HomeMy WebLinkAboutOrdinance 22-037 Ordinance 22-037
An Ordinance Establishing Zoning Regulations and a Zoning Map for the City of
Brookings and Brookings County Area of Joint Zoning Authority and Providing
for the Administration, Enforcement, and Amendment Thereof, in Accordance
with the Provisions of SDCL Chapters 11-2, 11-4, and 11-6, and for the Repeal of
All Ordinances in Conflict Therewith.
Whereas, SDCL Chapters 11-2, 11-4 and 11-6 empower Brookings County, hereinafter
referred to as the County, to enact a zoning ordinance to share zoning authority with the
City of Brookings for all land within an "Area of Joint Zoning Authority" and to provide for
its administration, enforcement, and amendment, and
Whereas, the Brookings City Council, hereinafter referred to as the City Council, deems
it necessary for the purpose of promoting the health, safety, morals, and general welfare
of the City and County to enact such an ordinance, and
Whereas, the City Council has appointed a Planning Commission to recommend the
boundaries of the various zoning districts and appropriate regulations to be enforced
therein, and
Whereas, the Planning Commission has divided the "Area of Joint Zoning Authority" into
districts and has prepared regulations pertaining to such districts in accordance with the
City of Brookings and Brookings County Comprehensive Land Use Plans, and
amendments thereto, and in such a manner as to lessen congestion in the streets, to
secure safety from fire, panic, and other dangers; to promote the health and the general
welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid
undue concentration of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements; and
Whereas, the Planning Commission has given reasonable consideration among other
things, to the character of the districts and their peculiar suitability for particular uses,
with a view to conserving the value of buildings, and encouraging the most appropriate
uses of land throughout the "Area of Joint Zoning Authority", and
Whereas, the Planning Commission has held a public hearing thereon, and submitted
its recommendation to the City Council, and
Whereas, the City Council has given due public notice of hearings relating to zoning
districts, regulations, and restrictions; and has held such public hearing, and
Whereas, all requirements of SDCL Chapters 11-2, 11-4, and 11-6, with regard to the
recommendation of the Planning Commission and subsequent action of the City Council
have been met;
ARTICLE I
GENERAL PROVISIONS
CHAPTER 1.01. TITLE AND APPLICATION.
Section 1.01.01. Title.
This ordinance shall be known, cited and referred to as the "Joint Zoning Ordinance for
Brookings County and the City of Brookings" to the same effect as if the full title were stated.
Section 1.01.02. Jurisdiction.
Pursuant to SDCL Chapters 11-2, 11-4 and 11-6 and all acts amendatory thereto, the provisions
of this ordinance shall apply within the unincorporated areas of Brookings County, South Dakota,
as established on the map entitled "The Official Joint Jurisdictional Zoning Map of Brookings
County and the City of Brookings, South Dakota."
Section 1.01.03. Purpose.
The zoning regulations and zoning districts herein have been based upon the following adopted
comprehensive land use plans, hereafter referred to as "Plans": The 2016 Brookings County
Comprehensive Land Use Plan, adopted on February 9, 2016 by the Board of Brookings County
Commissioners, and the 2040 City of Brookings Comprehensive Land Use Plan, adopted by the
Brookings City Council on April 24, 2018 and amendments thereto. These Plans are in
conformance with SDCL Chapters 11-2, 11-4 and 11-6. These regulations shall establish a
common working relationship between the City of Brookings and Brookings County to carry out
the goals and objectives of the Plans as adopted by the City and County. The Joint Zoning
Ordinance is adopted to protect and to promote the public health, safety, peace, comfort,
convenience, prosperity and general welfare. More specifically, the Joint Zoning Ordinance is
adopted in order to achieve the following objectives:
1. To assist in the implementation of the Comprehensive land use plans of the County and City
which in their entirety represent the foundation upon which this ordinance is based.
2. To prevent excessive population densities and overcrowding of the land with structures.
3. To encourage a distribution of population or mode of land utilization that will facilitate the
economical and adequate provisions of transportation networks, water supply, storm water
drainage, sanitary sewer, education, recreation, or other public improvement requirements.
4. To allow uses of land compatible with features of the natural environment in a manner and
location which will not directly harm the water sources of the City of Brookings.
5. To foster harmonious, convenient and workable relationships among land uses.
6. To promote the stability of existing land uses that conform with the Comprehensive land use
plans of the County and City and to protect them from inharmonious influences and harmful
intrusions.
7. To preserve and protect existing property uses and values against adverse or unharmonious
adjacent land uses.
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8. 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 other land uses and their location.
9. To regulate and restrict the erection, construction, reconstruction, alteration, repair, and use
of buildings, structures, and land.
10. To allow for the order) and economic extension of urban services b limiting development
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density until property may be annexed into the City of Brookings.
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, and general welfare.
Wherever the requirements of this ordinance are at variance with the requirements of any other
lawfully adopted rule, ordinance, or Board of Adjustment decision, the most restrictive or that
imposing the higher standards shall govern.
Section 1.02.02. Purpose of Section Titles.
The titles appearing in connection with the sections of these regulations are inserted simply for
convenience to serve the purpose of an index. The introductory statements found at the beginning
of each article are to serve as general references only. The section titles, introductory statements,
and illustrative examples of zoning terms shall not be used by any person, office, court, or other
tribunal in construing the terms and provisions of these regulations.
Section 1.02.03. Violation and Penalty/Enforcement.
1. Violations of this ordinance shall be treated in the manner specified below.
a. Any person who starts work for which a permit (building, conditional use, variance,
rezoning) is required by this ordinance, without first securing such permit and paying the
prescribed fee, shall be charged according to the provisions of this section. All fees
assessed hereunder shall be rounded to the nearest whole dollar.
i. Upon finding such violation, the Zoning Officer shall notify the owner of property
involved either verbally or by sending a written notification of the requirement that a
permit must be obtained. Written notice shall be sent by certified mail, with return
receipt requested. If application for said permit is filed within seven (7) business days
from the verbal notification or date of receipt of the written notice, an administrative
fee, in addition to the permit fee, shall be assessed in the amount of one hundred
percent (100%) of the normal fee for the associated building permit, variance,
conditional use, and/or rezoning, 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 postage costs.
ii. If application for said permit is filed after the deadline of seven (7) business days
following the verbal notice or receipt of the notification of the permit requirement, there
shall be imposed an administrative fee, in addition to the permit fee, in the amount of
two (2) times the normal fee for the associated building permit, variance, conditional
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use, and/or rezoning building permit fee, plus the cost of the postage for mailing the
aforementioned notice. The payment of the administrative fee shall not relieve such
person from the provisions of paragraph (b) below.
iii. Any administrative fee or penalty imposed under the provisions of the Joint Zoning
Ordinance shall be in addition to any other fees or charges required under this
ordinance.
b. It is declared unlawful for any person to violate any of the terms and provisions of these
regulations. Any person who violates, disobeys, omits, neglects or refuses to comply with,
or resists the enforcement of any provision of this ordinance may be subject to a civil or
criminal penalty. Any person who violates this ordinance shall be subject to a fine of up to
five hundred dollars ($500.00), 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
County Finance Officer and shall be credited to the General Fund of the County.
c. 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, the appropriate authorities of Brookings County and/or the City of
Brookings 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 threatened violation.
d. Any taxpayer of the County may initiate judicial proceedings in a court of competent
jurisdiction to compel performance by the proper official or officials of any duty required
by these regulations.
