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(a) Location of the tower shall be done with consideration for public safety in the event that the tower would fall, and to minimize adverse visual impact of broadcast towers through careful design, siting and screening.
(b) Care should be taken to avoid interference with any similar broadcast use and in no event shall the tower be located in any airport approach zone.
(c) The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
(1992 Code, App. C, § 15.15-1) (Ord. 76-09, passed 8-17-2009)
(a) Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
(b) Permit required. No person shall operate a temporary use without first obtaining a permit therefor from the county planning department as prescribed in this section. If an objection is filed pursuant to division (f) below or if the county planning department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the planning commissions for action. A date for public hearing shall be set at which time the county and city planning commissions shall meet jointly to consider the application. At the joint meeting, the planning commissions shall decide by a vote of each body whether to grant the temporary use permit. When the planning commissions are not in agreement, the application shall be considered denied.
(c) Applications.
(1) Submission deadline. All applications for a temporary use permit shall be made to the county planning department at least 60 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) Temporary use plan. All temporary uses shall be subject to approval of a temporary use plan. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit 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.
(d) Fee. A fee of $250 shall accompany the application for a temporary use permit.
(e) Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:
(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety and general welfare;
(2) The temporary use will not create hazardous traffic conditions or result in traffic in 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 the site;
(5) The time period and hours of operation for the temporary use are clearly specified;
(6) Provision is made for the removal, cleanup and restoration of the site;
(7) The temporary use will not adversely impact the natural environment;
(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property; and
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.
(f) Notice. The county planning department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the city planning department. The notice shall be sent at least 14 days before the county planning department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the county planning department makes its determination regarding the application, the application shall be referred to the planning commissions for action.
(g) 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 be clearly specified in writing on the temporary use permit.
(h) Appeal of planning department or planning commission decision. Any person aggrieved by an action of the county planning department in granting, denying, revoking or suspending a temporary use permit may appeal the action to the planning commissions. The appeal shall be in writing and filed with the county planning department within five working days of the decision. The action of the planning commissions may be appealed to the board of county commissioners and city council in the same manner.
(i) Hearing by board and city council. In the case of an appeal of a decision of the planning commissions, a date for public hearing shall be set at which time the board of county commissioners and city council shall meet jointly to consider the temporary use application. At the joint meeting, the board of county commissioners and city council shall decide by a vote of each body whether to grant the temporary use permit.
(j) Exemptions. The following uses shall not require a temporary use permit:
(1) Estate or real estate sales involving the property or items from the property where the sale is held;
(2) Garage, yard or rummage sales provided:
A. Sales last not longer than three days;
B. Sales are held no more than twice yearly; and
C. Sales are conducted on the owner’s property or one of the owner’s properties in case of a multi-party sale.
(3) Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for the use of the property or attendance is involved.
(4) An intermodal shipping/storage container placed on a parcel for fewer than 90 days.
(1992 Code, App. C, § 15.16) (Ord. 20-02, passed 3-18-2002; Ord. 104-05, passed 10-17-2005; Ord. 24-24, passed 3-26-2024)
(a) Intent.
(1) It is the intent of this section to limit the impact of commercial vehicles and equipment, recreational vehicles and agricultural vehicles and equipment upon those areas of the county in which the land use is residential or agricultural in nature. Fire, law enforcement, emergency vehicles and those vehicles designed for persons with disability are exempt from this section of the chapter.
(2) This section shall apply to the agricultural, recreation/conservation and residential zoning districts. Commercial vehicles, agricultural vehicles, recreational vehicles and equipment are prohibited unless in compliance with this section.
(b) Commercial vehicles and equipment. It is not the purpose of the section to prohibit commercial vehicles as described herein from residential parcels when actually engaged in a business activity which requires their presence for a specific purpose and limited time period.
