning Commission may request the developer to construct proposed improvements to specifications approved by the community's governing body.

 

6.   Strip or linear development proposals along a road or highway will not qualify as a Planned Residential District.

 

7.  The overall density of a Planned Residential District shall not be less than one (1) housing unit per three (3) acres of land.

 

8.   Minimum lot size shall not be less than that required by the South Dakota Department of Environment and Natural Resources regulations on Private Sewage Disposal Systems (Chapter 34:04:01).

 

9.   In addition to the Clark County Zoning Regulations, any proposed Planned Residential Districts are subject to platting and subdivision regulations of the county.

 

10. Access to public dedicated streets and roads shall be limited, and must meet the approval of the Clark County Highway Superintendent or State Highway Department. Dwelling unit access shall be provided through the interior street/road system. Further all interior streets constructed within the Planned Development District may be required to be either gravel, concrete, or bituminous-asphalt with the design to be approved by the County Highway Superintendent.

 


11. Planned Residential Districts must have access to a concrete or bituminous-asphalt street a hard-surfaced road.  Access to a concrete or bituminous-asphalt roads is preferred. In order for the Planned Development District to have access to a gravel road, approval of the governmental entity maintaining said gravel road (Township or County) is required.

 

12.Planned Residential Districts are not allowed over the shallow aquifer or wellhead protection areas. EXCEPTION:  A Planned Development District may be allowed over a shallow aquifer if the proposed Planned Development District utilizes a Board of Adjustment approved central sanitary sewer collection system, which may consist of holding tanks, trunk lines, lift stations, and treatment facilities.

 

13. An easement Covenants/Waivers per Section 2.04.06 shall be required to be placed on any lot in a Planned Residential District in order to protect agricultural operations or practices in the adjoining areas.

 

Section 2.08.03 Procedure for Planned Residential Development

 

The following shall be observed when a Planned Development proposal is submitted for consideration:

 

1.     An applicant for consideration under the terms of this district, who must be owner, lessee, or the holder of a written purchase option of the tract of land under consideration, shall submit ten (10) copies of a preliminary development plan to the Planning Commission and Board of County Commissioners for study at least seven (7) days prior to the commission meeting at which it is to be considered a plan for the proposed development.  The preliminary plan shall include the following information.

 

a.     Location map showing the relationship of the proposed district to existing roads and property lines;

 

b.     Proposed land uses, building locations, and housing unit densities;

 

c.      Proposed circulation pattern indicating the status of street ownership;

 

d.     Proposed open space uses;

 

e.     Proposed grading and drainage pattern;

 

f.       Proposed method of water supply and sewage disposal;

 

g.     Relation of the proposed development to the surrounding area and comprehensive land use plan.

 

h.     Such other information as may be required by the Planning Commission and/or Board of County Commissioners to determine if the proposed development is consistent with the intent of the district.

 

2.   Copies of the proposed water and sewer system will be submitted to the South Dakota Department of Environment and Natural Resources for study and comment.

 

3.   A list and schedule of improvements to be completed by the developer must be submitted.

 

4.  In reviewing the plan, the Planning and Zoning Commission and Board of County Commissioners shall need to determine that:

 

a.     Resulting development will not be inconsistent with the Comprehensive Land Use Plan objectives or zoning provisions of the area;

 

b.     The plan can be completed within a reasonable period of time;

 

c.      The streets are adequate to support the anticipated traffic and the development will not overload the roads outside the planned area;

 

d.     Proposed utility and drainage facilities are adequate for the population densities proposed.

 

e.     The proposed minimum yard setback requirements are adequate development.  If the developer does not provide proposed setbacks within the development plan, the County will defer to setbacks in the Agricultural Zoning District.

 

5.  If, in the opinion of the Planning and Zoning Commission, the foregoing provisions are satisfied, the proposal shall be processed according to this section.  If the Commission finds to the contrary, they may recommend the application be denied or return the plan to the application for revision.

 

6.   In addition to the requirements of this section, the Planning Commission and Board of County Commissioners may attach conditions it finds are necessary to carry out the purpose of this ordinance.

 

7.   Before approving a Planned Development, the Planning and Zoning Commission and Board of County Commissioners must have copies of proposed deed restrictions, agreements for maintenance by the homeowners' association of common facilities and open spaces, guarantees (surety bonds, etc.) by the developer for the completion of the development in accordance with the approved plan, and an agreement binding successors who may take over completion of the development to conditions of the plan approval.

 

5.     The Planning and Zoning Commission shall follow the procedure for considering an amendment to the Clark County Official Zoning Map before approving a Planned Residential District.

 

6.     Permits for construction in a Planned Development shall be issued only on the basis of the approved plan.  Any changes in the approved plan shall be submitted to the Commission for processing as an amendment to this ordinance.

 

7.     All residences in the Planned Residential District are required to have a signed agricultural easement Covenants/Waivers per Section 2.04.06 registered on the deed of said property before a building permit is issued.

 

Section 2.08.04. Subsequent Performance.  Failure to follow the approved plan on the part of the applicant or his agent shall be considered a violation of these regulations, punishable as herein prescribed.


CHAPTER 2.09 “AP” AQUIFER PROTECTION OVERLAY DISTRICT

 

Section 2.09.01 Purpose and Intent

 

The Clark Planning and Zoning Commission and Board of County Commissioners recognize (1) that residents of Clark County rely on ground water for a safe drinking water supply and (2) that certain land uses in Clark County can contaminate ground water particularly in   shallow aquifers.

 

The purpose of the Aquifer Protection Overlay District is to protect public health and safety by minimizing contamination of the shallow aquifers of Clark County.  It is the intent to accomplish aquifer protection, as much as possible, by public education and securing public cooperation. Appropriate land use regulations will be imposed, however, which are in addition to those imposed in the underlying zoning districts or in other county regulations. Any use existing at the time this ordinance is adopted is grandfathered.

 

Section 2.09.02 Definitions for Aquifer Protection Overlay District

 

1.     Abandoned Well: A well no longer used or intended to be used as a water source.

 

2.     Concentrated Animal Feeding Operation: (See Concentrated Animal Feeding Operations, Article IV).

 

3.     Animal Units: (See Concentrated Animal Feeding Operations, Article IV).

 

4.     Aquifer:  A geologic formation, group of formations or part of a formation capable for storing and yielding ground water to wells or springs.

 

5.     Best Management Practices: Measures contained in Soil Conservation Service South Dakota Technical Guide, either managerial or structural, that are determined to be the most effective, practical means of preventing or reducing pollution inputs from non-point sources to water bodies.

 

6.     Chemigation: The process of applying agricultural chemicals (fertilizer or pesticides) through an irrigation system by injecting the chemicals into the water.

 

7.     Class V Injection Well: A conduit though which potentially contaminated but generally non-hazardous fluids can move below land surface into or above an aquifer. The types of primary concern in Clark County are 5W20--industrial process water and waste disposal wells and 5X28--automobile service station disposal wells. Typically, 5W20 types are commercial/ industrial facility septic tanks used to dispose of more than domestic wastewater.  5X28 types are dry wells for wastes from repair bay drains at facilities servicing internal combustion vehicles and equipment.

 

8.     Contamination: The process of making impure, unclean, inferior or unfit for use by introduction of undesirable elements.

 

9.     Contingency Plans: Detailed plans for control, containment, recovery and clean up of hazardous materials released during floods, fires, equipment failures, leaks and spills.

 


10.  Development: The carrying out of any surface or structure construction, reconstruction or alteration of land use or intensity of use.

 

11.  Facility: Something built, installed or established for a particular purpose.

 

12.  Hazardous Materials: A material which is defined in one or more of the following categories:

 

a.   Ignitable: A gas, liquid or solid which may cause fire through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous and gasoline.

 

b.   Carcinogenic: A gas, liquid or solid which is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils.

 

c.   Explosive: A reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.

 

d.   Highly Toxic: A gas, liquid or solid so dangerous to man as to afford an unusual hazard to life. Examples: parathion and chlorine gas.

 

i.       Moderately Toxic: A gas, liquid or solid which through repeated exposure or in a single large dose can be hazardous to man. Example: atrazine.

 

e.   Corrosive: Any material, whether acid or alkaline, which will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

 

13.  Manure Storage Area: An area separate from pens or building where animal manure is stored for more than one year.

 

14.  Leaks and Spills: Any unplanned or improper discharge of a potential contaminant including any discharge of a hazardous material.

 

15.  Pasture: A field providing continuous forage to animals and where the concentration of animals is such that a vegetative cover is maintained during the growing season.

 

16.  Primary Containment Facility: A tank, pit, container, pipe or vessel of first containment of a liquid or chemical.

 

17.  Secondary Containment Facility: A second tank, catchment pit, pipe or vessel that limits and contains a liquid or chemical leaking or leaching from a primary containment area; monitoring and recovery systems are required.

 

18.  Shallow Aquifer: An aquifer vulnerable to contamination because the permeable material making up the aquifer (1) extends to the land surface so percolation water can easily transport contaminants from land surface to the aquifer, or (2) extends to near the land surface and lacks a sufficiently thick layer of impermeable material on the land or near the land surface to limit percolation water from transporting contaminants from the land surface to the aquifer.

 

19.  Ten Year Time of Travel Distance: The distance that ground water will travel in ten years. This distance is a function of aquifer permeability and water table slope.

 

20.  Zone of Contribution: The entire area around a well or wellfield that contributes water to the well or wellfield.

 

Section 2.09.032 Establishment/Delineation/Regulation of Aquifer Protection Overlay Zones

 

Boundaries for the aquifer protection zones for the Aquifer Protection Overlay District are shown on a maps prepared by the East Dakota Water Development District (EDWDD), Brookings, South Dakota. Said maps are hereby adopted by reference as part of this Ordinance as if the maps were fully described herein. In addition to East Dakota Water Development District Map, the South Dakota Department of Environment and Natural Resources, Division of Financial and Technical Assistance, Geological Survey created a map entitled “First Occurrence of Aquifer Materials in Clark County, South Dakota - Map 2” dated April 3, 2001.  This map will be used to further identify aquifer boundaries. In the event of a conflict between such maps as to the area covered by the aquifer at a given location, borings will be required by the County to determine the incidence of shallow acquifer.

 

The Aquifer Protection Overlay District is divided into two (2) zones. The critical impact zone, Zone A, was mapped by the East Dakota Water Development District with South Dakota Geological Survey (SDGS) technical assistance using techniques outlined in the U.S. Environmental Protection Agency publication “Guidelines for Delineation of Wellhead Protection Areas,” June, 1987. The shallow/ surficial aquifer boundary for Zone B was mapped by the South Dakota Geological Survey.

 

Section 2.09.043 Zone A -- Aquifer Critical Impact Zones

 

Zone A, the wellhead protection area, is the mapped zone of contribution around all public water supply wells or wellfields in shallow/surficial aquifers and includes land upgradient from the well or wellfield to the ten (10) year time of travel boundary.

 

Section 2.09.043.01.  Permitted Uses in Zone A

 

The following uses are permitted provided they meet appropriate performance standards outlined for aquifer protection overlay zones.

