(A) Intent. This permit shall provide for special uses which help to promote and maintain local agricultural tourism operations located along the Lower/Upper Valley areas near the city limits of Spearfish. (See Ag Tourism Overlay District.)
(B) Permit required. No person shall operate an agricultural tourism business without first obtaining a permit from the County Planning and Zoning Department or County Commission. The County Planning Department may determine that a hearing shall be held due to the scope of the proposed use; if such occurs the seasonal use permit shall be referred to the County Commission for a public hearing.
(C) Applications.
(1) Submission deadline for all agricultural tourism seasonal permit applications shall be made to the County Planning Department at least 45 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) All agricultural tourism seasonal permit plans shall be subject to an approval and shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended for use, the time period for which the use is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(3) All applications shall be on forms furnished by the County Planning and Zoning Department.
(D) Fees. Upon the filing of any application for an agricultural tourism seasonal permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the application required.
(E) Standard conditions.
(1) Bathroom facilities if required by county;
(2) Parking:
(a) A parking plan must be submitted for approval by the Planning Director;
(b) Parking facilities may be located on a grass or gravel area for seasonal uses such as produce stands, U-pick operations, and agricultural mazes. All parking areas shall be defined by either gravel, cut lawn, sand, or other visible markings; and
(c) All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.
(3) All signs must meet § II-8.004.
(F) Specific conditions.
(1) Produce stands.
(a) All produce stands shall be under 400 square feet;
(b) All produce stands have to be utilized for direct marketing of farm products grown on-site;
(c) All produce stands may sell in-season fruits and vegetables grown on the farm or from local/regional growers. Locally made products such as honey, jams, jellies, or related bakery items may also be sold; and
(d) The produce stand shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the produce stand shall cease.
(2) Seasonal U-pick. Seasonal U-pick fruits and vegetables operations are allowed. The U-pick operation shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the U-pick or orchard operation shall cease.
(3) Seasonal outdoor mazes. Seasonal outdoor mazes of agricultural origin such as straw bales or corn are allowed. The outdoor maze shall remain secondary to the principal use of the property for agricultural production. If the agricultural production on the site ceases, the outdoor maze operation shall cease.
(4) Special events or private parties. All special events or private parties shall have a separate temporary use permit according to § II-10.007.
(G) Procedure.
(1) The Planning Department shall review the completed agricultural tourism seasonal permit application for compliance with this title. Any application not containing and/or addressing all information shall be rejected and returned to the applicant together with the reasons for rejection.
(2) The Planning and Zoning Department shall be vested with the authority to approve said seasonal permit, to approve, approve with conditions, or deny the agricultural tourism seasonal permit within 30 days of receiving the application. If the action is to deny the agricultural tourism seasonal permit, the reasons for such action shall be in written format and specific reference shall be made to the requirements not met. The decision of the Planning and Zoning Department may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.
(H) Considerations. The following standards shall be used in determining the suitability and compatibility of a seasonal use.
(1) The seasonal use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.
(2) The seasonal use will not create hazardous traffic conditions or result in traffic excess of the capacity of the roads serving the use.
(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking.
(4) Adequate sanitation facilities will be available on-site.
(5) The time period and hours of operation for the seasonal use are clearly specified.
(6) Provision is made for the removal, clean-up, and restoration of site.
(7) The seasonal use will not adversely impact the natural environment.
(8) The site is suitable for the proposed seasonal use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property.
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code.
(10) The applicant shall meet all insurance requirements, pay all applicable fees, and execute the release and hold harmless agreement.
(I) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents, and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must clearly be specified in writing on the temporary use permit.
(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 14)