2. Enforcement. The provisions of this Ordinance pertaining to the Agricultural District shall be
enforced by the Brookings County States Attorney. The provisions of this Ordinance pertaining to
property with a zoning designation other than Agricultural shall be enforced by the Brookings
City Attorney.
Section 1.02.04. Severability 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.
The Brookings Joint Jurisdiction Ordinance, 1980 is hereby repealed in its entirety. All other
ordinances or resolutions or parts of ordinances or resolutions in conflict with this ordinance, or
which are inconsistent with the provisions of this ordinance are repealed to the extent of the
inconsistency only.
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.
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1.02.07. Saving Clause.
These regulations shall in no manner affect pending actions, whether civil or criminal, founded
upon or resulting from any regulations hereby repealed. These regulations shall in no manner
affect rights or causes of action, whether civil or criminal, which are not yet filed, but may have
already accrued or resulted from any regulations repealed by this ordinance.
CHAPTER 1.03. OFFICIAL JOINT JURISDICTIONAL ZONING MAP.
Section 1.03.01. Official Joint Jurisdictional Zoning Map.
1. The unincorporated portions of the Area of Joint Zoning Authority are hereby divided into
zones, or districts, as shown on the Official Joint Jurisdictional Zoning Map, which, together
with all explanatory matter thereon, are hereby adopted by reference and declared to be a
part of this ordinance. The Official Joint Jurisdictional Zoning Map shall be identified by the
following words: "This is to certify that this is the Official Joint Jurisdictional Zoning Map
referred to in Chapter 1.03 of Ordinance Number of Brookings County, State of South
Dakota, as amended." and Ordinance 22-039 of the City of Brookings, together with the date
of the adoption of these Ordinances and subsequent amendments. The Official Joint
Jurisdictional Zoning Map shall be on file at the office of the County Development Office and
the office of the City's Community Development Department.
2. Regardless of the existence of copies of the Official Joint Jurisdictional Zoning Map which
may, from time to time, be made or published, the Official Joint Jurisdictional Zoning Map,
located in the office of the County Development Office, shall be the official and final authority
as to the current zoning status of land and water areas, buildings, and other structures in the
Area of Joint Zoning Authority.
Section 1.03.02. Amendment of the Official Joint Jurisdictional Zoning Map.
1. If, in accordance with the provisions of this ordinance, changes are made in district boundaries
or other matter portrayed on the Official Joint Jurisdictional Zoning Map, such changes shall
be entered on the Official Joint Jurisdictional Zoning Map promptly after the amendment has
been approved by the Board of Brookings County Commissioners and the Brookings City
Council.
2. No changes of any nature shall be made to the Official Joint Jurisdictional Zoning Map or
matter shown thereon except changes made in conformity with the procedure set forth in this
Ordinance. Any unauthorized change of whatever kind by any person or persons shall be
considered a violation of this Ordinance.
Section 1.03.03. Interpretation of District Boundaries.
1. Where uncertainty exists as to the boundaries of districts as shown on the Official Joint
Jurisdictional Zoning Map, the following rules shall apply:
a. 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;
b. Boundaries indicated as approximately following the center lines of streets, highways, or
alleys, shall be construed to follow such center lines;
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c. Boundaries indicated as approximately following platted lot lines shall be construed as
following such lot lines;
d. Boundaries indicated as approximately following city limits shall be construed as following
such city limits;
e. Boundaries indicated as following railroad lines shall be construed to be midway between
the main tracks;
f. Boundaries indicated as following shorelines shall be construed to follow such shorelines,
and in the event of change in the shoreline, shall be construed as moving with the actual
shoreline; 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;
g. Boundaries indicated as parallel to or extensions of features indicated in subsections 1.a.
through 1.f. above shall be so construed. Distances not specifically indicated on the
Official Joint Jurisdictional Zoning Map shall be determined by the scale of the map; and
h. Where physical or cultural features existing on the ground are at variance with those
shown on the Official Joint Jurisdictional Zoning Map, or in other circumstances which are
not covered by subsections 1.a. through 1.f. above, the Board of Adjustment shall interpret
those boundaries.
Section 1.03.04. Changes and/or Replacement of Official Joint Jurisdictional Zoning Map.
1. In the event the Official Joint Jurisdictional Zoning Map becomes damaged, is destroyed, or
lost, the Board of County Commissioners and the Brookings City Council may by ordinance
adopt a new Official Joint Jurisdictional Zoning Map, which shall supersede the prior Official
Joint Jurisdictional Zoning Map.
2. Unless the prior Official Joint Jurisdictional 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.
3. Amendments to the Official Joint Jurisdictional Zoning Map shall require amendment by
ordinance, as provided for in Chapter 3.03 of these regulations.
Section 1.03.05. Classification of Land Coming Within the Area of Joint Zoning Authority.
The zoning districts applicable to all land coming within the Area of Joint Zoning Authority as they
exist in the Zoning Ordinance for Brookings County, shall be continued unless otherwise changed
by ordinance.
Section 1.03.06. Dissolution of 2022 Joint Zoning Ordinance for Brookings County and
the City of Brookings.
The regulations contained herein which establish concurrent zoning jurisdiction shall be in effect
unless either the City of Brookings or Brookings County adopts an ordinance dissolving said
concurrent jurisdiction and regulations. In order to dissolve the concurrent jurisdiction and these
regulations, the county and city planning commissions shall meet jointly and hold at least one (1)
public hearing on the proposed dissolution. Notice of the time and place of the hearing shall be
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given at least once by the party proposing the dissolution at least fourteen (14) days in advance
of the hearing by publication in the legal newspaper of the City of Brookings. Following the public
hearing, each planning commission shall submit a recommendation to each respective governing
body. If it is the intent of either the County Commission or City Council to proceed with the
dissolution of the concurrent jurisdiction and these regulations, said governing body shall hold
two (2) readings of the ordinance, with at least one (1) public hearing prior to adoption of said
ordinance. Notice of the time and place of the hearing shall be published at least once by either
the city or county, as the case may be, at least fourteen (14) days in advance of the hearing by
publication in their legal newspaper.
ARTICLE II
DEFINITIONS
For the purpose of this Ordinance, certain terms and words are defined herein. Words used in the
present tense shall include the future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the word "structure", the word "shall" is mandatory
and not discretionary; the word may is permissive; the word person includes a firm, association,
organization, partnership, trust, company, limited liability company and corporation, as well as, an
individual; the word lot includes the word plat or parcel; and the words"used" or"occupied" include
the words intended, designed, or arranged to be used or occupied. Any word not defined herein
shall be as defined in any recognized Standard English dictionary.
Abandoned Well. A non-water producing well which still acts as a direct conduit for surface
contaminants to enter the aquifer/ground water source, but is in either such a state disrepair that
groundwater can no longer be obtained from it or has not been used for water production in the
past two (2) years.
Accessory Building and Uses. A subordinate building or portion of the principal building, the
use of which is incidental to and customary in connection with the principal building or the main
use of the premises, and which is located on the same lot with such principal building or use. An
accessory use is one which is incidental to the main use of the premises.
Accessory Building, Attached. A building subordinate to a principal use which is physically
connected to the principal use.
Accessory Building, Detached. A building subordinate to a principal use which stands apart or
is separate from the principal use.
Agriculture. The use of land for agricultural purposes, including farming, dairying, raising,
breeding, or management of livestock, poultry, or honey bees, truck gardening, forestry,
horticulture, floriculture, viticulture, and the necessary accessory uses for packaging, treating or
storing the produce, providing that the operation of any such accessory use shall be secondary
to the normal agricultural activities. This definition includes intensive agricultural activities such
as concentrated animal feeding operations, but not commercially-based agribusiness activities.