 

1.     Agriculture;

     

a.   Application of manure is permitted with approved nutrient management plan.

 

2.     Horticulture;

 

3.     Parks, greenways or publicly owned recreational areas;

 

4.     Necessary public utilities/facilities designed so as to prevent contamination of groundwater.

 

5.     Dwellings on lots of five (5) acres or more with septic disposal system five hundred (500) or more meet from a public water supply well.

 


6.     All “Permitted Uses” listed in the underlying district(s) which do not pose a potential risk to groundwater resources and are not an expressly prohibited use.

 

Section 2.09.043.02 Conditional Uses in Zone A

 

The following uses are permitted only under the terms of a conditional use permit and must conform to provisions of the underlying zoning district and meet Performance Standards outlined for Aquifer Protection Overlay Zones.

 

1.     Expansion of existing uses to the extent they remain or become nonconforming and to the extent allowed by the underlying district. The Board of Adjustment shall not grant approval unless it finds the proposed expansion does not pose greater potential for groundwater contamination than the existing use.

 

2.     All uses permitted by conditional use in the underlying district which do not pose a potential risk to groundwater resources and are not permitted or not an expressly prohibited use in Zone A may be approved by the Board of Adjustment provided they can meet Performance Standards outlined for the Aquifer Protection Overlay Zones.

 

3.     Manure storage areas may be allowed provided they meet all Department of Environment and Natural Resources criteria.

 

4.     New public water supply wells located within two thousand five hundred (2,500) feet of a concentrated animal feeding operation.

 

5.     Expansion of existing Concentrated Animal Feeding Operations (Existing as of March 18, 1997) not to exceed a cumulative total of three hundred (300) animal units.  Said expansion or alteration must be constructed according to the Department of Environment and Natural Resources State General Permit criteria and shall apply for said General Permit. The County shall require soil borings to determine impermeable material between land surface and the aquifer.

 

Section 2.09.043.03 Prohibited Uses in Zone A

 

The following uses are expressly prohibited in Zone A:

 

1.     Residential development with a density greater than one (1) dwelling per five (5) acres where septic tanks are used;

 

2.     New septic systems within five hundred (500) feet of a public water supply well;

 

3.     New Concentrated Animal Feeding Operations, including Class A, Class B, Class C, Class D, and Class E after March 18, 1997.

 

4.     Expansion of existing Concentrated Animal Feeding Operations beyond a total expansion of three hundred (300) animal units;

 

5.     Manure storage areas except above ground tanks;

 


6.     Disposal of solid waste except spreading of manure (see Section 2.09.06 Performance Standards for Aquifer Protection Overlay Zones);

 

7.     Outside unenclosed storage of road salt;

 

8.     Disposal of snow containing de-icing chemicals;

 

9.     Processing and storage of PCB contaminated oil;

 

10.  Car washes;

 

11.  Auto and equipment service, repair or painting facilities and junk or salvage yards;

 

12.  Disposal of radioactive waste;

 

13.  Graveyards or animal burial sites;

 

14.  Detonation sites;

 

15.  Open burning except ditches, fields and non-hazardous yard and household wastes such as paper, wood and leaves;

 

16.  Fall application of nitrogen fertilizer, except spreading of manure.

 

17.  Planned Residential Districts

 

18.  Land spreading of petroleum contaminated soil;

 

19.  Land spreading or dumping of waste oil;

 

20.  Industrial process water and waste disposal wells--5W20 type Class V injection wells;

 

21.  Automobile service station disposal wells--5X28 type Class V injection wells;

 

22.  All other facilities involving the collection, handling, manufacture, use, storage, transfer or disposal of any solid or liquid material or waste having a potentially harmful impact on ground water quality.

 

Section 2.09.054 Zone B -- Aquifer Secondary Impact Zones

 

Zone B is the remainder of the mapped shallow/surficial aquifer in the County not included in zone A. Zone B also includes any delineated lands adjacent to Zone A not underlain by the shallow aquifer but with sufficient slope that contaminated surface water could flow directly onto Zone A.

 

Zone B is being protected because (1) the aquifer is a valuable natural resource for future development, (2) the aquifer provides drinking water supply for individual domestic users, (3) contamination is not justified just because this area is not currently used for public water supply, and (4) contaminants from this area could eventually enter Zone A.

 


Section 2.09.054.01 Permitted Uses in Zone B

 

1.     All uses “Permitted Uses” listed in the underlying districts which do not pose a potential risk to groundwater resources provided that they can meet the Performance Standards as outlined for the Aquifer Protection Overlay Zones and are not an expressly prohibited use.

 

Section 2.09.054.02 Conditional Uses in Zone B

 

1.     All conditional uses allowed in underlying districts which do not pose a potential risk to groundwater resources and are not an expressly prohibited use may be approved by the Board of Adjustment provided they can meet Performance Standards outlined for the Aquifer Protection Overlay Zones with the exception of those expressly prohibited.

 

2.     New Class D concentrated animal feeding operations and expansion of existing Class C  and D concentrated animal feeding operations up to nine hundred ninety-nine 999 animal units (Class C). The County will require soil borings to determine impermeable materials between land surface and aquifer.

 

3.     Earthern storage basins and lagoons.

 

4.     Expansion of existing Class A and B Concentrated Animal Feeding Operations (Existing as of March 18, 1997) not to exceed a cumulative total of three hundred (300) animal units.  Said expansion or alteration must be constructed according to the Department of Environment and Natural Resources State General Permit criteria and shall apply for said General Permit. The County shall require soil borings to determine impermeable material between land surface and the aquifer.

 

5.     Stockpiling of solid manure.

 

6.     Expansion, modification, alteration, or relocation of existing permitted or conditional uses to the extent they remain or become nonconform­ing and to the extent allowed by the underlying district.  The Board of Adjustment shall not grant approval unless it finds the proposed expansion does not pose greater potential for groundwater contamination than the existing use.

 

Section 2.09.054.03 Prohibited Uses in Zone B

 

The following uses are expressly prohibited in Zone B:

 

1.     Fall application of nitrogen fertilizer on the following soil types: Blendon, Delmont, Dimo, Divide, Egeland, Embden, Enet, Fordville, Henking, Maddock, Renshaw, Sioux, Spottswood;

 

2.     Land spreading of petroleum contaminated soil;

 

3.     Land spreading or dumping of waste oil;

 

4.     Industrial process water and waste disposal wells--5W20 type Class V injection wells;

 

5.     Automobile service station disposal wells--5X28 type Class V injection wells.

 

6.     New and/or expansion of Class A, B, or C Concentrated Animal Feeding Operations;

 

7.     Expansions of existing Class A, B, C, and D concentrated animal feeding operations which cannot meet performance standards;

 

8.     Expansion of existing Class A and B Concentrated Animal Feeding Operations beyond a total expansion of three hundred (300) animal units;

 

9.     Since it is known that improperly abandoned wells can become a direct conduit for contamination of groundwater by surface water, all abandoned wells should be plugged in conformance with South Dakota Well Construction Standards, Chapter 74:02:04:67-70.

 

Section 2.09.065 Performance Standards For Aquifer Protection Overlay Zones

 

The following standards shall apply to land uses in Zones A and B of the Aquifer Protection Overlay Districts:

 

1.     New or replacement septic tanks and associated drain fields for containment and disposal of human waste must conform with regulations established by the State Department of Environment and Natural Resources.

 

2.     Commercial or industrial liquid waste ponds containing any hazardous solid or liquid material or waste will not be permitted without a secondary containment system except for community wastewater lagoons.

 

3.     Manure storage areas for all classes of Class D, and Class E Concentrated Animal Feeding Operations must be constructed in conformance with all State and Federal regulations.

 

4.     Petroleum products stored at one (1) locality in a tank or series of tanks must be elevated; such tanks must have a secondary containment system where it is deemed necessary by the County Zoning Office.

 

5.     When pastured animals are concentrated for winter feeding and the number of animal units exceeds two hundred (200) within 1/4 mile of a public water supply well or five hundred (500) animal units in the remainder of Zones A and B, measures shall be employed to prevent runoff of manure.

 

6.     Discharge of industrial process water is prohibited without County Zoning Office approval.

 

7.     Auto service, repair or painting facilities and junk or salvage yards shall meet all State and Federal standards for storage, handling and disposal of petroleum products and shall properly dispose of all other potentially hazardous waste materials.

 

8.     Any facility required to file material safety data sheets as part of SARA Title III must prepare and have on file in the County Zoning Office an acceptable contingency plan for preventing hazardous chemicals from contaminating the shallow aquifer. Agricultural operations are exempt unless they have more than ten (10) employees.

 


9.     Any commercial or industrial facility involving collection, handling, manufacture, use, storage, transfer or disposal of hazardous materials, in excess of one thousand (1,000) pounds or one hundred (100) gallons, must be constructed to prevent hazardous materials from contaminating the shallow/surficial aquifer should equipment failure, floods, fire or other natural catastrophes occur. Stored petroleum products are exempt from this performance standard.  Facilities must meet specifications under SARA Title III and the following specifications:

 

a.     For flood control, all underground facilities shall include a monitoring system and a secondary standpipe over the 100-year frequency flood level.  All above ground facilities, an impervious dike, above the 100-year flood level and capable of containing one hundred twenty (120%) of the largest storage volume, with an overflow recovery catchment area (sump).

 

b.     For fire control, all facilities shall include a fire retardant system and provision for dealing safely with both health and technical hazards that may be encountered by disaster control personnel in combating fire.  Hazards to be considered are overhead and buried electrical lines, pipes, other buried objects and other hazardous liquids, chemicals or open flames in the immediate vicinity.

 

c.      For equipment failures, a secondary containment system must be installed to intercept any leak or discharge from the primary containment.  A leak detection system and overfill protection system must also be installed.  Underground tanks or buried pipes for handling hazardous materials must have double walls and accessible sumps.

 

10.  The County Zoning Office and Department of Environment and Natural Resources shall be informed as soon as possible within twelve (12) hours of any leak, spill or release of materials that might potentially contaminate groundwater.

 

11.  Since it is known that improperly abandoned wells can become direct conduit for contamination of groundwater by surface water, all abandoned wells should be plugged in conformance with South Dakota Well Construction Standards, Chapter 74:02:04:67-70.

 

Section 2.09.076 Exceptions

 

1.     Storage of liquids, chemicals and fertilizers used in agricultural operations during planting and crop cultivation are exempt from the requirements of this ordinance March 1 to October 1. However, Best Management Practices are encouraged, particularly in Zone A.

 

2.     Storage of liquid or dry fertilizer in amounts equal to or less than one thousand (1,000) pounds or one hundred (100) gallons, or pesticides in amounts equal to or less than one hundred (100) pounds or twenty-five (25) gallons, stored indoors by each farm operator is exempt from the requirements of this ordinance.

 

3.     Tanks used for chemigation are exempt from the secondary containment regulations but secondary containment is encouraged.

 

4.     A non-conforming concentrated animal feeding operation in Zone A will become a prohibited use if such concentrated animal feeding operation is inactive for five (5) years.

