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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)
Off-street parking for specific uses shall be required as follows:
Use | Required Spaces |
Use | Required Spaces |
All nonresidential buildings, except those specified below | 1 space for each 300 square feet of floor area |
Auditoriums, theaters, other places of public assembly | 1 parking space for each 4 seats |
Bowling alley | 3 spaces per alley |
Church or temple | 1 parking space for each 4 seats in the main auditorium |
Community center, library, museum or similar public or semi-public buildings | 10 parking spaces plus 1 additional space for each additional 300 square feet of floor area in excess of 2,000 square feet |
Hospital | 1.5 parking spaces for each bed |
Hotel or motel | 5 parking spaces plus 1 space for each sleeping room or suite |
Manufacturing or industrial establishments, research or testing laboratory, bottling plant, warehouse or other similar establishments | 2 parking spaces for each 3 employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith |
Medical office building | Buildings in which 20% or more of the gross area is occupied by members of healing profession; 1 parking space for each 200 square feet of the gross area used for medical purposes |
Mortuary | 1 space for each 50 square feet of floor area in slumber rooms or 1 for each four seats in chapel, whichever is greater |
Multiple dwellings | 1.5 spaces for each dwelling unit of one bedroom or less; 2 spaces for each dwelling unit of 2 bedrooms or more |
Multiple dwellings for the elderly and handicapped | 0.75 spaces for each dwelling unit |
Other retail uses | 1 parking space for each 300 square feet of gross floor area except for planned shopping centers of 100,000 square feet of floor area or more who may reduce their requirement to 1 space for each 400 square feet of floor area |
Personal services | 1 parking space for each 200 square feet of floor area |
Private club or lodge | 1 parking space for each 300 square feet of floor area |
Restaurant, bar, café or recreation or amusement establishment Not specified herein | 1 parking space for each 100 square feet of floor area or 1 parking space per 3 fixed seats, whichever is greater |
Retail stores selling furniture, appliance or home improvement products (i.e. carpet, paint, wallpaper and the like) | 1 parking space for each 600 square feet of floor area |
Rooming and boardinghouses, sororities and fraternities | 1 space per 2 beds |
Sanitarium or institutional home | 1 parking space for each 3 beds |
School | |
Colleges and universities | Because of the unique parking needs of colleges and universities, a permit application for new construction must include a parking study prepared by the applicant of the parking needs of the entire campus including the new use and the study must address a plan to meet the parking needs of the staff and students |
Elementary school | 5 spaces plus 1 parking space for each teacher and staff member |
High schools | 1 parking space for each 3 students based on the building’s design capacity |
Junior high school | 25 spaces plus 1 parking space for each teacher and staff member. |
Single-family and two-family dwellings | 1 space for each dwelling unit |
(1992 Code, App. C, § 16.02) (Ord. 20-02, passed 3-18-2002)
In computing the number of required off-street parking spaces, the following rules shall be applied:
(a) FLOOR AREA shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking as herein defined;
(b) Where fractional spaces result, the number of parking spaces required shall be the nearest whole number;
(c) Whenever a building or use constructed or established after March 27, 1970, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change;
(d) Whenever a building or use existing prior to March 27, 1970, is reconstructed or is enlarged to the extent of 20% or more in floor area, the building or use in its entirety shall than and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20% of the gross floor area shall be provided with parking based on the enlargement or change.
(1992 Code, App. C, § 16.03) (Ord. 20-02, passed 3-18-2002)
Driveways, parking lots and loading/unloading areas shall conform with the following improvement and maintenance standards:
(a) (1) Any driveways, parking lots or loading/ unloading areas in a commercial or industrial zoning district shall be constructed with a hard surface when the property is accessed from a hard surface road.
(2) Hard surfacing shall consist of:
A. Concrete;
B. Asphalt;
C. Crushed asphalt. Crushed asphalt shall be applied to the following specifications:
1. A minimum of three inches packed gravel base;
2. Recycled asphalt packed to four and one-half inches;
3. Chip seal shall be applied two times; and
4. Two to four inches of hot mix asphalt shall be applied when the recycled asphalt material begins to breakdown
(3) Exception: Truck terminals, heavy equipment display, service and rental, concrete and paving plants, construction yards and similar establishments need not hard-surface areas maintained as maneuvering or parking/storage areas for heavy equipment when those areas are not adjacent to a front yard setback or otherwise screened from the public right-of-way.
(b) If a driveway, parking lot or loading/ unloading area is not required to be hard surfaced as outlined in division (a) above, a gravel surface shall be provided. The gravel surface shall be maintained to a minimum thickness of at least four inches.
(c) Adequate provisions shall be made for the disposal of storm water from a driveway, parking lot or loading/unloading area and the owner shall ensure that the water does not flow onto adjoining property in a quantity or manner that would be detrimental thereto.
(d) An opaque fence, wall, berm or landscaping of a height and character necessary for adequate screening of the parking lot from adjacent residentially used property shall be provided. Where there is a difference in elevation between the property which needs the screening and the property receiving the benefit of the screening, the height of the screen barrier shall be measured on the high side.
(e) The entrances and exits to and from any parking lot shall be approved by the director. Proper directional signs shall be provided.
(f) The entrances and exits to and from any parking lot or loading/unloading area shall be approved by the director. Proper directional signs shall be provided.
(1992 Code, App. C, § 16.04) (Ord. 20-02, passed 3-18-2002; Ord. 25-10, passed 3-15-2010)
(a) There shall be provided at the time any building is erected or structurally altered, off-street loading spaces in accordance with the following requirements:
(1) Office buildings.
5,000 to 25,000 sq. ft. of GFA* | One 12 ft. × 20 ft. loading space |
25,001 to 50,000 sq. ft. of GFA | One 14 ft. × 35 ft. loading space |
50,001 to 200,00 sq. ft. of GFA | Two 14 ft. × 35 ft. loading spaces |
Add one additional 14 ft. × 35 ft. loading space for each 75,000 square feet of gross floor area above 200,000 square feet | |
* GFA means gross floor area | |
(2) Retail or service establishment.
Less than 5,000 sq. ft. of GFA | One 12 ft. × 20 ft. loading space |
5,001 to 20,000 sq. ft. of GFA | One 14 ft. × 35 ft. loading space |
20,001 to 100,000 sq. ft. of GFA | Two 14 ft. × 35 ft. loading spaces |
Add one additional space for each 75,000 square feet of gross floor area above 1,000,000 square feet | |
(3) Wholesale, commercial use.
2,000 to 20,000 sq. ft. of GFA | One 14 ft. × 35 ft. loading space |
20,000 to 100,000 sq. ft. of GFA | Two 14 ft. × 35 ft. loading spaces |
Add one additional space for each 75,000 square feet of gross floor area above 100,000 square feet | |
(4) Manufacturing or industrial use. One 14 ft. × 35 ft. space for each 10,000 square feet of gross floor area plus one 14 ft. × 35 ft. space for each portion thereof in excess of 50,000 square feet.
(b) Loading spaces are to be provided on each lot in compliance with the following requirements:
(1) The loading space shall be completely contained on the lot it is intended to serve;
(2) The loading space shall be arranged on the lot in such a way as to allow normal movement of traffic in and around the loading area; and
(3) No loading space shall be permitted to extend into any public right-of-way.
(1992 Code, App. C, § 16.05) (Ord. 20-02, passed 3-18-2002)
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