Agribusiness Activities. A generic term that refers to the various businesses involved in food
and grain production, including agrichemicals, farm machinery, wholesale and distribution,
processing, marketing, and retail sales.
Airport. A place where aircraft can land and takeoff, usually equipped with hangers, facilities for
refueling and repair, and various accommodations for passengers, including heliports.
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Alter or Alteration. Any change, addition or modification in construction.
Animal Feeding Operation Structure. An anaerobic lagoon, formed manure storage structure,
egg wash water storage structure, earthen manure storage basin or confinement building.
Animal Husbandry. The dairying, raising of livestock, breeding or keeping of animals, fowl or
birds as a business for gainful occupation.
Animal Manure. Poultry, livestock, or other animal excreta (waste matter) or mixture of excreta
with feed, bedding, or other materials.
Animal Manure Management Facilities. Any structure or facility utilized for the storage of
manure associated with a concentrated animal feeding operation.
Animal Unit. (See Article V, Section 5.12).
Animal Manure, Incorporated. Animal manure applied to the land surface and mechanically
mixed into the soil within twenty-four (24) hours.
Animal Manure, Infected. Animal manure injected or tilled into the soil at the time of
application.
Animal Manure, Surface Applied. Animal manure applied to the land surface without benefit of
incorporation or injection. This shall not include the use of animal manure in irrigation waters.
Antenna Support Structure. Any building or structure other than a tower which can be used for
location of Telecommunications Facilities.
Antique Car. An antique car is a car that is twenty-five (25) years old or older.
Applicant. An individual, a corporation, a group of individuals, partnership, joint venture,
owners, or any other business entity who requests or seeks application approval under the
terms of this ordinance. An applicant who has received approval under the terms of this
ordinance may also be considered a "permittee".
Application. The process by which the applicant submits a request to use, develop, construct,
build, or modify upon such parcel of land. Application includes all written documentation, verbal
statements and representations, in whatever form or forum, made by an applicant to Brookings
County concerning such a request.
Aquifer. A geologic formation, group of formations or part of a formation capable of storing and
yielding groundwater to wells or springs.
Area of Special Flood Hazard. Means the land in the floodplain subject to a one (1) percent or
greater chance of flooding in any given year. The area of a special flood hazard refers to the area
subject to inundation during the base 100-year flood.
Area of Joint Zoning Authority. The area beyond the corporate limits of the City of Brookings
where the County Commission and City Council jointly exercise the zoning powers granted by
SDCL Chapters 11-2, 11-4 and 11-6.
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Asphalt Mix or Batch Plant. A plant used for the manufacture of asphalt.
Base Flood. Base Flood means a flood having a one (1) percent chance of being equaled or
exceeded in any given year.
Basement. A basement has more than one-half ('/z) of its height below grade. A basement is
counted as a story for the purpose of height regulations if the floors are subdivided and each is
used for dwelling purposes.
Bed and Breakfast (B & B's). A private single-family residence which is used to provide limited
meals and temporary accommodations for a charge to the public. Such establishments should be
located where there will be minimal impact on surrounding properties.
Best Management Practices. Measures contained in the Soil Conservation Service South
Dakota Technical Guide, whether 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.
Board of Adjustment. Unless otherwise specified, when referenced within this ordinance, "Board
of Adjustment" refers to the City of Brookings/Brookings County Joint Board of Adjustment
established in Chapter 4.03. References to the"Joint Board" and "Joint Board of Adjustment refer
to the same Board unless otherwise noted.
Board Of County Commissioners. The governing body of Brookings County.
Buffer Zone. An area outside and adjacent to Zone A Aquifer Protection District that has been
delineated to account for possible changes in the boundaries of Zone A Aquifer Protection District
due to effects of irrigation pumping.
Buildable Area. The buildable area of a lot is the space remaining after the minimum setback
requirements of this Ordinance have been complied with. The diagram below illustrates the
buildable area of a hypothetical lot. This diagram is for reference only. Setbacks and other
requirements vary from district to district. (See illustration below).
Buildable Area Illustration
Rear Yard Coverage by
Accessory Bmld,ng
Side Yard for an Accessory
Budding
I WMth of Side Yard
I I
I I
ACCESSORY BUILDING j Depth of Rear Vard
1. _...J
I Lot Depth
I I
W-d:n o�Iad
I
BUILDABLE AREA
I
i I
i I
Aggregate W idth of I Depth of Front Yard
Side Yards j I
I
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I I
1 I
I I
_ _I
STREET
Lot Widen
Building. The word building includes the word structure (permanent or temporary) and is a
structure which is entirely separated from any other structure by space or by walls in which
there are no communicating doors or windows or similar openings and is designed for the
support, shelter and protection of persons, animals, or property.
Buildina Height. The vertical distance from the finished grade at the building line to the highest
point of the building.
Building Line. A line on the lot running parallel to the required horizontal distance from the
nearest property line.
Building, Principal. A non-accessory building in which is conducted the principal use of the lot
on which it is located.
Campground. A commercial recreation facility open to the public for a fee, upon which two (2) or
more campsites are located, established, maintained, advertised, or held out to the public to be a
place where camping units can be located and occupied as temporary living quarters.
Cannabis (or Marijuana). All parts of any plant of the genus cannabis, whether growing or not,
in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term
includes an altered state of marijuana absorbed into the human body. The term does not include
fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such
plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not
more than three-tenths of one percent on a dry weight basis.
Cannabis Cultivation Facility. This term is defined as a legally licensed entity that acquires,
possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related
supplies to a cannabis establishment.
Cannabis Dispensary. This term is defined as a legally licensed facility that acquires, possesses,
stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products,
paraphernalia, or related supplies and educational materials.
Cannabis Establishment. A cannabis cultivation facility, a cannabis testing facility, a cannabis
product manufacturing facility, or a cannabis dispensary.
Cannabis Product Manufacturing Facility. This term is defined as a legally licensed entity that
acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis
products to a cannabis dispensary.
Cannabis Products. Any concentrated cannabis, cannabis extracts, and products that are
infused with cannabis or an extract thereof, and are intended for use or consumption by humans.
The term includes edible cannabis products, beverages, topical products, ointments, oils, and
tinctures.
Cannabis Testing Facility. This term is defined as a legally licensed entity legally authorized to
analyze the safety and potency of cannabis.
Central Sewer (Age) System. Pipelines or conduits, pumping stations, and force mains, and all
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other structures, devices, appurtenances and facilities used for collecting or conducting wastes
to an ultimate point for treatment disposal, not to include sanitary septic tank and drainfield
disposal systems.
Change in Operation. Refers to any Concentrated Animal Feeding Operation for which an
increase has led to a change in size classification (Class E increases to Class C, B, or A; Class
C increases to Class B or A; Class B increases to Class A), or a significant change in animal
species.
Chemigation. The process of applying agricultural chemicals (fertilizer or pesticides) through an
irrigation system by injecting the chemicals into the water.
Church. A building wherein persons regularly assemble for religious worship and which is
maintained and controlled by a religious body organized to sustain public worship, together with
all accessory buildings and uses customarily associated with such primary purpose. Includes
synagogue, temple, mosque, or other such place for worship and religious activities.
City Council. The governing body of the City of Brookings.