 


5.     A proposed use not identified as a permitted use or conditional use in Zones A or B may be allowed by conditional use provided the applicant can show the facility will not be located over the shallow aquifer and runoff of all potential contaminates will be contained on site. A minimum of five (5) test borings must be drilled to a minimum depth of fifty (50) feet.

 

Section 2.09.087 Grant Of Permit, Alteration Of Use

 

Before a permit is granted, the Administrative Official must examine an application and determine that the proposed use, activity or development meets the provisions of this ordinance.

 

When securing a use permit, the owner/developer agrees to make future improvements which may become necessary to prevent contamination of shallow aquifers and the owner/developer must allow County personnel to inspect any improvements to verify they meet the performance standards.

 

Whenever any person has an existing use, activity or development and thereafter desires alteration or expansion of the authorized use, such persons shall apply for a permit except for the normal upkeep, replacement and repair of existing facilities. The owner may appeal an Administrative Official’s decision to modify or deny a requested permit to the Planning and Zoning Commission/Board of Adjustment.

 

Section 2.09.098 Limitation Of County Liability

 

Nothing in this ordinance shall be construed to imply that Clark County, by issuing a permit, has accepted any of an owner’s/developer’s liability if a permitted development contaminates water in shallow/surficial aquifers.

 

Section 2.09.109 Underlying Zones

 

Underlying zoning restrictions apply along with restrictions set forth in the Aquifer Protection Overlay District.

 

Section 2.09.11 Saving Clause

 

Should any section or provision of this Section be declared invalid, such decision shall not affect the validity of the ordinance as a whole or any other part thereof.

 

 


ARTICLE III

ADMINISTRATION

 

CHAPTER 3.01 GENERAL

 

Section 3.01.01 Permits Required

 

1.     No building or other structure shall be erected, moved, added to, or structurally altered or used without a permit issued by the Administrative Official. The Administrative Official except in conformity with the provisions of this ordinance shall issue no permit, unless he received a written order from the Board of Adjustment in the form of an administrative review, under conditional use, or variance as provided by this ordinance.

 

2.     It shall be unlawful to commence the excavation for or the construction of any building or any accessory building, or to commence the moving or alteration of any buildings, including accessory buildings, until the Administrative Official has issued a building permit for such work. A building permit is also required for any filling, grading, lagooning, or dredging which is related to site preparation for future construction

 

Section 3.01.02 Applications

 

Applications for building and use permits shall be made to the Administrative Official upon forms approved by the Board of County Commissioners. These forms shall be filled in by the owner, or authorized agent. All applications for permits shall be accompanied by a site plan drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of the buildings already existing, if any; and the location and dimensions of the proposed building or alteration.  The applicant shall also state the existing and intended use of all such buildings, and the location of existing or proposed water and sewer facilities. In the case of a change of use, the applicant shall, in writing, state the intended change. The application shall include such other information as lawfully may be required by the Administrative Official, including legal description, existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; existing or proposed water, sewer, electrical facilities; and such other matters as may be necessary to determine conformity with, and provide for the enforcement of, this ordinance.  Such All plans and data accompanying the permit shall be final and conclusive.  Deviations shall be deemed a violation of this Ordinance, and punishable as provided in 1.02.03 and shall require a new building and use permit.

 

The Administrative Official shall return one copy of the permit application to the applicant, after such copy has been marked either approved or disapproved and attested to by his signature on such copy.  The Administrative Official shall retain the original of the permit application and site plan, similarly marked.  The Administrative Official shall then, if the application is approved, issue a signed building permit; or if the application is disapproved he shall notify the party making the application as to rejection of said plans.

 


Section 3.01.03 Fees

 

1.     The Board of County Commissioners shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance, The schedule of fees shall be posted in the office of the Administrative Official and may be altered or amended only by the Board of County Commissioners.

 

2.     Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

 

Section 3.01.04 Building/Use Permit

 

1.     Building Permit Required.  It shall be unlawful to commence the excavation for or the construction of any building or any accessory building, or to commence the moving or alteration of any buildings, including accessory buildings, until the Administrative Official has issued a building permit for such work. A building permit is also required for any filling, grading, lagooning, or dredging which is related to site preparation for future construction. Furthermore, it shall be unlawful to commence work until the building permit is displayed in a conspicuous place visible from public right-of-way  A Building/Use Permit shall be deemed to authorize, and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect, so long as such building and the use thereof or the use of such land is in full conformity with the requirements of this ordinance and any requirements pursuant thereto. However, on the serving of a written notice by the Adminstrative Official of any violation of any of the said provisions or requirements with respect to any building or the use thereof or of land, the Building/Use Permit for such use shall without further action, be null and void, and a new Building/Use Permit shall be required for any further use of such building or land.

 

2.     Issuance of a Building Permit.  In applying to the Administrative Official for a building permit, the applicant shall submit a dimensioned sketch or a scale plan indicating the shape, size, and height and location of all buildings, to be erected, altered, or moved and of any building already on the lot. He shall also state the existing and intended use of all such buildings, the location of existing or proposed water and sewer facilities, and supply such other information as may be required by the Administrative Official for determining whether the provisions of this Ordinance are being observed. If the proposed excavation or construction as set forth in the application are in conformity with the provisions of this Ordinance, and other regulations of the County then in force, the Administrative Official shall issue a building permit for such excavation or construction. If a building permit is refused, the Administrative Official shall state such refusal in writing, with the cause, and shall immediately thereupon mail notice of such refusal to the applicant at the address indicated upon the application. The Administrative Official shall grant or deny the permit within a reasonable time from the date the application is submitted.

 

3.     The issuance of a building/use permit shall, in no case, be construed as waiving any provisions of this Ordinance. A Building Permit shall become null and void twelve (12) months from the date of issuance thereof unless substantial progress has been made by that date on the project described therein. If the work described in any building permit has not been substantially completed within one (1) year of the date of issuance thereof, said permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building/use permit has been issued.  If substantial progress has been made within twelve (12) months from the issuance of the permit but has not been completed, the Administrative Official may extend the building/use permit an additional twelve (12) months.

 

Section 3.01.05 Building Permit Process

 

1.     The landowner requesting the Building/Use Permit shall complete an application for a building/use permit per Section 3.01.02 accompanied with the appropriate fee. available from the Administration Official.  Completed applications shall be returned to the Administrative Official for review.  To be considered complete, the application form shall be accompanied by the following additional items:

 

a.     Applications for a site shall accompany building permits plan drawn to scale with the following information indicated in order to determine compliance with this Ordinance.

 

i.       A site plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected, or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.

 

ii.      The location of the said lot with respect to existing rights-of-way and adjacent lots.

 

iii.     A letter of certification stating that the lot to be built upon has been accurately surveyed or markers (pins) have been located.  This requirement may be waived by the Board of Adjustment.

 

iv.    Any other information which the Administrative Official may deem necessary for consideration in enforcing the provisions of this Ordinance.

 

v.      The Administrative Official in cases of permits to alter the interior of any existing structure may waive any of the above requirements.

 

2.     One copy of the application shall be returned to the applicant, after the Administrative Official has marked such copy as either approved or disapproved, and attested to the same by signing said copy of the plans.  Then Administrative Official for county records shall retain one copy of the application, similarly marked.

 

3.2The Administrative Official shall then, if the applicant is approved, issue a signed building permit.  If the Administrative Official determines the proposed action would not be in compliance with the provisions of these regulations, a building permit may not be issued, and the applicant may then appeal the action of the Administrative Official to the Board of Adjustment. Issuance of a Building/Use Permit. If the proposed excavation alteration, construction, or change of use, as set forth in the application for a Building/Use Permit are in conformity with the provisions of this Ordinance, and other regulations of the County then in force, the Administrative Official shall issue a building/use permit for such excavation, construction, alteration or change in use within a reasonable time from the date the application is submitted.

3.     If a building/use permit is refused, the Administrative Official shall immediately thereupon mail notice of such refusal to the applicant at the address indicated upon the application with the cause for denial.

 

4.4Permits Displayed.  It shall be unlawful to commence work until the building permits shall  be posted is displayed in a conspicuous place upon the premises and visible from a public right-of-way.  The permit shall be placed upon the premises at all times from the beginning until completion of such construction, alteration, or repair occupancy or change of use.

 

4.     With application for a building permit, the site must be clearly staked out and/or the Administrative Official will examine plans that clearly indicate the structure to be erected or remodeled, or alterations of the exiting structure.

 

CHAPTER 3.02 ADMINISTRATIVE OFFICIAL

 

Section 3.02.01 Administrative Official 

 

The provisions of this Ordinance shall be administered and enforced by an Administrative Official appointed by the Board of County Commissioners, who shall have the power to make inspection of building or premises necessary to carry out his duties in the enforcement of this Ordinance.

 

Section 3.02.02 Duties

 

The powers and duties of the Administrative Official shall be as follows:

 

1.     Issue all building permits and make and maintain records thereof.

 

2.     Conduct inspections of buildings, structures, and the use of land to determine compliance with this Ordinance.

 

3.     Notify in writing persons responsible for violations, indicating the nature of the violation and ordering action necessary to correct.

 

4.     Order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions; alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions.

 

5.     Revoke any permit, which was unlawfully issued, or any permit wherein defective work has been performed, and when such work has not been corrected within ninety (90) days of notification.

 

6.     Maintain permanent and current records of this regulation, including, but not limited to, all maps, amendments, variances, appeals, and applications.

 

7.     Provide public information relative to all matters arising out of this Ordinance.

 

8.     Forward to the Planning and Zoning Commission all applications for amendments to this Ordinance.

 


9.     Forward to the Board of Adjustment, applications for appeals, variances, or other matters on which the Board of Adjustment is required to pass under this ordinance.

 

10.  Initiate, direct, and review, from time to time, a study of the provisions of this ordinance, and to make such reports available to the Planning and Zoning Commission.  The Administrative Official shall receive applications required under this ordinance, specifically but not limited to for Building Permits, Conditional Uses, Variances, and Zoning Amendments.

 

a.     For building permits, the Administrative Official shall approve the application only in accordance with the provisions of the County’s Zoning Ordinance.

 

b.     For Conditional Uses and Variances, the Administrative Official shall review the application, and shall make a recommendations to the Board of Adjustment to either approve or deny said application.

 

c.      For Zoning Amendments, the Administrative Official shall review the application, and shall make comments regarding said application to the Planning and Zoning Commission and Board of County Commissioners.

 

11.  Prepare documents, easements, letters of assurance, waivers, etc. as required by this Ordinance, or at the direction of the Clark County Planning Commission and/or the Clark County Board of Adjustment and/or Clark County Commissioners.

 

Section 3.02.03. Right of Entry. 

 

1.     Whenever necessary to make an inspection to enforce any of the provisions of this regulation, or whenever the Administrative Official or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises a regulation violation, the Administrative Official or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Official by this ordinance, provided that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Administrative Official or an authorized representative shall have recourse to every remedy provided by law to secure entry.

 

2.     When the Administrative Official or an authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Administrative Official or an authorized representative for the purpose of inspection and examination pursuant to this regulation.