(1) One commercial vehicle per resident, not to exceed a maximum of two commercial vehicles, shall be permitted on a property with an occupied residence provided that:
A. In a residential development area, the vehicle shall be currently licensed, fully functional, and have a gross vehicle weight of 12,000 pounds or less and not exceed 22 feet in length. Exclusive of a residential development area, the vehicle shall be currently licensed, fully functional, and have a gross vehicle weight of 26,000 pounds or less and not exceed 22 feet in length;
B. A semi-tractor is exempt from the gross vehicle weight requirement for division (b)(1)A. above;
C. The vehicle shall be operated by a person residing on the premises, and shall provide primary transportation for the resident to and from their place of employment;
D. The vehicle shall not be parked or stored within the right-of-way; and
E. No attached vehicle, equipment or trailer shall be allowed.
(2) Commercial vehicles and equipment that are currently licensed (if required) and fully functional and are in use as part of a permitted construction project shall be allowed for the duration of the project. Should the construction project cease for a period of six months, the commercial vehicles and equipment shall be removed from the property. Commercial vehicles and equipment shall not be stored or parked for longer than 72 hours upon any right-of-way;
(3) Commercial equipment that is fully functional, owned by the resident, and used by the resident for regular or ongoing maintenance of the property (i.e., lawn care, driveway maintenance, snow removal) and not for profit, shall be allowed on properties used for residential and agricultural uses; and
(4) Commercial vehicles or equipment shall not be used for human or animal occupancy. Semi-trailers shall not be used for storage.
(c) Recreational vehicles and equipment.
(1) The parking and storage of recreational vehicles shall be allowed provided that:
A. The vehicle title holder for any and all recreation vehicles parked or stored on the property shall be the property owner or permanent resident of the dwelling; or
B. If the property owner or permanent resident of the dwelling does not hold vehicle title to all of the recreational vehicles on the property, no more than three recreational vehicles shall be allowed to be stored or parked on the property, regardless of ownership.
(2) The vehicle and equipment shall be fully functional and licensed if required.
(3) No recreational vehicles shall be stored or parked for longer than 72 hours upon any right-of-way in a residential development district.
(4) No recreational vehicle or trailer shall be connected to gas, water, septic or sewer service unless approved by a county-issued permit.
(5) Recreational vehicles shall not be used as accessory structures nor shall they be used for human or animal occupancy.
(6) Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle.
(d) Agricultural vehicles and equipment. Agricultural vehicles and equipment shall meet the following conditions:
(1) Shall be fully functional and currently licensed if required;
(2) Shall be owned by the property owner or tenant; and
(3) Shall be presently used in the activity of agricultural operations or used for regular or ongoing maintenance of the property.
(e) Township road maintenance vehicles and equipment. Those persons employed by and/or operating township road maintenance vehicles and equipment shall be allowed to store the vehicles and equipment on their property. If the property is located within a residential development area, the vehicles and equipment shall be screened from public view.
(1992 Code, App. C, § 15.17) (Ord. 26-10, passed 3-15-2010)
The regulations regarding commercial Solar Energy Conversion Systems (hereafter referred to as SECS) to read:
(a) Intent.
(1) The intent of regulations for Solar Energy Conversion Systems is to encourage the development of alternative sources of energy while protecting the health, safety, and welfare of the public.
(b) SECS standards. The following standards apply to Commercial SECS:
(1) Commercial SECS shall be permitted only on lands zoned A-1 Agricultural, C-Commercial, I-1 or 1-2 Industrial, or RC Recreation/Conservation with the issuance of a conditional use permit.
(2) Signs. No advertising signs or logos shall be permitted on the SECS. One project identification sign, not to exceed 20 square feet, shall be allowed.
(3) An interconnection agreement must be completed with an electric utility.
(4) Public roads. The permittee shall obtain all locally required road permits for construction. Prior to commencement of construction, the permittees shall identify all state, county or township "haul roads" that will be used for the SECS project and shall notify the 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 SECS. Where practical all-weather roads shall be used to deliver all other heavy components to and from the SECS site.
The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the SECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the County Planning Department of such arrangements.
(5) Private roads. The permittee shall promptly repair private roads, easements, or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.
(6) Dust control. The permittees shall utilize all reasonable measures and practices of construction to control dust.
Storm Water Pollution Prevention Plan (SWPPP) and Soil Erosion and Sediment Control Plan.