City Planning And Zoning Official. The individual(s) designated by the City Manager to
administer the City of Brookings' Zoning and Subdivision Ordinances.
City Planning Commission. The members appointed by the City to serve in an advisory capacity
on planning and zoning matters.
Class V Infection Well. A conduit through which potentially contaminated but generally non-
hazardous fluids can move below land surface into or above an aquifer. The types of primary
concern are (1) commercial/industrial facility septic tanks when they are used to dispose of more
than domestic wastewater and (2) dry wells for repair/service bay drains at facilities servicing
motorized vehicles/equipment.
Clear View Triangle. A triangular-shaped portion of land established at street intersections and
ingress/egress points in which there are restrictions on things erected, placed or planted which
would limit or obstruct the sight distance of motorists entering or leaving the intersection. The
clear view triangle is the triangular area created by connecting the center point of an intersection
with two points that are located along the center line of a respective street at a prescribed distance
from the center point. See Clear View Triangle Illustration.
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Clear View Triangle Illustration
Commercial Vehicles. Any motor vehicle licensed by the State as a commercial vehicle.
Comprehensive Plan. The adopted long-range plan(s) intended to guide the growth and
development of the Area of Joint Zoning Authority.
Concentrated Animal Feeding Operation.A Concentrated Animal Feeding Operation is defined
as a lot, yard, corral, building or other area where ten (10) or more animals have been, are, or will
be stabled or confined for a total of forty-five (45) days or more during any twelve (12)-month
period, and where crops, vegetation, forage growth, or post harvest residues are not sustained
over any portion of the lot or facility. Two (2) or more animal feeding operations under common
ownership are a single animal operation if they adjoin each other, or if they use a common area,
or if they use a common area or system for disposal of manure.
Conditional Use. A conditional use is any use that, owing to certain special characteristics
attendant to its operation, may be permitted in a zoning district subject to requirements that are
different from the requirements imposed for any use permitted by right in the zoning district.
Conditional uses are subject to the evaluation and approval by the Board of Adjustment and are
administrative in nature.
Containment Facility.
1. Primary-The tank, pit, container, pipe, enclosure, or vessel of first containment of a regulated
substance.
2. Secondary -A second level of containment outside the primary containment facility designed
to prevent a regulated substance from reaching land or waters outside the containment area.
Contamination. The process of making impure, unclean, inferior or unfit for use by introduction
of undesirable elements.
Contamination, Air. A concentration of any radioactive or toxic material which is a product, by-
product, or otherwise associated with any exploration, mining or milling operation that increases
ambient air radiation levels by 50 mrems from the background levels at the perimeter of the mining
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and milling site or at the top of an exploration hole.
Contamination, Water. A concentration of any radioactive or toxic material which is a product,
by-product, or otherwise associated with any exploration levels established by the Federal Safe
Drinking Water Act and regulations promulgated thereunder.
Contingency Plans. Detailed plans for control, containment, recovery and clean-up of hazardous
materials released during floods, fires, equipment failures, leaks and spills.
County Planning Commission. The members appointed by the Board of County Commissioners
to serve in an advisory capacity on planning and zoning matters.
County Development Officer. The individual appointed by the Board of County Commissioners
and designated to administer and enforce the County's zoning and subdivision ordinance and this
Joint Jurisdiction Zoning Ordinance.
Density. The number of families, individuals, dwelling units, or housing structures per unit of land.
Development. The act or process of any surface or structure construction, reconstruction or
alteration of land use or intensity of use. Exception: In reference to Chapter 3.06, the term shall
also include any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood hazard.
Distillation. A process used to separate the substances comprising a mixture. It involves a
change of state, as of liquid to gas, and subsequent condensation.
District, Zoning. A section or sections of the Area of Joint Zoning Authority for which regulations
governing the use of buildings and premises, the height of buildings, the size of yards, and the
intensity of use are uniform.
Domestic Sanitary Sewage Treatment Facility. Shall mean the structures, equipment and
processes required to collect, carry away, treat and dispose of wastewater, industrial wastes, or
sludge.
Dwelling. Any building, including seasonal housing structures, or a portion thereof, which
contains one (1) or more rooms, with sleeping quarters and which is further designed and used
exclusively for residential purposes, but not including hotels, motels or lodging houses. This
definition does not include a mobile home or manufactured home.
Dwelling, Farm. Any dwelling owned or occupied by the farm owners, operators, tenants, or
seasonal or year-around hired workers.
Dwelling, Multiple-Family. A residential building designed for or occupied by two (2) or more
families, with the number of families in residence not exceeding the number of dwelling units
provided.
Dwelling, Non-Farm. Any occupied dwelling which is not a farm dwelling.
Dwelling, Single-Family. A building occupied exclusively by one (1) family.
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Dwelling Unit. One room, or rooms, connected together, constituting a separate, independent
housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or
longer basis, containing independent cooking and sleeping facilities and physically separated
from any other rooms or dwelling units which may be in the same structure.
Electrical Substation. A premises which may or may not contain buildings, where the
interconnection and usual transformation of electrical service takes place between systems. An
electrical substation shall be secondary, supplementary, subordinate, and auxiliary to the main
system.
Eligible Building Site (Building Eligibility►. A site which fulfills the requirements for the
construction or placement of a building.
Engineer. Means any engineer licensed by the State of South Dakota.
Erosion. The process of the gradual wearing away of land masses.
Essential Public Services. Overhead or underground electrical, gas, petroleum products (i.e.
gas, natural gas, oil) steam or water transmission or distribution systems and structures, or
collection, communication, supply or disposal systems and structures used by the public for
protection of the public health, safety or general welfare, including towers, poles, wires, mains
drains, sewers, pipes, conduits, cables, satellite dishes, and accessories in connection therewith.
Established Private Shallow Wells. A private well which is established and presently in use
prior to the siting of a new concentrated animal feeding operation or the proposed expansion of
an existing animal feeding operation which requires a conditional use permit.
Established Residence. A non-seasonal dwelling established before the siting of a new use
which requires a specific setback or separation distance from an established residence.
Existing Farmstead. Existing Farmsteads shall include:
1. A dwelling still in use or having been used in the past as a base for normal farming operations
which has been occupied by the owner or tenant within the last three (3) years and shall have
existed on the site for at least ten (10) years; or
2. Sites meeting the following criterion:
A. Evidence that the proposed site was once used for human habitation within the last fifty
(50) years. This may be determined by existence of buildings/foundations, tax records,
or sworn affidavit.
B. Evidence that the proposed site was used as a farmstead supporting normal farming
operations prior to May 14, 1976.
Exploration. The act of searching for or investigating a mineral deposit. It includes, but is not
limited to, sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts and other
works for the purpose of extracting samples prior to commencement of development of extraction
operations, and the building of roads, access ways, and other facilities related to such work. The
term does not include those activities which cause no or very little surface disturbance, such as
airborne surveys and photographs, use of instruments or devices which are hand-carried or
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otherwise transported over the surface or make magnetic, radioactive, or other work which causes
no greater land disturbance than is caused by ordinary lawful use of the land by persons not
involved in exploration.
Extended Home Occupation. An extended home occupation or home extended business is a
home occupation conducted outside of the residence in an accessory building.
Facility. Something built, installed or established for a particular purpose.
Family. One (1) or more persons related by blood, marriage, or adoption occupying a dwelling
unit as a single household unit. A family shall not include more than three (3) adults who are
unrelated by blood or law. This definition shall not include foster families as regulated by the State
of South Dakota.