 


Section 3.02.04. Stop Order. 

 

Whenever any work is being done contrary to the provisions of this ordinance, the Administrative Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Administrative Official to proceed with the work.

 

Section 3.02.05. Occupancy Violation.

 

Whenever any building or structure regulated by this ordinance is being used contrary to the provisions of this ordinance, the Administrative Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such persons shall discontinue the use within the time prescribed after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this ordinance.

 

CHAPTER 3.03 BOARD OF ADJUSTMENT

 

Section 3.03.01 Establishment 

 

Within Clark County outside of incorporated municipalities, the power and jurisdiction related to this article shall be executed by the Board of Adjustment.

 

1.     The County Commission shall act as the Board of Adjustment. The Board of County Commissioners shall also appoint two (2) alternates to the Board of Adjustment.  If a County Commissioner acting as a Board of Adjustment member is unable to attend a meeting, the first alternate, or second alternate, in turn, shall serve in the member’s place.  Alternates may be appointed for a term of three (3) years

 

2.     The Chairman, or in his or her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses in order to execute the purposes of this article.

 

3.     All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the County Auditor and shall be public record. The Board of Adjustment shall keep record in the minutes showing the vote of each member upon each question or if absent or failing to vote, indicating that fact.

 

Section 3.03.02 Procedures for Meetings. 

 

1.     Meetings shall be held at the call of the chairman and at such other times as the Board of Adjustment may determine.  The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance.  The Chairman, or in his or her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses in order to execute the purposes of this article.

 


2.     All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the County Auditor and shall be public record. The Board of Adjustment shall keep record in the minutes showing the vote of each member upon each question or if absent or failing to vote, indicating that fact.

 

Section 3.03.03 Powers and Duties of the Board.

 

1.  The Board of Adjustment shall have the following powers and duties:

 

  1. Administrative Review.  To hear and decide where it is alleged by the appellant that there is error in any order, requirement, permit decision, determination or refusal made by the County Administrative Official or other administrative officers in the carrying out or enforcement of any provision of this Ordinance, and for interpretation of the Zoning Map.

 

  1. Conditional Uses. To hear and decide applications for conditional uses that are specified in this Ordinance and for decisions on any special questions upon which the Board of Adjustment is specifically authorized to pass.

 

  1. Variance. To hear and decide applications for variance from the terms of this Ordinance because of unnecessary hardship and to authorize upon appeal in specific cases such variance from the terms of this Ordinance as which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.

 

Section 3.03.024 Appeals, Record of Appeal, Hearing and Stays 

 

1.     It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official and that recourse from the decision of the Board of Adjustment shall be to the courts as provided by the laws of the State of South Dakota.

 

2.     Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the County affected by any decision of the administrative officer official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment by filing with the officer Administrative Official from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer Administrative Official from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. Such appeal shall be taken within thirty (30) days.

 

3.     An appeal stays all proceedings in furtherance of the action appealed from, unless the officer Administrative Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.

 


4.     In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the office from whom the appeal is taken and on due cause shown.

 

5.     The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Adjustment shall hear and decide, on not less than ten (10) days public notice prior to an affixed time and place for hearing appeals where it is alleged by the appellant that there is error in any order, requirement, permit decision, determination or refusal made by the Administrative Official or other administrative officers in carrying out the enforcement of any provision of this Ordinance, and for interpretation of the Zoning Map.  At the hearing, any party may appear in person or by agent or attorney.

 

Section 3.03.03 Power and Jurisdiction Relating to Administrative Review 

 

The County Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an Administrative Official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location of structures or to interpret any map.

 

Section 3.03.045 Board of Adjustment has Powers of Administrative Officer Official on Appeals: Reversing Decision of Administrative Officer Official

 

1.     In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appeal from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken.

 

2.     The concurring vote of two-thirds (2/3) of all  four (4) members of the Board of Adjustment four (4) votes shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official, or to decide in favor of the applicant on any matter  upon which it is required to pass under this Ordinance or to effect any variation in this Ordinance.

 

Section 3.03.056 Duties Of Administrative Official, Board Of County Commissioners, and Courts On Matters Of Appeal

 

It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official, and that recourse from the decision of the Board of Adjustment shall be to the courts as provided by law.

 

Section 3.03.07. Appeals to a Court of Record.  Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, landowner, or any officer, department, board, or bureau of the County, may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Auditor.

 


CHAPTER 3.04 PROCEDURES FOR CONDITIONAL USES, VARIANCES, AND ZONING AMENDMENTS

 

Section 3.04.01 Powers and Jurisdiction Relating to Conditional Uses

 

The County Board of Adjustment shall have the power to hear and decide, in accordance with the provisions of this Ordinance, requests for conditional uses or for decisions upon other special questions upon which the Board of Adjustment is authorized by this Ordinance to pass; to decide such questions as are involved in determining whether special conditions and safeguards as are appropriate under this Ordinance, or to deny conditional uses when not in harmony with the purpose and intent of this Ordinance.  A conditional use permit shall not be granted by the Board of Adjustment unless and until:

 

1.     A written application for a conditional use permit is submitted, indicating the section of this Ordinance under which the conditional use permit is sought and stating the grounds on which it is requested.

 

2.     The Administrative Official may require the applicant for a conditional use permit to notify adjacent property owners by certified or registered mail, at their last known address, of the  conditional use permit request and of the public hearing time and date prior to the hearing of the Board of Adjustment or in lieu of this, obtain written consent from adjacent landowners.

 

3.     Notice of hearing shall be published once, ten (10) days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected.

 

4.     The public hearing shall be held. Any party may appear in person, or by agent or attorney.

 

5.     The County Board of Adjustment shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the conditional use permit, and that the granting of the conditional use will not adversely affect the public interest.

 

6.     Before granting any conditional use permit, the County Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangements have been made concerning the following, where applicable:

 

a.  Entrance and exit to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

 

b.  Off-street parking and loading areas where required, with particular attention to the items in (a) above and the economic, noise, glare or other effects of the conditional use on adjoining properties and properties generally in the district.

 

c.   Utilities refuse and service areas, with reference to locations, availability, and compatibility.

 

d.     Screening and buffering with reference to type, dimensions and character.

 


e.     Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

 

f.       Required yards and other open space.

 

g.     General compatibility with adjacent properties and other property in the district.

 

h.     The roads providing access to the property are adequate to meet the transportation demands of the proposed conditional use.  The Board of Adjustment may require the applicant to enter into a written contract with any affected township or other governmental unit regarding the upgrading and continued maintenance of any roads used for the conditional use requested prior to issuance of a Conditional Use Permit.

 

7.     The concurring vote of four (4) two thirds (2/3) of all members of the Board of Adjustment four (4) votes is required to pass any application for a Conditional Use Permit.

 

8.     A conditional use permit shall expire one (1) year from the date upon which it becomes effective if no work has commenced.  Upon written request to the Board of Adjustment and prior to the conditional use permit expiration date, a one (1) year time extension for the conditional use may be granted by the Board of Adjustment.

 

9.     In granting any conditional use, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this regulation.  Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this regulation and punishable under the terms of this regulation.

 

10.  The Board of Adjustment may, after notice and hearing, revoke a conditional use permit in the event of a violation of any of the conditions upon which such permit was issued.  In addition, the conditional use permit may not be transferred during any violation.

 

11.  Reapplication:  The Board of Adjustment may only consider a previously denied application if the following occur:

 

a.     Six (6) months has expired since the date of the previous final action of the Board of Adjustment; or

 

 


Section 3.04.02 Powers and Jurisdiction Relating to Variances

 

The County Board of Adjustment shall have the power, where, by reason of exception, narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this Ordinance, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation under this Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantially impairing the intent and purpose of this Ordinance. A variance shall not be granted by the Board of Adjustment unless and until:

 

1.     A written application for a variance is submitted, indicating the section of this Ordinance under which the variance is sought and stating the grounds on which it is requested. and demonstrating that special conditions or circumstances exist which are peculiar to the land, structure, or buildings in the same district; that literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; that the special conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district.

 

a.2.The Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official.  A variance from the terms of this ordinance shall not be granted by the Board of Adjustments unless and until a written application for a variance is submitted demonstrating:

 

i.       A written application for a variance is submitted demonstrating:

 

ii.      a. That special conditions and circumstances exist which are peculiar to the land,  structure or building involved, and which are not applicable to other land, structures, or buildings in the same district;

 

iii.     b.That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

 

iv.    c.That the special conditions and circumstance do not result from the actions of the applicant;

 

v.      d.Financial disadvantage of the property owner shall not constitute conclusive proof of unnecessary hardship within the purposes of zoning.

 

vi.    e.That granting the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

 

vii.   f.No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

viii.   A variance which was previously granted by the Clark County Board of adjustment for a particular use, setback, or structure shall become null and void if at the time of a change in ownership, the variance for said use, setback, or structure has not been exercised by the original variance applicant.

 

ix.    If upon a change of ownership, a variance previously granted by the Clark County Board of Adjustment granting variance for a particular use or structure has not been exercised by the variance applicant, said variance shall become null and void.

 

2.3.The Administrative Official may require the applicant for a variance to notify adjacent property owners by certified or registered mail, at their last known address, of the variance request and of the public hearing time and date prior to the hearing of the Board of Adjustment or in lieu of this obtain written consent from adjacent landowners.

 

3.4.Notice of hearing shall be published once, ten (10) days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected.

 

4.5.The public hearing shall be held. Any party may appear in person, or by agent or attorney.

 

2.6.The County Board of Adjustment shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the conditional use, and that the granting of the conditional use will not adversely affect the public interest.

 

7.   The concurring vote of four (4) two thirds (2/3) of all members of the Board of Adjustment four (4) votes is required to pass any application for a variance.

 

8.   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under the terms of this Ordinance.

 

9.   Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

 

10.  A variance shall expire one (1) year from the date upon which it becomes effective if no work has commenced.  Upon written request to the Board of Adjustment and prior to the variance expiration date, a one (1) year time extension for the variance may be granted by the Board of Adjustment.

 

11. Reapplication:  The Board of Adjustment may only consider a previously denied application if the following occur:

 

a.     Six (6) months has expired since the date of the previous final action of the Board of Adjustment; or

 

 


Section 3.04.03 Zoning Amendments

 

Whenever the public necessity, safety, and general welfare or good zoning practices justifies such action, and after consideration and recommendation by the Planning and Zoning Commission, as provided herein, the Board of County Commissioners may change zoning district boundaries, use groups, or the regulations established by this ordinance.  A proposed change of zoning district boundaries or regulations may be initiated by the Board of County Commissioners, the Planning and Zoning Commission, or by application of one or more of the owners of property within the area requested to be changed.  A proposed change of zoning regulations may be initiated by the Board of County Commissioners, the Planning Commission, or by petition by twenty (20) percent of the landowners in the zoning district or districts requesting change.  However, no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.  Notice of the time and place of such hearing shall be published once ten (10) days prior to the date of the meetings as provided in South Dakota Compiled Laws Chapter 11-2, and its and Amendments.  Unless otherwise provided for in these regulations, any change in these regulations, shall require Board of County Commissioners approval of an ordinance describing said changes.  The Board of County Commissioners may not consider said ordinance until the Planning and Zoning Commission has delivered a recommendation to either approve or not approve said ordinance amendment.

