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A conditional use permit shall be required for any use which involves the storage and/or use of a regulated substance as defined by this chapter. All available practical methods of preventing and controlling the contamination of groundwater from waste and other contaminants shall be employed.
(1992 Code, App. C, § 14A.03) (Ord. 20-02, passed 3-18-2002)
The following standards shall apply to uses in the water source protection overlay district:
(a) Tanks used for the storage of a regulated substance shall be governed as follows:
(1) A zoning permit shall be issued by the county planning department prior to placement or installation of any tank described below;
(2) All metallic tanks installed underground must be of double-wall construction and cathodically protected;
(3) All nonmetallic tanks installed underground must be of double-wall construction;
(4) All underground tanks must be equipped with a continuous leak detection system capable of immediately detecting a leak and giving audible and visible alarms;
(5) All underground tanks and all aboveground stationary tanks must be equipped with overfill protection devices. These devices must alert the transfer operator that the tank is 90% full or automatically shut off flow to the tank when the tank is no more than 95% full. All tanks must be equipped with an impervious spill containment basin;
(6) All fluid handling piping shall be of double-walled construction and shall include double-wall containment at the tank and to grade under any dispensing device;
(7) Piping on pressure systems shall be equipped with leak detection devices that will promptly notify the operator of a problem in the system in one or more of the following manners:
A. Give an audible and visible warning through the tank alarm panel; and
B. Completely stop the flow of the material to the dispenser.
(8) Secondary containment shall be provided around and under all aboveground stationary tanks and consist of native soils, clays, bentonites or artificially constructed material equivalent to 60 mil high density polyethylene or greater. An impermeability of at least ten (-6) centimeter/second is required to permit containment and detection of a release. Secondary containment must be constructed and maintained to meet impermeability requirements for the operational life of the tank(s). Secondary containment must be capable of containing 110% of the volume of the largest tank;
(9) Storage of petroleum products in stationary aboveground tanks as part of an agricultural activity shall be governed as follows:
A. A tank with a capacity of 55 gallons or less shall be exempt from these standards; and
B. A tank with a capacity in excess of 55 gallons or a series of tanks with a total capacity exceeding 100 gallons shall provide secondary containment as set forth in division (a)(8) above.
(10) Propane tanks shall be exempt from these standards.
(b) Sewer lines must be of PVC material and the joints must be sealed.
(c) When pastured animals are confined for winter feeding and the number exceeds 200 animal units, measures shall be employed to contain all wastes on-site. Winter feeding of pastured animals shall not constitute a concentrated animal feeding operation.
(1992 Code, App. C, § 14A.04) (Ord. 20-02, passed 3-18-2002)
The following uses shall not be allowed in the water source protection overlay district:
(a) Sanitary landfill, solid waste transfer facility;
(b) Waste disposal except the spreading of solid and liquid animal waste;
(c) Sewage disposal pond except when in conjunction with a concentrated animal feeding operation which is a nonconforming use. In this case, a conditional use permit shall be required for the disposal pond;
(d) Disposal of radioactive waste;
(e) Disposal of snow containing de-icing chemicals;
(f) Concentrated animal feeding operation;
(g) Injection well (class V well);
(h) Petroleum products terminal;
(i) Junk or salvage yard;
(j) Manufacture of a regulated substance;
(k) Unenclosed storage of road salt; and
(l) Cemetery.
(1992 Code, App. C, § 14A.05) (Ord. 20-02, passed 3-18-2002)
RRC RED ROCK CORRIDOR OVERLAY DISTRICT
The Red Rock Corridor Overlay District is a new zoning district which adds development standards and guidelines to the existing base zoning districts. The purpose of this overlay district is to maximize the corridor’s potential development and ensure compatibility with the existing and future land uses. This district is intended to increase the quality of development by applying design and development standards developed by county staff and the Red Rock Corridor task force.