Farm. An area with or without a dwelling which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising,
feeding, or breeding thereon of the usual farm poultry and farm animals, such as horses, cattle,
sheep and swine, where the foregoing farm products and animals are raised for income. The term
"farming" includes the operating of such an area for one or more of the above uses, including
dairy farms with the necessary accessory uses for treating or storing the produce; provided,
however, that the operation of such accessory uses shall be secondary to that of the normal
farming activities.
Feedlot. Feedlot means pens or similar areas with dirt, or concrete (or paved or hard) surfaces.
Animals are exposed to the outside environment except for possible small portions affording some
protection by windbreaks or small shed-type shade areas. Feedlot is synonymous with other
industry terms such as open lot, pasture lot, dirt lot, or dry lot.
Fence. A structure used as a boundary, screen, separation, means of privacy, protection or
confinement, and is constructed of wood, plastic, metal, wire mesh, masonry or other similar
materials and is used as a barrier of some sort.
Firearm. Means a gun that discharges shot, bullets or other projectiles by means of an explosive,
gas, compressed air, or other propellant.
Farm Building. A building on a farm for storing grain or equipment and for the housing of
livestock.
Filling. Filling in low-lying ground with soil.
Five-Year Time of Travel Distance. The distance that ground water will travel in five years.
This distance is a function of aquifer permeability and water table slope.
Fishery, Public. A place where fish are reared primarily for the purpose of transplanting to
another fishery.
Flood or Flooding. Means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland waters and/or
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2. The unusual and rapid accumulation of runoff of surface waters from any source.
Flood Insurance Rate Map (F.I.R.M.). The official map of a community on which FEMA has
delineated both the special hazard areas and the risk premium zones applicable to the
community. (Ord 2008-07, 6-24-2008)
Flood Insurance Study (FIS). A book that contains information regarding flooding in a
community and is developed in conjunction with the Flood Insurance Rate Map (FIRM).
Floodway. The channel and the adjacent areas that must be reserved in order to meet the
minimum requirement of the National Flood Insurance Program of providing for the discharge of
the base flood without cumulatively increasing the water surface elevation more than one (1)foot.
However if there are identifiable flood impacts either upstream or downstream, based upon a
scientific engineering study, a more stringent definition of floodway may be justified. That
definition would include the channel and the adjacent areas that must be reserved in order to
provide for the discharge of the base flood without cumulatively increasing the water surface
elevation to a point which may result in additional damages to upstream/downstream properties.
Floor Area. The square feet of floor space within the outside line of walls and includes the total
of all space on all floors of a building. It does not include porches, garages, or space in a
basement, or cellar when said space is used for storage or incidental uses.
Frontage. All the property on one (1) side of a street or road.
Game Lodge. A building or group of two (2) or more detached, or semi-detached, or attached
buildings occupied or used as a temporary place of abode of sportsmen, hunters and fishermen,
who are lodged with or without meals, and in which there are sleeping quarters.
Garage, Private. An accessory building used for the storage of not more than four (4) vehicles
owned and used by the occupant of the building to which it is necessary. Vehicles include cars,
pickups, trailers, and boats.
General Compatibility with Adjacent Properties. All uses listed as permitted or as conditional
uses are generally compatible with other property in a specified zoning district. If such uses are
not generally compatible, they should be prohibited within the specified district. Conditional uses
may only be denied in accordance with definable criteria in order that an applicant may know
under which circumstances a permit may be granted in this location. In Brookings County, general
compatibility refers to the manner of operation of a use. The Board of Adjustment may consider
compatibility when prescribing conditions for approval of a permit, but those conditions should be
uniformly required of similar uses under similar circumstances throughout the county.
Garage, Storage. Any building or premises, used for housing only motor-driven vehicles, other
than trucks and commercial vehicles.
Grade. The finished grade of premises improved by a building or structure is the average natural
elevation or slope of the surface of the ground within fifty (50) feet of the building or structure.
Grading. The act or method of moving soil to reshape the surface of land or a road to a desired
level or grade.
Grandfather"ed" Clause. A clause in a law that allows for the continuation of an activity that was
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legal prior to passage of the law but would otherwise be illegal under the new law.
Greenhouse. A building whose roof and sides are made largely of glass or other transparent or
translucent material and in which the temperature and humidity can be regulated for the cultivation
of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
Grey Water. All domestic wastewater except toilet discharge water.
Ground Water. Subsurface water that fills available openings in rock or soil materials such that
it may be considered water saturated.
Group Home. A supervised living or counseling arrangement in a family home context providing
for the twenty-four (24) hour care of children or adults.
High Water Mark. The elevation established by the South Dakota Water Management Board
pursuant to SDCL 43-17. In those instances where the South Dakota Water Management Board
has not established a high water mark, the Board of Adjustment may consider the elevation line
of permanent terrestrial vegetation to be used as the estimated high water mark (elevation) solely
for the purpose of the administration of this ordinance. When fill is required to meet this elevation,
the fill shall be required to stabilize before construction is begun.
Hazardous Materials. A material which is defined in one or more of the following categories:
1. Ignitable: A gas, liquid or solid which may cause fires through friction, absorption of moisture,
or which has low flash points. Examples: white phosphorous and gasoline.
2. Carcinogenic: A gas, liquid or solid which is normally considered to be cancer causing or
mutagenic. Examples: PCBs in some waste oils.
3. 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.
4. Highly Toxic: A gas, liquid or solid so dangerous to man as to afford an unusual hazard to life.
Examples: parathion and chlorine gas.
5. Moderately Toxic: A gas, liquid or solid which through repeated exposure or in a single large
does can be hazardous to man. Example: Atrazine.
6. 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.
Home Extended Business. See "Extended Home Occupation."
Home Occupation. A business, profession, occupation, or trade conducted for profit and located
entirely within a dwelling, which use is accessory, incidental, and secondary to the use of the
dwelling for residential purposes and does not change the essential residential character or
appearance of such dwelling. Said occupation is engaged in by the occupants of a dwelling.
Horticultural Services. Commercial services which are oriented to support the science or
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practical application of the cultivation of fruits, vegetables, flowers, and plants.
Incorporation. A soil tillage operation following the surface application of manure which mixes
the manure into the upper four inches or more of the soil.
Infection. The application of manure into the soil surface using equipment that discharges it
beneath the surface.
Institutional Farm. A farm owned and operated by a county, municipal, State or Federal
governmental entity and used to grow an agricultural commodity.
Kennel. Any premises or portion thereon where more than five (5) dogs, cats, or other household
pets are bred, raised, trained, boarded, harbored, or kept for remuneration. Veterinary clinics,
animal hospitals and animal shelters are specifically excluded.
Lagooninq. The process of creating a shallow body of water, separated from a larger body of
water.
Leaks and Spills. Any unplanned or improper discharge of a potential contaminant, including any
discharge of a hazardous material.
Levee. A man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
Loading Space. A space within the principal building or on the same lot for the standing, loading,
or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a
minimum depth of 35 feet, and a vertical clearance of at least 14.5 feet.
Lot. A lot is any lot, plot, or parcel of land under one ownership, occupied or intended for
occupancy by a use permitted in this Ordinance, including one (1) principal building, together with
its accessory buildings, open spaces and parking spaces required by these regulations and shall
have its principal frontage upon a road or other approved access.
Lot Area. The lot area is the area of a horizontal plane in square feet or acres within the lot line.