The following procedure for requesting a Zoning Amendment or Zoning District Boundary Change shall be followed:

 

1.     The landowner or other person(s) requesting the Amendment/Boundary change shall complete an application, available from the Administrative Official.  Completed applications shall be returned to the Administrative Official for review.  To be considered by the Planning and Zoning Commission and Board of County Commissioners, the application form shall be completed and shall be accompanied by the following items:

 

a.     Any required attachments and fees, including Registered or Certified Mail.

 

b.     Any additional information, as requested by the Administrative Official, as lawfully may be required to determine conformance with and provide for enforcement of this ordinance.

 

c.      The Administrative Official shall review the application, and shall forward a summary of the application, and his/her comments regarding said application, to the Planning and Zoning Commission for their review.

 

d.     The Administrative Official shall set the date, time, and place for public hearings to be held by the Planning and Zoning Commission and Board of County Commissioners.  The Administrative Official shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed amendment; such notice shall be published not less than ten (10) days prior to each board’s (Planning and Zoning, Board of County Commissioners) public hearing.  If the proposed amendment will change the boundaries of a zoning district, the Administrative Official shall notify all owners of property within two hundred fifty (250) feet of the proposed boundary change, by Registered or Certified Mail at the expense of the applicant, at least one (1) week before the public hearing.

 


e.     The public hearing shall be held.  Any person may appear in person, or by agent or attorney.  Minutes of the public hearing shall be recorded and kept in the records of the Planning and Zoning Commission.

 

f.       The Planning and Zoning Commission shall either recommend or not recommend approval of the amendment to the Board of County Commissioners.

 

g.     The Board of County Commissioners shall either approve or not approve the ordinance describing the proposed changes to these zoning regulations, in accordance with standard procedures for reading, approval, publication, and effective date.

 

h.     When the Board of County Commissioners approves a proposed amendment affecting the zoning classification of property, affected property owners may file a written protest to stop such an amendment from taking effect.  If the protest meets the following standard, such amendment shall not become effective unless the amendment is approved by two-thirds (4 votes) of the Board of County Commissioners.

 

Protest Standard: The protest shall be signed by at least forty percent (40%) of the owners of equity in the parcels in the area affected by the amendment, and the parcels or parts of parcels within 250 feet of the area affected by the amendment.

 

i.       After passage the Ordinance Amendment shall take effect on the 20th day after its publication in the official newspaper of the County.


ARTICLE IV

SUPPLEMENTAL REGULATIONS

 

Pursuant to the purpose of this regulation are certain general requirements that are not provided for under Article II Zoning Districts. These requirements are set forth under this Article.

 

CHAPTER 4.01 VISIBILITY AT INTERSECTIONS

 

On a corner lot in any zoning district, no solid wall fence, building or other structure planting, structure, or obstruction to vision shall be erected to a height of more than three (3) feet above the elevation of the established grade at the intersection of the roads on that part of any yard which is bounded by the right-of-way lines of the intersecting roads, either at the intersection of right-of-way lines or within such area. placed or maintained within the triangular area formed by the intersection road right-of-way lines and a straight line connecting points on said road right-of-way line each of which is one hundred (100) feet distance from the point of intersection (Clear View Triangle).  Exception: In the Town District, and Planned Development District, the Clear View Triangle shall be formed by the intersection road right-of-way lines and a straight line connecting points on said road right-of-way line each of which is fifty (50) feet distance from the point of intersection.

 

 

CHAPTER 4.02 FENCES

 

Section 4.02.01 Fences in the “TD” Town District and “PR” Planned Residential District

 

Section 4.02.01.01 Purpose

 

1.     The regulation of fences is intended to protect the public safety and welfare, provide privacy, buffer noise, and allow adequate air, light and vision.

 

Section 4.02.01.02 Permit required

 

1.     Permits to construct fences exceeding thirty-six (36) inches in height shall be required in the TD and PR Districts.

 

Section 4.02.01.03 Location/Construction Requirements

 

1.     Notwithstanding other provisions of this Ordinance, fences, walls, trees, and hedges may be permitted in any required yard.  Except fences and hedges which are more than thirty (30) percent solid shall not be located within thirty (30) fifty (50) feet of an intersection, measuring along the property lines and connecting these two points by a straight line per Section 4.01.  Further, the fence, wall, tree, or hedge shall not be constructed within twenty (20) feet of a public right-of-way or ten (10) feet of a private road.

 

2.     Fences, with a maximum height of not more than eight (8) feet, may be erected on any part of a lot other than in the required front yard. 

 

3.     The County does not provide surveying services.  The property owner is responsible for locating property lines.

4.     Fences may be built no closer than one (1) foot up to the property line. Fences constructed within an identified easement face the potential of removal in the event of necessary work to be conducted within the easement.  Replacement of the removed fence is the responsibility of the owner of said fence.

 

5.     The “finished side” of the fence shall face neighboring properties or the road.

 

6.     Approved fencing materials include stone, brick, finished wood, vinyl, and chain link.

 

7.     Hedges or other plantings which create a fence effect are subject to the same regulations as fences.

 

8.     Fences can be built on the property line when the fence is shared between property owners.

 

 

CHAPTER 4.03 ACCESSORY BUILDINGS

 

1.     Only specifically authorized accessory uses allowed; accessory uses must be subordinate to principal use.

 

2.     No accessory use shall be permitted in any district unless such use is specifically authorized by this Ordinance. No accessory use shall be deemed to be authorized by this Ordinance unless such use is in fact subordinate to and on the same zoning lot with the principal use in conjunction with which it is maintained.

 

3.     No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.

 

4.     No accessory building may be used for residential dwelling purposes at any time.

 

5.     Town and Planned Residential Districts.

 

In any Town or Planned Residential district, any accessory use customarily incident to the principal permitted use or conditional use shall be permitted, except those uses specifically prohibited in the district. Accessory uses shall be permitted for the principal permitted uses and conditional uses of the Town and Planned Residential Districts shall also comply only in accordance with the provisions of the following Table 4.03-1 hereby adopted by reference and declared to be part of this Ordinance

6.     Commercial - Industrial District.

 

In any Commercial-Industrial district, any accessory use customarily incident to the principal permitted use or conditional use shall be permitted, except those uses specifically prohibited in the district.

 

7.     Agricultural District. In any Agricultural district, any accessory use customarily incident to the principal permitted use or conditional use shall be permitted, except those uses specifically prohibited in the district.

 


Table 4.03-1

Permitted Accessory Uses: TD and PR Districts.

 

Permitted uses:

Principal Use

Permitted Accessory Uses

 

 

Town District - Single family dwellings; duplexes; townhouses and multiple-family dwellings; nursery schools and Day care centers

1. Private garages.

a.     Attached garages shall be limited to maximum dimensions of 36 feet by 42 feet and conform to the design of the house.

b.     Unattached garages shall be limited to maximum sidewalls of 10 1/2 feet; maximum dimensions of 36 feet by 42 feet; and a maximum of 4/12 roof pitch or to conform to the design of the house.

2. Buildings or structures for customary residential storage

    purposes not over 10 feet in height and not exceeding

    150 square feet in gross floor area.

3. Readily moveable sports, recreation, or outdoor cooking

    equipment.

4. Permanent sports or recreational structures or facilities,

    such as tennis courts, swimming pools, barbeque pits, and

    similar improvements provided a site plan for such facility

    is approved.

5. Home occupations but only as defined herein.

6. Non-commercial greenhouses provided that greenhouses

   over one hundred (100) square feet in floor area must have an   approved site plan.

7.Off-street parking and storage of vehicles, but only as               provided in Chapter 4.05 of this Ordinance.

 

Churches, Convents and Monasteries

 

 

1. All customarily incidental uses reasonably necessary

    to allow the free exercise of religion, but not to

    include commercial use.

All conditional uses

1. All customarily incidental uses reasonably necessary to

    promote the primary purposes of the principal use,

    provided that such use must be specifically authorized by

    the Board of Adjustment for the principal use.

 

All other items

1. No accessory uses permitted.

 

 

CHAPTER 4.04 SIGNS AND OUTDOOR ADVERTISING.

 

Section 4.04.01 On and Off Premise Site Signs

 

1.     No private sign shall be erected or maintained which Prohibited Signs - No private sign shall be erected or maintained which:

 

a.     Creates a hazard due to collapse, fire, collision, decay, or abandonment;

 

b.     Creates traffic hazards, by either:

 

i.       Confusing or distracting motorists; or

 

ii.      Impairing the driver’s ability to see pedestrians, obstacles or other vehicles, or

 

iii.     Impairing the driver’s ability to see and interpret any official traffic sign, signal or device; or

 

iv.    Creates a nuisance to persons using a public right-of-way; or

 

v.      Constitutes a nuisance to occupancy of adjacent and contiguous property by its brightness, size, height, or movement

 

2.     Signs shall be permitted in all zoning districts, subject to the following provisions:

 

a.     Wall signs may be located anywhere on the wall of a building.

 

b.     Freestanding Signs shall not project over public property.

 

c.      Freestanding Signs shall not be erected adjacent to a corner of two intersecting streets, unless such signs are constructed to not obstruct the view of said intersection.

 

d.     Each sign – size, lighting, and location - in the County shall at least meet the standards established by the South Dakota Department of Transportation.

 

e.     Other than utility fixtures or holiday decorations, no signs, awnings, or display shall be suspended, hanged, or placed so that the same shall hang over any part of a street or sidewalk, used for vehicular or pedestrian travel unless a written application for a permit is made to the Administrative Official and the said Official grants a permit therefore.

 

3.     The Administrative Official shall take into consideration factors that would make the proposed structure likely to endanger the property or personal safety of passerby traveling the streets or sidewalks in question, and whether or not such structure complies with National Building Code relating to outdoor advertising.

 

4.     On-Site On-premise Signs:  Each sign erected as an on-site premise sign in those zoning districts where permitted shall have a maximum surface area of eighty (80) square feet and shall observe all yard and height requirements of the district in which it is located. unless specified elsewhere in this ordinance, conform to the following requirements:

 

  1. Each sign erected as an on-premise sign in those districts where permitted shall have a maximum surface area of eighty (80) square feet.  Each sign shall observe a minimum front, rear and side-yard setback of ten (10) feet and also meet clear view triangle standards (Chapter 4.01). The maximum cumulative amount of all on-premise signage allowed shall not exceed eighty (80) square feet.  Further, no on-premise sign may be converted to an off-premise sign. Exception:  On-premise signs in the Commercial and Industrial Districts may have a maximum surface area and cumulative amount of all on-premise signage of three hundred (300) square feet area

 

  1. No on-premise sign may be converted to an off-premise sign.

 

5.     Off-Site Off-premise Signs:  Off-site Off-premise signs erected in those zoning districts where permitted shall, unless specified elsewhere in this ordinance, conform to the following requirements:

 

a.     Each sign shall have a maximum surface area of one thousand two hundred (1,200) square feet, and maximum dimensions of thirty (30) feet in height, and sixty (60) feet in length. Each sign shall have a maximum surface area of three hundred (300) square feet

 

b.     Each sign shall not be closer than three hundred (300) feet from any street intersection and five hundred (500) feet from another permitted off-site premise sign on the same side of the street or road.