The permittees shall develop a SWPPP and Soil Erosion and Sediment Control Plan prior to construction and submit the plan to the County Planning Department. The SWPPP and 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; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope 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.
(7) Other standards and codes. All solar farms shall be in compliance with any applicable local, state, and federal regulatory standards for solar energy systems.
Standards (9) through (11) must be provided as part of a complete Conditional Use Permit Application.
(8) Application contents. Every application for a commercial SECS permit shall include the following information:
A. Name and address of the applicant.
B. Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.
C. Site plan. A plot and development plan drawn in sufficient detail to clearly describe the following:
1. Physical dimensions and locations of the property, existing structures, and proposed structures.
2. Location of electrical lines and facilities.
3. Existing topography.
4. Proposed grading and removal of natural vegetation.
5. Setbacks.
D. General information on the typical type, size, height, rated power output, performance, and safety, of each SECS model, and electrical transmission equipment.
E. A location map to scale of all occupied structures within one-half mile of the boundary of the property upon which the SECS is to be located.
F. An application including any SECS which is located within a 100-year flood plain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a Flood Plain Development Permit.
G. Project schedule with anticipated construction date and completion date.
H. A Staging Area Plan depicting properties where materials and construction equipment will be stored during the installation process.
(9) If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of SECS; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed SECS and accessory structures. Such additional information as shall be required by the Planning Director.
(10) Decommissioning/ Restoration/ Abandonment.
A. Decommission Plan. Within 120 days of completion of construction, the permittees shall submit to the County Planning Department 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 the restoration requirements when they go into effect. The permittee of the SECS shall ensure that it carries out its obligation to provide the resources necessary to fulfill these requirements. The County Planning Department may at any time request the permittee of the SECS to file a report with the County Planning Department describing how the permittee is fulfilling this obligation. A commercial SECS shall be deemed inoperable if it has not generated power for 12 consecutive months.
B. Site restoration. Upon expiration of this permit, or upon earlier termination of operation of the SECS, the permittee shall have the obligation to dismantle and remove from the site all electrical generating equipment, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four feet. To the extent possible, the permittee 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 Planning Department and shall show the locations of all such foundations. All such agreements between permittee and the affected landowner shall be submitted to the County Planning Department prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition within 18 months after expiration.
C. Providing surety. The Planning Director shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include establishing an escrow account into which the project developer/ permittee will deposit funds on a regular basis over the life of the project. The unit of government shall then have access to the escrow account for the explicit purpose of decommission. Financial provisions shall not be so onerous as to make SECS projects unfeasible.
(c) Application review.
(1) Conditional use permit. A conditional use permit is required for a Commercial SECS.
(2) Technical issues and expert review. Solar Energy Conversion Systems may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Planning Director may require the applicant to pay reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the County.
(3) Building permit. Conditional use permit approval of solar energy conversion systems is separate from the building permit process. Building permits for the construction of facilities cannot be issued until the facility is approved through the conditional use permit process.
(Ord. 37-14, passed 6-24-2014)
The regulations regarding vacation home rental/short-term rental shall be as follows:
(a) Maximum occupancy shall not exceed three people per bedroom.
(b) The vacation home rental/short-term rental shall register with the state of South Dakota as a vacation home.
(c) Minimum off-street parking requirements shall be one parking space per guest bedroom.
(d) The contact information for the owner and any manager of the vacation home rental/short-term rental shall be provided to the Planning and Development Services Department. Any changes in ownership or management shall require new contact information be submitted to the Planning and Development Services Department.
(e) The contact information for the owner and manager shall be clearly posted both inside and outside of the vacation home rental/short-term rental.
(Ord. 98-23, passed 10-24-2023)
PARKING AND LOADING REGULATIONS
All parking required by this subchapter shall be located in conformance with the following requirements:
(a) The parking lot shall be set back a minimum of 15 feet from the front property line; and
(b) Parking spaces for all structures shall be located on the same site as the structure the parking is intended to serve; except that by conditional use permit, parking may be located within 300 feet of the use it is intended to serve.
(1992 Code, App. C, § 16.01) (Ord. 20-02, passed 3-18-2002)
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