(1992 Code, App. C, § 14B.01) (Ord. 86-11, passed 11-21-2011)
The boundaries of the Red Rock Corridor Overlay District are shown upon the maps which have been made a part hereof by reference. The maps shall be signed by the chairperson of the board of county commissioners and mayor and filed with the county register of deeds. The maps shall have the same force and effect as if they were all fully set forth herein.
(1992 Code, App. C, § 14B.02) (Ord. 86-11, passed 11-21-2011)
The requirements set forth in this section shall apply to any development or redevelopment of property located within the Red Rock Corridor.
(a) Site plan approval required.
(1) Purpose. The purpose of the site plan is to show all information needed to enable the planning director and the board of adjustment to determine if the proposed development meets the requirements of this RRC Overlay District and 2002 Revised Joint Zoning Ordinance.
(2) Nonresidential/agricultural development; site plan approval required.
A. All nonresidential/agricultural development located within the Red Rock Corridor shall require site plan approval. Completed submittals that meet the requirements of this section may be approved administratively by the planning director. The planning director may waive minor requirements based on site conditions for the given property.
B. 1. Submittals not able to meet the requirements of this section shall be reviewed by the board of adjustment.
2. A written notice shall be sent to all adjacent property owners no less than ten days prior to the board of adjustment’s consideration of a site plan containing a modification or waiver of the requirements.
(3) Information required. The site plan shall include the following information concerning the proposed development:
A. Names of all persons having an interest in the property, legal description of property, point of compass, scale and date;
B. Applicant’s name, address, project location, proposed land use and present zoning, location and names of adjoining subdivisions, the numbers of the adjoining lots therein, and the names and addresses of adjoining landowners;
C. If the applicant is other than the legal owner, the applicant’s interest shall be stated; and
D. Name and address of persons who prepared the site plan.
(4) Required illustrations. The site plan shall clearly set forth the following information concerning the proposed development:
A. Property boundary lines, dimensions and total area of the proposed development;
B. The proposed use of building materials, location, size, height, shape, use, elevation, building sign type and illustration of all buildings or structures in the proposed development;
C. 1. Location of the proposed on-site wastewater system; and
2. All on-site wastewater systems shall be constructed and operated in conformance with state regulations and with the Minnehaha County on-site wastewater treatment ordinance. No dumping of any wastewater shall be allowed at the site unless disposed into a properly sized and maintained wastewater system.
D. The total square footage of building floor area, both individually and collectively in the proposed development;
E. Existing buildings, rights-of-way, street improvements, railroads, utility easements, drainage courses, streams and wooded areas;
F. Location, number, dimensions and design of off-street parking in the proposed development, including:
1. Driveways, islands and planters;
2. Striping and curbs;
3. Loading facilities;
4. Type and location of lighting; and
5. Surface treatment.
G. Facilities for the collection and disposal of garbage and trash and screening structures;
H. Walls, fences or other artificial screens to be used as buffers shall be shown in elevation and prospective with proposed height and structural material indicated;
I. Location and type of all plants, grass, trees or ground cover to be used in the landscape. Landscaping to be used for screening purposes shall be illustrated with the size of trees to be planted clearly indicated. The planting location shall not adversely affect utility easements or service lines. On all site plans, the following requirements shall be met:
1. Implementation. The landscaping plan shall be submitted for approval as part of site plan submittal. The landscaping plan is to show the following information in accordance with the requirements of division (a)(3) above.
a. Location of trees;
b. Size and species of trees; and
c. Number of each size and species of trees.
2. Approval of landscaping. Landscaping is to be in place at the start of operation. Should completion of landscaping be delayed because of the season of year, extension of time may be granted by the planning director;
3. Maintenance. All landscaping, buffering and screening shall be maintained at all times to conform to the regulations established in this chapter. Landscaping which is not maintained in a manner consistent with this chapter shall be replaced, as follows:
a. Replacement includes, but is not limited to, replacing plants damaged by insects, soil conditions, disease, vehicular traffic, vandalism and acts of nature; and
b. Replacement landscaping shall be installed following notification by the planning director that a violation of this chapter has occurred or proper guarantees provided.