 

c.      Each sign shall not be closer than thirty (30) ten (10) feet from any street right-of-way.

 

d.     The sign structure or sign shall have a maximum height of thirty (30) feet.  Height of sign is the vertical distance from the top of the sign or sign structure, whichever is greater, to the ground in a straight line directly below, measured from a point equidistant from the sides or edges of the sign.

 

e.      Stacked signs (two or more signs stacked vertically on a single sign structure are prohibited.

 

f.       Each sign shall not be closer than two hundred fifty (250) feet from adjoining property lines.

 

 

CHAPTER 4.05 STRUCTURES TO HAVE ACCESS

 

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to private streets approved by the Board of Adjustment, and all structures shall be so located on lots as to provide safe and convenient access for services, fire protection and required off-street parking.

 

 

CHAPTER 4.06 YARDS

 

Section 4.06.01 Yards, General.

 

1.     No part of a yard or other open space, or 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, or off-street parking or loading space similarly required for any other building.

 


Section 4.06.012 Yards, Reduction in Size.

 

1.     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 and lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

 

Section 4.06.023 Additional Yard Requirements

 

The following yard requirements must be observed in addition to the yard requirements of the various districts:

 

1.     A corner lot must have a front yard on both streets

 

2.     On residential, commercial and industrial developed property, in the TD-Town District and PR-Planned Residential District, fronting on one (1) side of the street between two (2) streets where one or more residences already exist, no building shall hereafter be erected and no existing building shall be reconstructed or altered in such a way that any portion thereof shall be closer to the street line than the average improved building front on that street in that block, but in no case shall the set-back line be less than twelve (12) feet from the front lot line. Provided, however, that on lots in any block fronting one side of a street between two intersecting streets in the above districts, the set-back line may be increased, providing that the owners of three-fourths (3/4) of the front footing on said side of the street in said block shall petition the Planning and Zoning Commission to establish the set-back line at a certain distance named in the petition. If the Planning and Zoning Commission shall approve of establishing the set-back line as petitioned, it may be so established.

 

3.     In the TD and PR Districts, on through lots and reversed frontage lots, a front yard must be provided on both streets.

 

4.     In the TD and PR Districts, required front yards shall be devoted entirely to landscaped area except for the necessary paving or driveways and sidewalks to reach parking or loading areas in the side or rear yard.

 

Section 4.06.034 Exceptions to Yard Requirements

 

The following exceptions may be made to the yard requirements in the TD and PR Districts:

 

1.     Air conditioning units, sills, chimneys, cornices, and ornamental features may project into a required yard a distance not to exceed twenty-four (24) inches.

 

2.     In commercial and industrial districts, filling station pumps and pump islands may occupy required yards, provided, however, that they are not less than fifteen (15) feet from all lot lines.

 

3.     Filling station pumps and pump islands may occupy required yards provided, however, that they are not less than fifteen (15) feet from all lot lines.

 

4.3.An accessory building may be located in a rear yard but not occupy more than thirty (30) percent of a rear yard.

5.4.Any accessory buildings closer than ten (10) feet to a main building shall be considered as part of the main building and shall be provided with the same side and rear yard requirements as the main building.

 

CHAPTER 4.07 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT

 

1.     In any district, only one (1) structure housing a permitted or permissible principal use may be erected on single lot, provided that yard and other requirements are met. Exception: Secondary commercial/industrial buildings in the Commercial/Industrial District may be allowed provided that yard and other requirements are met.

 

 

CHAPTER 4.08 EXCEPTIONS TO HEIGHT REGULATIONS

 

The height limitations contained in Chapter II do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

 

 

CHAPTER 4.09 PRIVATE WASTEWATER TREATMENT SYSTEMS (SEPTIC TANKS)

 

All residential, commercial, and industrial uses must be connected to a sewer system which meet requirements established by the South Dakota Department of Environment and Natural Resources.

 

 

CHAPTER 4.10 MODULAR  AND MANUFACTURED HOME HOMEPROVISIONS.

 

Section 4.10.01 Modular Homes

 

1.     Modular homes shall meet the following regulations.

 

a.     Modular homes shall meet or exceed Uniform Building Codes.

 

b.     Modular homes will include all off-site constructed homes, which may be transported to the site in one or more sections.

 

c.      Modular homes shall have more than one thousand (1,000) square feet in ranch style and eight hundred fifty (850) square feet split and be placed on a permanent foundation.

 

d.     Modular homes shall not have attached running gear and a trailer hitch or the capacity to have attached running gear and trailer hitch.

 

e.     Modular homes shall have a minimum of a 4/12-roof pitch.

 

f.       Have siding material of a type customarily used on site-constructed residences.

 

g.     Have roofing material of a type customarily used on site-constructed residences.

 

 


Section 4.10.02 Type I and Type II Manufactured Homes

 

1.     For the purpose of this Ordinance, manufactured homes will be regulated by type.  Two (2)  types of manufactured homes are defined under these regulations.

 

a.     Type I manufactured home shall:

 

i.       Have more than one thousand one hundred (1,100) square feet of occupied space in a double section or larger multi section unit.

 

ii.      The running gear and hitch have been removed.

 

iii.     Has been anchored to a foundation and permanent footing.

 

iv.    The foundation shall be (a) an approved wood basement constructed of 2 x 6 frame-work and treated with water resistant materials; or (b) a foundation shall be constructed with eight inches poured concrete or concrete block.

 

v.      The footing to be a minimum of eight (8) inches thick by sixteen (16) inches wide poured concrete with top of footing to be sixteen (16) inches below grade.

 

            vi.iv.Have a gabled roof with a pitch of at least 3/12 feet.

 

vii.v.Have siding material of a type customarily used on site-constructed residences.

 

            xiii.vi.Have roofing material of a type customarily used on site-constructed residences.

 

            ix.vii.The age of the manufactured house may not exceed fifteen (15) years from the date of manufacture.

 

b.     Type II manufactured home shall:

 

i.       Have more than 700 square feet of occupied space in a single, double, expando or multi-section unit.

 

ii.      Utilize a permanent perimeter enclosure in accordance with approved installation standards, as specified in 4.10.02. 

 

iii.     Be anchored to the ground, in accordance with manufacturer’s specifications, or as prescribed by the Defense Civil Preparedness Agency TR-75, issued June 1972, by the U.S. Department of Defense or by the ANTI/NFPA 501A Standards by the NFPA 225 Model Manufactured Home Installation Standards.

 

iv.    Have siding material of a type customarily used on site-constructed residences.

 

v.      Have roofing material of a type customarily used on site-constructed residences.

 

vi.    Have a gabled roof with a pitch of at least 3/12 feet.

 


vii.   The age of the manufactured house may not exceed fifteen (15) years from the date of manufacture.

 

viii.  Be place onto a support system. In accordance with approved installation standards, as specified in Section 4.10.02.2.

 

2.     Installation standards

 

a.     Permanent Perimeter Enclosure as required for Type I and II Manufactured Homes. Those manufactured homes designated in this Ordinance (Type I), as requiring a permanent perimeter enclosure must have footings and crawl space or basement walls. The space between the floor joints of the home shall be completely enclosed with the permanent perimeter enclosure (except for required openings).

 

b.     Foundation Siding/Skirting 

 

All manufactured homes without a perimeter (Type II) enclosure shall have an approved foundation siding/skirting enclosing the entire perimeter of the home.

 

                 i.     The foundation shall be (a) an approved wood basement constructed of 2 x 6 frame-work and treated with water resistant materials; or (b) a foundation shall be constructed with eight (8) inches poured concrete or concrete block.

 

               ii.     The footing to be a minimum of eight (8) inches thick by sixteen (16) inches wide poured concrete with top of footing to be sixteen (16) inches below grade.  The space between the floor joints of the home shall be completely enclosed with the permanent perimeter enclosure (except for required openings).

 

              iii.     All manufactured homes without a permanent perimeter enclosure  (Type II) shall have an approved foundation siding/skirting enclosing the entire perimeter of the home.

 

c.      Support System

 

i.       All HUD-Code manufactured homes of the Type I classification manufactured homes shall be installed with load bearing foundations in conformance with the manufacturer’s installation specifications.

 

ii.      Type II manufactured homes not placed on a permanent foundation shall be installed on a support system in conformance with the manufacturer’s installation specifications or with the support systems regulations in the ANTI/NFPA 501A 1977 installation standards NFPA 225 Model Manufactured Home Installation Standards.

 

3.     Nonconforming Homes.

 

A manufactured home placed and maintained on a tract of land and deemed to be a legal nonconforming use prior to the adoption of this Ordinance shall continue to be a legal nonconforming use.  If the nonconforming use is discontinued for a period of one year, the land thereafter must be used in conformity with all provisions of this Ordinance. 


4.3.Replacement of Nonconforming Homes.

 

Type I and Type II Manufactured Homes located upon any lot or lots of record at the time of the adoption of this Ordinance may be replaced by Type I and/or Type II Manufactured Homes of like dimensions and said replacement shall not be deemed to have changed the use thereof from a non-conforming to a conforming use.  If a replacement Type I and/or Type II Manufactured Home is of larger dimension than the replaced Type I and/or Type II Manufactured Home, then application must first be made to the County Planning and Zoning Commission Board of Adjustment for a special conditional use permit.

 

4.     Structural Alteration.

 

Due to its integral design, the Administrative Official after it is placed on the site must approve any structural alteration or modification of a manufactured home.

 

6.4 Variance from Maximum Age Requirement

 

Type I and Type II manufactured homes may receive a variance from the maximum age requirement (Chapter 4.10).  The Board of Adjustment may grant a variance if the applicant requesting the placement of the manufactured home meets the following requirements:

 

a.     The applicant shall provide a photograph of the manufactured home’s exterior and interior.

 

b.     That it shall have been shown to the satisfaction of the Board of Adjustment that the said manufactured home complies with the gas, plumbing, electrical, and construction requirements of Clark County.

 

c.      That the applicant shall obtain, and present to the Board of Adjustment, the written consent of all property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site.

 

CHAPTER 4.11 PERMANENT FOUNDATIONS REQUIRED FOR DWELLINGS

 

1.     No dwelling shall be constructed, installed, or moved into the area under the jurisdiction of these regulations, unless said dwelling is constructed upon, installed on or moved onto a permanent foundation, as defined in these regulations.  Exempted from this requirement are manufactured homes in an approved manufactured home park, provided said manufactured homes are anchored with tie downs to prevent the manufactured home from dangerous motion during high wind or other weather related events as defined herein. Exception are Type II manufactured homes.

 

 

CHAPTER 4.12 UTILITY EASEMENTS

 

No building or addition thereto shall be erected over or across any existing public utility or upon any platted easement.