Lot, Corner. A corner lot will have two front yards. In the case of a lot abutting more than one
street, the owner may choose any street lot line as the front lot line with consent of the Zoning
Official, based on the effects of such choice on development of the lot itself or on adjacent
properties. The rear lot line is opposite and most distant from the front lot line.
Lot, Depth. The average mean horizontal distance between the front and rear lot lines.
Lot, Double Frontage. A lot having a frontage of two (2) streets as distinguished from a corner
lot.
Lot, Interior. A lot other than a corner lot.
Lot Line. An official line, of record, bounding a lot which divides one lot from another lot or from
a public or private street or any other public space.
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Lot Line, Front. The lot line separating a lot from a street right-of-way.
Lot Line, Rear. The lot line opposite and most distant from the front lot line; or in the case of
triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot,
parallel to and at a maximum distance from the front lot line. In no case, shall any structure be
closer than three feet to any lot line.
Lot Line, Side. Any lot line other than a front or rear lot line.
Lot Of Record. A subdivision, the plat of which has been recorded in the office of the Register of
Deeds, or a parcel of land, the deed or agreement to convey to which was recorded in the office
of the Register of Deeds prior to May 14, 1976.
Lot Width. The width of a lot is the mean distance between straight side lot lines measured at a
point fifty (50) feet back from the front line thereof. (see below).
Lot Width Illustration
SIDE LOT
UNE
I I
I I
I LOT WOTH i
I
Manufactured Home. A building, used exclusively for human habitation, which is constructed in
compliance with the National Manufactured Home Construction and Safety Standards Act in a
manufacturing facility after June 15, 1976, and is transportable in one or more sections to a
building site.
Manufactured Home Park. Any manufactured home court, camp, park, site, lot, parcel or tract
of land intended for the purpose of supplying a location, or accommodations, for manufactured
homes and upon which manufactured homes are parked and shall include all buildings used or
intended for use as part of the equipment thereof, whether a charge is made for the use of the
manufactured home park and its facilities or not. "Manufactured Home Park" shall not include
automobile or manufactured home sales lots on which unoccupied manufactured homes are
parked for the purposes of inspection and sale.
Manure. Poultry, livestock, or other animal excreta or mixture of excreta with feed, bedding or
other materials.
Manure, Liquid. A suspension of livestock manure in water in which the concentration of manure
solids is low enough to maintain a free flowing fluid. Liquid manure also includes slurry which is a
mixture of livestock manure, bedding and waste feed in water. Liquid manure and slurry is typically
applied to fields by pumping through irrigation equipment or by hauling and spreading with a tank
wagon. The solids content of liquid manure or slurry is less than ten (10) percent. A practical
definition of liquid manure includes any livestock manure mixture that can be pumped through
conventional liquid manure handling equipment.
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Manure Management Facilities. Any structure or facility utilized for the storage of animal
manure.
Manure Storage Area. An area for the containment of animal manure. Said area is separate from
pens or buildings where animal manure is stored for more than one year.
Manure, Surface Applied. Animal manure applied to the land surface without benefit of
incorporation or injection. This shall not include the use of animal manure in irrigation waters.
Milling. The processing or enhancing of a mineral.
Mineral. An inanimate constituent of the earth in a solid, liquid or gaseous state which, when
extracted from the earth, is useable in its natural form as a metal, a metallic compound, a
chemical, an energy source, or a raw material for manufacturing or construction material. For the
purpose of these regulations, this definition does not include surface or subsurface water,
geothermal resources, or sand, gravel and quarry rock.
Mineral Extraction. The removal of a mineral from its natural occurrence on affected land. The
term includes, but is not limited to, underground and surface mining.
Mobile Home. A building, used exclusively for human habitation, constructed in a manufacturing
facility prior to June 15, 1976, the effective date of the National Manufactured Home Construction
and Safety Standards Act, which is transported on a permanent chassis to a building site.A mobile
home shall be construed to remain a mobile home subject to all regulations applying thereto,
whether or not wheels, axles, hitch or other appurtenances of mobility are removed and
regardless of the nature of the foundation provided. A travel trailer or other form of recreational
vehicle shall not be construed to be a mobile home.
Modular Home. A building, used exclusively for human habitation, constructed off site and in
compliance with the applicable local or State building code and which is transported on a
temporary chassis to a permanent building site.
Nonconforming Building or Structure or Use. Any building or use of land, lawfully occupied by
a use at the time of passage of this regulation or amendment thereto, which does not conform
after the passage of this regulation or amendment.
Nonstandard Use. The category of nonconformance consisting of lots occupied by buildings or
structures or uses which existed immediately prior to the effective date of this ordinance which
fail to comply with any of the following: minimum lot requirements for the area, density, width,
front yard, side yard, rear yard, height, unobstructed open space, or parking for the district in
which they are located, even though the use of the premises conforms to the permitted uses within
the district as set out in the provisions of this ordinance.
Nursery. A place where trees, shrubs, vines and/or flower and vegetable plants are grown and/or
are offered for sale, to be transplanted onto the lands of the purchaser by the purchaser or by the
nursery establishment itself.
Object. Anything constructed, erected, or placed, the use of which does not require permanent
location on the ground or attached to something having a permanent location on the ground.
Official Joint Jurisdiction Zoning Map(s). The map or maps, which are legally adopted as a
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part of the zoning regulations that delineate the Area of Joint Zoning Authority and the boundaries
of the zoning districts.
Open Lot. Pens or similar confinement areas with dirt, or concrete (or paved or hard) surfaces.
Animals are exposed to the outside environment except for possible small portions affording some
protection by windbreaks or small shed-type shade areas. Synonymous with pasture lot, dirt lot,
dry lot.
Orchard. An orchard is an intentional planting of trees or shrubs maintained for food production.
Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than twenty-four (24) hours.
Owner. Means any Person with fee title or a long-term (exceeding ten (10) years) leasehold to
any parcel of land within the County.
Parking Space. An area, enclosed or unenclosed, sufficient in size to store one (1) automobile,
together with a driveway connecting the parking space with a street or alley.
Parks and Recreation Areas. Public, non-commercial recreation facilities open to the general
public and requiring minimal structural development, including, but not limited to playgrounds,
parks, monuments, green strips, open space, mini-parks, athletic fields, boat launching ramps,
piers and docks, picnic grounds, public campgrounds, swimming pools, and wildlife and nature
preserves, along with any necessary accessory facilities, rest rooms, bath houses, and the
maintenance of such land and facilities, but not including private, commercial campgrounds,
commercial recreation and/or amusement centers.
Pasture. A field providing continuous forage for animals and where the concentration of animals
is such that a vegetative cover is maintained during the growing season.
Permit. A permit required by these regulations, unless stated otherwise.
Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to
that zoning district.
Plat. The maps, drawing, or chart on which a subdivider's plan of subdivision is legally
recorded.
Potential Pollution Hazard. A concentrated animal feeding operation of ten (10) to three
hundred (300) animal units may be classified as a Class 4 Operation by the County Zoning
Officer when a potential pollution hazard exists. Factors to be considered by the Zoning Officer
in determining a potential pollution hazard include the following:
1. The concentrated animal feeding operation does not meet the minimum setback and
separation distances of these regulations.
2. A potential water pollution hazard exists due to siting over a shallow aquifer or drainage which
contributes to the waters of the State.
Primary Containment Facility. A tank, pit, container, pipe or vessel of first containment of a
liquid or chemical.
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Principal Building. The structure in which the principal use of the lot is conducted. For
example; a dwelling on a residential lot.