(b) Exterior building materials; color. Exterior colors shall be low reflectance, subtle and of earth tone colors. The use of high-intensity fluorescent colors is prohibited.
(c) Signs.
B. Only monument signs shall be allowed as freestanding signs when:
1. The sign area shall not exceed 200 square feet; and
2. The maximum height shall be ten feet.
(2) Off-premises signage is prohibited in all cases except for:
A. Multitenant signs in commercial centers.
1. One multitenant sign shall be allowed within a commercial center to act as a directory for the businesses located within the commercial center.
a. The sign area shall not exceed 200 square feet.
b. The maximum height shall be 30 feet.
c. No part of the sign face or structure shall be located in or overlap into the required side or rear yard setbacks or public right-of-way.
d. The light from any illuminated sign shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises or the safe vision of operators of vehicles on public roads.
B. Directional sign. In conformance with the provisions of § 159.351.
C. Maintenance and removal. Every sign shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period, the county may remove the sign at the owner’s expense.
D. Permit fees. Every applicant, before being granted a permit, shall pay a fee. For any sign erected or placed without a permit, the fee shall be double the established fee.
(d) Buffer requirements.
(1) A buffer or other form of visual screening shall be provided when certain identified land uses or districts abut other identified land uses or districts.
A. The uses or districts necessitating a buffer as defined in this section are identified in Table 1. A buffer should be provided between any nonresidential and residential use, except for when agricultural and residential uses abut.
B. Any outdoor storage area and/or garbage storage.
(2) Where required, the buffer shall consist of the widths identified in Table 1 and Table 2. Materials required in each buffer are identified in Table 3.
(3) For each bufferyard, the required materials in Table 3 shall be spaced evenly on center to the length of the required bufferyard.
Table 1: Bufferyards (width in feet)
| ||||
Neighboring Use | ||||
Developed Use
|
Agricultural | Residential | Commercial | Industrial |
Agricultural | ||||
Commercial | 30 | 15 | 10 | |
Industrial | 40 | 20 | 15 | |
Residential | ||||
Table 2: Specific Use Bufferyards (width in feet) | ||
Neighboring Use
| ||
Developed Use
|
Parks | Schools |
Agricultural | ||
Commercial | 30 | 30 |
Industrial | 40 | 50 |
Residential | ||
Table 3: Bufferyard Materials
| |
Buffer Width | Required Materials Per 100 Linear Feet* |
Table 3: Bufferyard Materials
| |
Buffer Width | Required Materials Per 100 Linear Feet* |
10 feet wide | 4 trees |
15 feet wide | 5 trees |
20 feet wide | 6 trees |
25 feet wide | 7 trees |
30 feet wide | 8 trees |
35 feet wide | 9 trees |
40 feet wide | 10 trees |
50 feet wide | 12 trees |
* All commercial uses which are allowed within the industrial zoned areas must meet the requirements set forth within the industrial zoning districts.
| |
(e) Fencing.
(1) The location of the fence within the bufferyard shall be determined between the applicant and the adjacent property owners.
(2) The “good side” of the fence shall always face the adjacent properties.
(3) The fence shall be six feet in height, opaque and constructed of treated wood, polyvinyl chloride (PVC), galvanized or vinyl-coated chain-link fence with privacy slats of an earth tone color (90% opacity required). Posts shall be anchored appropriately for material used and designed to support fence height.
(f) Lighting. All lighting used for illumination outdoors shall be arranged so as to deflect light away from any adjoining property and from public streets through full cut-off fixture type and location (i.e., there should be no light trespass).
(g) Parking.
(2) The planning director may require a buffer if vehicle headlights from any vehicles entering, parking, standing or exiting would shine onto residentially used property. If the site cannot be screened from residentially used property, the hours of operation may be restricted to preclude operation between the hours of 10:00 p.m. and 6:00 a.m., or any portion thereof as determined by the planning director.
(1992 Code, App. C, § 14B.03) (Ord. 86-11, passed 11-21-2011)
ADDITIONAL USE REGULATIONS
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