 


CHAPTER 4.13 MOVED IN BUILDINGS

 

1.     Any building to be moved requires a building permit. It shall be unlawful to move any house or other building onto any lot or to any new location within the County unless and until a permit to do so has been obtained from the Administrative Official.  The Administrative Official may attach conditions to the issuance of the moved in building permit.  No permit shall be issued until the following requirements are met.

 

a.     The fee for said permit as prescribed in Section 3.01.03, shall have been paid.

 

b.     That the work is to be completed within twelve (12) months after the permit has been issued by the Administrative Official.

 

c.      The applicant may also be required to file with the County Auditor a sufficient bond conditioned so that the applicant will indemnify the County and any public utility for any damage done to any property, street, alley or public grounds.  No building shall be moved other than during the period from daylight to sundown.  Before any permit is granted under this section, the applicant must furnish proof that all taxes legally assessed against the property have been paid.  If a building or structure is to be moved onto any lot within the county, the Administrative Official shall have the power to deny the granting of a moving permit on the grounds that the intended use of the structure or location thereof is contrary to the provisions of this chapter.

 

d.     Any building, which is not newly constructed to be used for first occupancy, shall also meet the following minimum requirements to obtain a permit.

 

1.     The written consent of all property owners owning property immediately adjacent (excluding streets and alleys) to the proposed building site.  In the Town Districts “TD”  the applicant will comply with the above and further obtain the consent of more than fifty (50) percent of the number of owners of property within one hundred fifty 150 feet (excluding streets and alleys) of said proposed location has been received.

 

 

CHAPTER 4.14 SCREENING 

 

Where any “CI” use is adjacent to any residential use, that use (building, parking or storage) shall be appropriately screened from the residential use district by a fence or planting, approved by the Board of Adjustment, except where planting may be in conflict with vision clearance. See Section 4.01

 

 

CHAPTER 4.15.  REFUSE

 

In all zoning districts, refuse (rubbish, garbage, trash, wastes, or debris) shall be kept within a complete enclosed building or specially designed closed container made for such purpose. Owners of vacant lots shall be responsible for keeping their property free of trash. Normal farming operations excluded.

 


CHAPTER 4.16 UNLICENSED VEHICLES 

 

Vehicles not in use and without current license may not be kept in any uncovered area other than a designated junk, salvage yard, or designated collection site.  EXCEPTION: 1. Vehicles used in normal farming operations and 2.  Antique cars being refurbished shall not be required to be kept in a covered area or in above designated areas.

 

 

CHAPTER 4.17 MINIMUM WATER AND SEWER REQUIREMENTS

 

A water and sewer system cannot be approved until it meets the following standards:

 

1.     All public utilities and facilities shall be located, elevated, and constructed to minimize or eliminate flood damage; and

 


2.     All new or replacement water supply systems and sanitary sewage systems, in addition to meeting the requirements of the South Dakota Department of Environment and Natural Resources, must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

 

 

CHAPTER 4.18 SHELTERBELT SETBACK REQUIREMENTS

 

1.     A shelterbelt, consisting of one (1) or more rows shall not be established in the “A” Agricultural District within one hundred fifty (150) feet of a public road right-of-way line on the north and west sides of roads and not within one hundred (100) feet of a public road right-of-way line on the south and east sides of the roads. Shelterbelts at right angles to roads shall provide a minimum turnaround of fifty (50) feet measured from the road right-of-way.  Shelterbelts shall not be established within one hundred fifty (150) feet of adjoining property lines without written permission of adjoining property owners.  Trees used for landscaping the area immediately adjacent to farmsteads and residences are exempt from this regulation.

 

2.     The shelterbelts setback requirements (paragraph 1 above) also apply to volunteer trees that the landowner allows to grow.

 

3.     A recommendation from the County Highway Superintendent, Township and/or State Department of Transportation is required prior to the issuance of any variance of the shelterbelt setback from any respective County, Township or State/Federal public right-of-way.

 

 

CHAPTER 4.19 EXTENDED HOME OCCUPATION 

 

1.     There are significant differences between home occupations on small tracts and agricultural home occupations and extended home occupations. The nature of resources available for use, the benefits and disadvantages created by home occupations, and the problems generated necessitate a distinction between urban home occupations and farm home occupations. Each concept is based on supplementing income, but the districts in which each is practiced has unique characteristics. For the aforesaid reasons, different home occupations may be permitted in agricultural zoning districts than are permitted in the urban residential districts.  No person other than members of the family residing on the premises shall be engaged in such home occupation. While each use is based on supplementing income, the location and type of business in which each is practiced has unique characteristics. Specifically a home occupation is conducted within the primary structure (residence) while an extended home occupation is conducted in an accessory building.

 

1. For the purpose of this section, provided all requirements are met, the following shall may be considered extended farm home occupations:

 

a.     Welding repair conducted in a safe manner;

 

b.     Veterinarian’s office;

 

c.      Blacksmith;

 

d.     Seed Sales;

 

e.     Others, which in the opinion of the Board of Adjustment, would not conflict with adjoining land uses.

 

a.     Those businesses that support agricultural needs to include but not limited to vehicle and implement repair, implement sales, welding repair conducted in a safe manner; Veterinarian’s office; Seed Sales; and others, which in the opinion of the Board of Adjustment, would not conflict with adjoining land uses.  Specific business uses such as automobile and recreational vehicle sales are prohibited.

 

2.  Performance Standards

 

a.      An extended home occupation may not be changed to another extended home occupation except by the issuance of a separate conditional use permit.

 

b.     The extended home occupation is accessory to the principal use of the property (residence).

 

c.      Individuals engaged in such occupation shall consist of family members residing on the premises and up to three (3) non-family employees.

 

d.     There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one on-premise sign, not to exceed sixteen (16) square feet in area, non‑illuminated.

 

e.      Off premise signage for extended home occupations shall be limited to South Dakota Department of Transportation (SDDOT) commercial, directional signs, also known as “TOD Signs”.  These signs, with SDDOT approval, may be located adjacent to State and Federal Highways.

 

f.       The only retail sales allowed shall consist of the sale of commodities/products prepared on the premises in connection with such occupation or activity. Exception: Seed Sales.

g.     There shall be no outdoor storage of materials, vehicles, etc. related to the extended home occupation unless the aforementioned storage is placed behind a fence or is as approved by the Board of Adjustment.

 

h.     Extended home occupations should be agriculturally related and shall be conducted in an accessory building with the exception of implement sales. 

 

i.       No traffic shall be generated by such extended home occupation in greater volumes than would normally be expected in a residential neighborhood.  Prior to the issuance of a conditional use permit for an extended home occupation, County Highway Superintendent and/or Township approval shall be required. 

 

j.       Any need of off-street parking generated by the conduct of such extended home occupation shall be provided off the street and other than in a required front yard.

 

k.      No equipment or process shall be used in such extended home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.  In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

 

CHAPTER 4.20 SAND, GRAVEL OR QUARRY OPERATION; ROCK CRUSHERS; MINERAL EXPLORATION AND DEVELOPMENT; AND CONCRETE AND ASPHALT MIXING PLANTS REQUIREMENTS.

 

Separate permits are required for mineral extraction and milling. The applicant for a permit must meet the following minimal conditions as they pertain to the permit for which application is made.

 

Section 4.20.01 Application

 

1.     The applicant shall provide In addition to the application and required fee for a Conditional Use Permit, the applicant shall submit a site plan indicating the following information:

 

a.     A description of the mineral or minerals which are the subject of the mining or milling.

 

b.     Maps showing the general area within which the mining or milling operation will be conducted.

 

c.      A detailed description of the regional environmental conditions, to include surface land use and vegetation as well as a detailed description of the area’s geologic formations and hydrology from the best available scientific sources are required for mining or milling permits.  Present topography, soil types, and depth to groundwater.

 

d.     An environmental assessment which establishes base line conditions for radioactive and toxic material in air, ground and surface water, soil, vegetation and animals is required for mining or milling permits. Location of existing water drainage, existing buildings, existing shelterbelts.

 

e.     Identification of roads leading to the site.

f.       Proposed changes at the site such as new shelterbelts, new buildings, changes in topography, new fence lines.

 

g.     Proposed monitoring wells, etc.

 

2.     The applicant shall provide maps indicating the location of the affected sites to the nearest section of land, a technical description of the mining or milling process, the types of equipment to be used, and the estimated timetable for each phase of work and for final completion of the program.

 

3.     The applicant shall provide:

 

a.   A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the proposed mining or milling.

 

b.   A description of the proposed plan to address the identified environmental impacts to include all measures to be taken to prevent soil erosion, water contamination, air contamination, disruption of the area’s ecological balance and any other related hazard to public health and safety.

 

Section 4.20.02 State and Federal Requirements.

 

1.     All applicants for sand, gravel or quarry operations; mineral exploration and extraction operations; rock crushers; and concrete/ asphalt mixing plants shall demonstrate prior to the commencement of operation that the site meets the requirements of the State Department of Environment and Natural Resources.

 

6.2.The applicant shall identify specific phases when monitoring and inspection of the mining and milling activities shall be conducted by County, State, or Federal personnel or their representatives to assure compliance with all applicable rules and regulations.   If the special use permit is granted, the permit shall identify such inspection and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the Planning and Zoning Commission Board of Adjustment.

 

Section 4.20.03 Setbacks

 

1.     Sand, gravel or quarry operation; Mineral exploration and extraction operations; rock crushers; and concrete/ asphalt mixing plants will not be allowed within one thousand (1,000) feet of a residence.  The setback will be measured from the mineral exploration and extraction operations; rock crushers; and/or concrete and asphalt mixing plant’s property line to the nearest residence.  The exception to this standard would apply to residences owned and lived in by the operator of the mineral exploration and extraction operations; rock crushers, and/or concrete/asphalt mixing plants.

 

2.     Sand, gravel or quarry operation; Mineral exploration and extraction; rock crushers; and/or concrete and asphalt mixing plants shall be set back at least one hundred (100) feet from any public right-of-way.

 

3.     Sand, gravel or quarry operation; Mineral exploration and extraction; rock crushers; and/or concrete and asphalt mixing plants shall be set back a minimum of twenty-five (25) feet from all property lines (excluding public right-of-way).  EXCEPTION: The Board of Adjustment may allow excavation of minerals, sand, or gravel provided the following conditions are met:

 

a.     Any excavation performed less than twenty-five (25) feet from any rear or side property line may be allowed with a maximum slope of three (3) feet horizontal for each one (1) foot vertical. 

 

b.     No excavation is allowed within five (5) feet of any rear or side property line.

 

c.     The applicant shall obtain the written consent of all property owners owning property adjacent to the property line for which the exception is requested.

 

Section 4.20.04 General Provisions:

 

1.     Haul Roads. 

 

A requirement for receiving a permit for extractive/mining operations shall include a haul-road agreement between the applicant and appropriate governmental entity (Federal, State, County, Township, or Municipality).

 

2.     Air, Noise, and Water Pollution. 

 

The applicant may be required to provide information regarding how potential air, noise, and water pollution would be minimized.