Principal Use. The primary use to which the premises are devoted.
Private Shooting Preserves. An acreage of at least one hundred and sixty (160) acres and not
exceeding one thousand two hundred and eighty (1,280) acres either privately owned or leased
on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended
season.
Private Wind Energy Conversion System (PWECS). Any mechanism or device, not owned by
a public or private utility company, designed for the purpose of converting wind energy into
electrical or mechanical power to be used on the site where said power is generated.
Process Generated Wastewater. Water directly or indirectly used in the operation of an animal
feeding operation. The term includes spillage or overflow from watering systems; water and
manure collected while washing, cleaning or flushing pens, barns, manure pits or other areas;
water and manure collected during direct contact swimming, washing or spray cooling of animals;
and water used in dust control.
Process Wastewater. "Process wastewater" means any process generated wastewater and any
precipitation (rain or snow) that comes into contact with the animals, manure, litter or bedding,
feed, or other portions of the animal feeding operation. The term includes runoff from an open lot.
Prohibited Use. A use which is not allowed in a specific zoning district. The Joint Board of
Adjustment is not authorized by variance nor administrative appeal to allow any use prohibited by
this ordinance in a specified district. Any use not listed as a "Permitted Use," "Accessory Use,"
"Permitted Special Use," or "Conditional Use" in a particular zoning district is a "Prohibited Use."
Overlay districts may specifically prohibit certain uses by listing those which would otherwise be
allowed in the underlying district as "Prohibited Uses."
Public Building. Any structure that is owned by a public agency, not to include utility facilities,
used for public business, meetings or other group gatherings.
Quarter-Quarter Section. The Northeast, Northwest, Southwest, or Southeast quarter (1/4) of a
quarter section delineated by the United States Public Land Survey or a government lot per such
survey.
Range (Target/Shooting). Shall be defined as an area for the discharge of weapons for sport
under controlled conditions where the object of the shooting is an inanimate object such as, but
not limited to, paper, metal or wooden targets. A Range Officer shall be present on site at any
Range when the range is in use. The term range includes archery ranges.
Range Officer. Means the person designated to be responsible at a Range at any given time
during any activity.
Recreational Vehicle. A motor home, travel trailer, truck camper, or camping trailer, with or
without motor power, designed for human habitation for recreational or emergency occupancy. A
recreational vehicle does not include boats, ice shacks or manufactured homes.
Religious Farming Community. A corporation formed primarily for religious purposes whose
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principle income is derived from agriculture and/or a farm which may or may not be held in
collective ownership, in which multiple families reside on-site and use or conduct activities upon
the property which are participated in, shared, or used in common by the members of the group
residing thereon.
Repair. Reconstruction or renewal of any part of an existing building for the purpose of
maintenance. The word "repair" or"repairs" shall not apply to any change of construction.
Rubble Site. A site for the disposition of refuse as defined by the South Dakota Department of
Environment and Natural Resources.
Runoff Control Basin. A structure which collects and stores only precipitation-induced runoff
from an animal feeding operation in which animals are confined to areas which are unroofed or
partially roofed and in which no crop, vegetation, or forage growth or residue cover is maintained
during the period in which animals are confined in the operation.
Sale or Auction Yard or Barn. A place or building where the normal activity is to sell or exchange
livestock. Livestock normally are in the yard or barn for one (1) day during sale or auction.
Sanitary Landfill. A government-owned site for the disposal of garbage and other refuse
material.
Sealed Holding Tank. A septic tank that holds household waste and wastewater until a septic
pumping company can pump the tank out. Construction of sealed holding tanks shall meet the
same requirements as a septic tank except that the holding tank shall not have an outlet.
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 for secondary containment facilities.
Section Line. A dividing line between two (2) sections of land as identified by the United States
Public Land Survey or a government lot per such survey.
Septic Tank. A tank (usually concrete) on a property into which raw sewage is discharged. The
sewage stays in the septic tank long enough for all solids to decay and liquid is drained off to an
attached leach bed (drainfield) for the purpose of purifying the liquid.
Service. A service is the non-material equivalent of a good. The provision of a service is the
economic activity that creates benefits by facilitating either a change in a customer, or in a change
in the customer's physical possessions, or a change in the customer's intangible assets.
Setback. The setback of a building is the minimum horizontal distance between the street or
property line and the front line of the building or any projection thereof, except cornices,
unenclosed porches, and entrance vestibules and window bays projecting not more than three
and one-half(3 1/2) feet from the building and having no more than fifty (50) square feet area and
not extending above the first story of the building.
Setback Between Uses. Unless specifically mentioned within this ordinance, the setback or
separation distance between uses is the minimum horizontal distance measured from the wall
line of a neighboring principal building to the wall line of the proposed building/structure/use.
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Shall. Means that the condition is an enforceable requirement of these this regulations.
Shallow Aquifer. An aquifer zero (0) to fifty (50) feet in depth in which the permeable media
(sand and gravel) starts near the land surface, immediately below the soil profile. A shallow aquifer
is vulnerable to contamination because the permeable material making up the aquifer(a) extends
to the land surface so percolation water can easily transport contaminants from the land surface
to the aquifer, or (b) 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.
Shallow Well. A well which is located in a shallow aquifer.
Shelterbelt. For the purposes of this ordinance a shelterbelt shall include ten (10) or more trees
planted in a line, with each tree separated by a distance of forty (40) feet or less. Ornamental
and/or shade trees, generally used in front yards and spaced further than thirteen (13) feet apart
which extend linearly for a distance of over one hundred fifty (150) feet, are not considered
shelterbelts.
Shorelands. All land within one thousand (1,000) feet of a lake or pond and lands within three
hundred (300) feet of a river or stream or to the landward side of the flood plain, whichever
distance is greater.
Shooting Range. (See Range (Target/Shooting)).
Should. Means that the condition is a recommendation. If violations of this regulation occur, the
County will evaluate whether the party implemented the recommendations contained in this
regulation that may have helped the party to avoid the violation.
aLqn. Any device or structure, permanent or temporary, which directs attention to business,
commodity, service or entertainment but excluding any flag, badge or insignia of any government
agency, or of any civic, charitable, religious, patriotic or similar organization.
Sign, Abandoned. A sign or sign structure which contains no sign copy, contains obliterated or
obsolete sign copy, or is maintained in an unsafe or unsightly condition for a period of three (3)
months shall be considered an abandoned sign.
Sign Area. The total area or areas of all signs within the outer edges of the sign or advertising
message. Sign area may be calculated in the following manner:
A. A single message on a single sign face.
1 IM7
Area = A x B
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B. Multiple messages on a single sign face:
171
Area = AXB
C. Multiple messages on stacked signs:
Sign
Area = (A x B) + (C x D)
Signs, Stacked. Two or more signs stacked vertically on a single sign structure.
Sign Structure. Any structure which supports, has supported, or is capable of supporting a sign,
including decorative cover.
Significant Contributor of Pollution. To determine if a concentrated animal feeding operation
meets this definition, one or more of the following factors are considered and/or may be prescribed
as conditions of granting a permit:
1. Whether the site has or will obtain a General Water Pollution Control Permit for Concentrated
Animal Feeding Operations from the South Dakota Department of Environment and Natural
Resources; or
2. Whether the site will obtain a Certificate of Compliance from the South Dakota Department of
Environment and Natural Resources; or
3. Whether engineered plans have been prepared/reviewed by an engineer licensed in the State
of South Dakota to determine whether runoff and infiltration of solid waste will not exceed
volumes allowed by the State of South Dakota Department of Environment and Natural
Resources if a General Water Pollution Control Permit for Concentrated Animal Feeding
Operations was applicable; or
4. Whether the changes to the existing manure management system is considered an
improvement from existing practices at a site with no substantiated complaints prior to an
application being made.