 

4.3.Land Reclamation.

 

The applicant shall provide for a plan for land reclamation of the land after mining is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources, and the proposed future use of the lands mined and adjacent lands. The reclamation plan shall include:

 

  1. A reclamation schedule.

 

  1. Methods of plugging drill holes.

 

  1. Methods of severing and returning topsoil and subsoil.

 

  1. Methods of grading, backfilling and contouring of exploration sites, access roads, and mining sites.

 

  1. Methods of waste management and disposal, including liquid and solid wastes.

 

  1. Method of revegetation.

 


5.4.Performance Bond. 

 

The applicant may be required to post a surety performance bond in an amount to be determined by the County Commission to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of affected ground and surface waters. The amount shall be set by the County Commission based on an estimate of the cost of reclamation and decontamination. The bond shall be released five (5) years after mining and milling has ceased unless the Commissioners find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the surety bond may be reduced by the Commissioners if a bond is held by the State of South Dakota for the same purpose, by the same amount of the latter bond.

 

5.     Utilities/Easements.

 

No excavation shall occur within recorded easements.  The Board of Adjustment may specify a maximum slope at which excavation may occur in relation to any utility pole or recorded easement


 

7.6. A conditional use permit shall be issued only after all conditions specified herein have been met. Evidence of violation of the regulations, including but not limited to air and water contamination, shall be cause for an immediate cessation of mining and milling activities.

 

8.7. Solution mining - mining of an ore body with circulation of chemicals through injection and recovery wells, for minerals is prohibited.


 

 

CHAPTER 4.21 WIND ENERGY SYSTEM (WES) REQUIREMENTS

 

Section 4.21.01 Applicability

 

1.     The requirements of these regulations shall apply to all WES facilities except private facilities with a single tower height of less than seventy-five (75) feet and used primarily for on-site consumption of power.

 

Section 4.21.02 Federal and State Requirements

 

1.     All WESs shall meet or exceed standards and regulations of the Federal Aviation and South Dakota State Statutes and any other agency of federal or state government with the authority to regulate WESs.

 

Section 4.21.03 General Provisions

 

1.     Mitigation Measures

 

a.     Site Clearance. The permittees shall disturb or clear the site only to the extent necessary to assure suitable access for construction, safe operation and maintenance of the WES.

 

b.     Topsoil Protection. The permittees shall implement measures to protect and segregate topsoil from subsoil in cultivated lands unless otherwise negotiated with the affected landowner.

c.      Compaction. The permittees shall implement measures to minimize compaction of all lands during all phases of the project’s life and shall confine compaction to as small an area as practicable.

 

d.     Livestock Protection. The permittees shall take precautions to protect livestock during all phases of the project’s life.

 

e.     Fences. The permittees shall promptly replace or repair all fences and gates removed or damaged during all phases of the project’s life unless otherwise negotiated with the affected landowner.

 

f.       Roads

 

i.       Public Roads. Prior to commencement of construction, the permittees shall identify all state, county or township “haul roads” that will be used for the WES project and shall notify the state, county or township governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the WES. Where practical, all-weather roads shall be used to deliver cement, turbines, towers, assemble nacelles and all other heavy components to and from the turbine sites.

 

ii.      The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate state, county or township governmental body having jurisdiction over approved haul roads for construction of the WES for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and WES components. The permittees shall notify the County of such arrangements upon request of the County.

 

iii.     Turbine Access Roads. Construction of turbine access roads shall be minimized. Access roads shall be low profile roads so that farming equipment can cross them and shall be covered with Class 5 gravel or similar material. When access roads are constructed across streams and drainageways, the access roads shall be designed in a manner so runoff from the upper portions of the watershed can readily flow to the lower portion of the watershed.

 

iv.    Private Roads. The permittees shall promptly repair private roads or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.

 

v.      Control of Dust. The permittees shall utilize all reasonable measures and practices of construction to control dust.

 

vi.    Soil Erosion and Sediment control Plan. The permittees shall develop a Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County. The Soil Erosion and Sediment Control Plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction and drainage of roads and turbine pads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slop stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.

 

2.     Setbacks

 

Wind turbines shall meet the following minimum spacing requirements.

 

a.     Distance from existing off-site residences, business, churches,  and public buildings owned and/or maintained by a governmental entity shall be at least one thousand (1,000) feet. Distance from on-site or lessor’s residence shall be at least five hundred (500) feet. Distance to be measured from the wall line of the neighboring principal building to the base of the WES tower.

 

b.     Distance from public right-of-way centerline of public roads shall be two (2) times be at least five hundred (500) feet or one hundred ten percent (110%) the height of the wind turbines, measured from the ground surface to the tip of the blade when in a fully vertical position.

 

c.      Distance from any property line shall be two (2) times at least five hundred (500) feet or one hundred ten percent (110%) the height of the wind turbine, whichever distance is greater, measured from the ground surface to the tip of the blade when in a fully vertical position unless wind easement has been obtained from adjoining property owner.

 

i.       Exception: The Board of Adjustment may allow setback/separation distances to be less than the established distances identified above, if the adjoining landowners agree to a lesser setback/separation distance.  If approved, such agreement is to be recorded and filed with the Clark County Administrative Official.

 

3.     Electromagnetic Interference. The permittees shall not operate the WES so as to cause microwave, television, radio, or navigation interference contrary to Federal Communications Commission (FCC) regulations or other law. In the event such interference is caused by the WES or its operation, the permittees shall take the measures necessary to correct the problem.

 

4.     Lighting. Towers shall be marked as required by the Federal Aviation Administration (FAA). There shall be no lights on the towers other than what is required by the FAA. This restriction shall not apply to infrared heating devices used to protect the monitoring equipment. Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the Tower from the Tower and when required by federal law, dual mode lighting shall be requested from the FAA.  Beacon lighting, unless required by FAA, shall not be utilized.

 

5.     Turbine Spacing. The turbines shall be spaced no closer than three (3) rotor diameters (RD) (measurement of blades tip to tip) within a string and 10 RDs between strings. If required during final micro siting of the turbines to account for topographic conditions, up to 10 percent of the towers may be sited closer than the above spacing but the permittees shall minimize the need to site the turbines closer.

 


6.     Footprint Minimization. The permittees shall design and construct the WES so as to minimize the amount of land that is impacted by the WES. Associated facilities in the vicinity of turbines such as electrical/electronic boxes, transformers and monitoring systems shall to the greatest extent feasible be mounted on the foundations used for turbine towers or inside the towers unless otherwise negotiated with the affected landowner.

 

7.     Electrical Cables. Collector Lines. Collector lines are the conductors of electric energy from the Wind Energy System to the feeder lines.  When located on private property, the permittees shall place electrical lines, known as collectors, and communication cables underground when located on private property between the WES and the feeder lines. The exception to this requirement is when the total distance of collectors from the substation requires an overhead installation due to line loss of current from an underground installation. Collectors and cables shall also be placed within or immediately adjacent to the land necessary for turbine access roads unless otherwise negotiated with the affected landowner. This paragraph does not apply to feeder lines.

 

8.     Feeder Lines. Feeder lines are the conductors of electric energy from the collector lines to the main electric terminal. The permittees shall place overhead electric lines, known as feeders, on public rights-of-way if a public right-of-way exists or private property. Changes in routes may be made as long as feeders remain on pubic rights-of-way and approval has been obtained from the governmental unit responsible for the affected right-of-way. If no public right-of-way exists, the permittees may place feeders on private property. When placing feeders on private property, the permittees shall place the feeder in accordance with the easement negotiated with the affected landowner. The permittees shall submit the site plan and engineering drawings for the feeder lines before commencing construction. Feeder line support structures (power poles) shall be placed on private property where concrete or other similar materials are used as an exposed or above-ground permanent foundation.

 

9.     Decommissioning/Restoration/Abandonment

 

a.     Decommissioning Plan. Within 120 days of completion of construction, the permittees shall submit to the County a decommissioning plan describing the manner in which the permittees anticipate decommissioning the project in accordance with the requirements of paragraph (b) below. The plan shall include a description of the manner in which the permittees will ensure that it has the financial capability to carry out these restoration requirements when they go into effect. The permittees shall ensure that it carries out its obligation to provide for the resources necessary to fulfill these requirements. The County may at any time request the permittees to file a report with the County describing how the permittees are fulfilling this obligation.

 

b.     Site Restoration. The decommissioning of the WES shall begin within eight (8) months of the expiration of this permit, or earlier termination of operation of the WES and be completed within eighteen (18) months of the expiration of this permit or earlier termination of operation of the WES. Upon expiration of this permit, or upon earlier termination of operation of the WES, The permittees shall have the obligation to dismantle and remove from the site all towers, turbine generators, transformers, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four (4) feet. To the extent possible the permittees shall restore and reclaim the site to its pre-project topography and topsoil quality. All access roads shall be removed unless written approval is given by the affected landowner requesting that one or more roads, or portions thereof, be retained. Any agreement for removal to a lesser depth or for no removal shall be recorded with the County and shall show the locations of all such foundations. All such agreements between the permittees and the affected landowner shall be submitted to the County prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition within eighteen months after expiration.

 

c.     Cost Responsibility.  The owner or operator of a WES is responsible for decommissioning that facility and for all costs associated with decommissioning that facility and associated facilities.

 

d.     Financial Assurance. After the tenth (10th) year of operation of a WES facility, the Board may require a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance that is acceptable to the Board to cover the anticipated costs of decommissioning the WES facility.

 

e.     Failure to Decommission. If the WES facility owner or operator does not complete decommissioning, the Board may take such action as may be necessary to complete decommissioning, including requiring forfeiture of the bond. The entry into a participating landowner agreement shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that the Board may take such action as may be necessary to decommission a WES facility.

 

10.  Abandoned Turbines. The permittees shall advise the County of any turbines that are abandoned prior to termination of operation of the WES. The County may require the permittees to decommission any abandoned turbine.

 

11.  Height from Ground Surface. The minimum height of blade tips, measured from ground surface when a blade is in fully vertical position, shall be twenty-five (25) feet.

 

12.  Towers.

 

a.     Color and Finish. The finish of the exterior surface shall be non-reflective and non-glass.

 

b.     All towers shall be singular tubular design.

 

13.  Noise. Noise level shall not exceed 50 dBA, average A-weighted Sound pressure including constructive interference effects at the property line at the perimeter of the principal and accessory structures of existing off-site residences, businesses, and public buildings owned and/or maintained by a governmental entity.

 

14.  Permit Expiration. The permit shall become void if no substantial construction has been completed within two (2) three (3) years of issuance.

 

15.  Required Information for Permit.

 

a.     Boundaries of the site proposed for WES and associated facilities on United States Geological Survey Map or other map as appropriate.

 

b.     Map of easements for WES.

 

c.     Copy of easement agreements with landowners. Affidavit attesting that necessary easement agreements with landowners have been obtained.


d.     Map of occupied residential structures, businesses and public buildings owned and/or maintained by a governmental entity.

 

e.     Preliminary map of sites for WES, access roads and