Solid Waste. Solid waste includes garbage, construction debris, commercial refuse, sludge from
water supply or waste treatment plants, or air pollution control facilities, and other discarded
materials; not to include hazardous materials or animal waste used as fertilizer.
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Solid Waste Receiving Station. A facility where garbage and other refuse material is brought
to the site and deposited in a container, then compressed and transported to a sanitary landfill.
Solution Mining. The mining of an ore body with circulation of chemicals through injection and
recovery wells. Solution Mining for minerals is prohibited.
Stable. A building for the shelter and feeding of domestic animals, especially horses and cattle.
Stable, Commercial. A building for the shelter and feeding of domestic animals, especially
horses and cattle where such domestic animals are raised, trained, boarded, harbored, or kept
for remuneration. Veterinary clinics, animal hospitals and animal shelters are specifically
excluded.
Stealth. Means any Tower or Telecommunications Facility which is designed to enhance
compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-
mounted antennas, antennas integrated into architectural elements, and Towers designed to look
other than like a Tower such as light poles, power poles, and trees. The term Stealth does not
necessarily exclude the use of uncamouflaged lattice, guyed, or monopole Tower designs.
Story. That portion of a building, other than a cellar, included between the surface of any floor
and the surface of the floor next above it, or if there is no floor above it, then the space between
the floor and the ceiling next above it.
Street, Highway or Road. All property acquired or dedicated to the public and accepted by the
appropriate governmental agency for street, highway or road purposes.
Street, Arterial. A street designated as such on the Major Street Plan of the respective
Comprehensive Plans of Brookings County and the City of Brookings.
Street, Collector. A street designated as such on the respective Major Street Plans of Brookings
County and the City of Brookings.
Street, Local. Any street which is not an arterial street or collector street.
Street, Highway or Road Right-of-Way (ROW) Line. A dividing line between a lot or parcel of
land and a contiguous street, highway or road.
Structurally Altered. Any change in the supporting members of a building, such as bearing walls
or partitions, columns, beams, or girders, or any complete rebuilding of a roof or the exterior walls.
Structure. Anything constructed or erected, the use of which requires a temporary or permanent
location on the ground or attached to something having a permanent location on or below the
ground. For the purpose of these regulations, retaining walls, concrete slabs and utility poles, are
not considered structures. Vehicles, trailers, rail cars, storage units shall be considered
"structures" if unlicensed, used for storage or screening, and which are not classified as "junk" by
this or other ordinances of the City of Brookings or Brookings County. For the purposes of Chapter
3.06, a structure includes any walled and roofed building or manufactured home that is principally
above ground.
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Structure, Temporary. Anything constructed, erected or placed, the use of which requires
temporary location on the ground or attached to something having a temporary location on or
below the ground.
Subdivision. The division of a parcel of land into two or more lots or parcels for the purpose of
transfer of ownership or building developments (whether immediate or future). This term includes
resubdivision and, when appropriate to the context, is related to the process of subdividing or to
the land subdivided.
Substantial improvement. Means any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds fifty (50) percent of the market value of the structure either:
1. Before the improvement or repair is started, or
2. If the structure has been damaged and is being restored, before the damage occurred. For
the purpose of this designation, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to comply with existing State or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living
conditions, or
b. Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Telecommunications Facilities. Means any cables, wires, lines, wave guides, antennas, and
any other equipment or facilities associated with the transmission or reception of communications
which a Person seeks to locate or has installed upon or near a Tower or Antenna Support
Structure. However, Telecommunications Facilities shall not include:
1. Any satellite earth station antenna two (2) meters in diameter or less which is located in an
area zoned industrial or commercial; or
2. Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning
category.
Temporary Fireworks Sales Stand.A structure utilized for the licensed resale of fireworks during
the time periods allowed by South Dakota State Law.
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.
Tower. Means a self-supporting lattice, guyed, or monopole structure constructed from grade
which supports Telecommunications Facilities. The term Tower shall not include amateur radio
operators' equipment, as licensed by the FCC.
Tree Farm. A privately owned forest or stand of trees in which timber crop production is a major
management goal.
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Tree, Ornamental. A deciduous tree which is typically grown because of its shape, flowering
characteristics, or other attractive features, and which grows to a mature height of about twenty-
five (25) feet or less.
Tree, Shade. For the purposes of this Ordinance, a shade tree is a deciduous tree which has a
mature crown spread of fifteen (15) feet or greater, and has a trunk with at least five (5) feet of
clear stem at maturity.
Truck Garden. A farm where vegetables are grown for market.
Truck Stop.Any building, premises, or land in which or upon which a business, service or industry
involving the maintenance, servicing, storage, or repair of commercial vehicles is conducted or
rendered, including the dispensing of motor fuel or other petroleum products directly into motor
vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck
stop also may include overnight accommodations and restaurant facilities.
Turbine. The parts of the Wind Energy System including the blades, generator, and tail.
Twin Homes. A two-family dwelling which has a common wall and is platted into two (2) separate
lots.
Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance
will not be contrary to the public interest and where, owing to conditions peculiar to the property
and not the result of the actions of the applicant, a literal enforcement of the ordinance would
result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized
only for height, area, and size of a structure or size of yards and open spaces. The establishment
or expansion of a use otherwise prohibited shall not be allowed by variance; nor shall a variance
be granted because the use is nonconforming in the zoning district or uses permitted in an
adjoining zoning district.
Violation. The failure of a structure/use or other development to be fully compliant with this
ordinance.
Waters of the State. Means all waters within the jurisdiction of this State, including all streams,
lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, situated wholly or partly within or bordering
upon the State.
Water Surface Elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD)
of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the
flood plains of coastal or riverine areas.
Wetlands. Any area where ground water is at or near the surface a substantial part of the year;
the boundary of which shall be defined as that area where the emergent aquatic vegetation
ceases and the surrounding upland vegetation begins.
Wind Energy System (WES). A commonly owned and/or managed integrated system that
converts wind movement into electricity. All of the following are encompassed in this definition of
Wind Energy System:
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1. Tower or multiple towers,
2. Generator(s),
3. Blades,
4. Power collection systems, and
5. Electric interconnection systems.
Windward Row. The row located on the side exposed to prevailing winds. Regarding shelterbelts,
on the north and west side of a public right-of-way, the windward row of the shelterbelt is
northernmost or westernmost row of trees. On the south and west side of a public right-of-way,
the windward row of the shelterbelt is southernmost and easternmost row of trees.
Wireless Telecommunication Facilities. Any cables, wires, lines, wave guides, antennae,
antenna arrays, and any other equipment associated with the transmission or reception of
telecommunications signals which a person seeks to locate or have installed upon or near a
telecommunications tower or antenna support structure.
Yard. An open space on the same lot with a building or group of buildings, where the open space
lies between the building or group of buildings and the nearest lot line. In measuring a yard for
the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a
rear yard, the minimum horizontal distance between the lot line and bearing wall of the main
building shall be used. (See Front, Side, and Rear Yard Illustration Below)
Yard, Front. A yard extending across the front of a lot between the sideyard lines, and being the
minimum horizontal distance between the road right-of-way line and the main bearing wall of the
main building or any projections thereof other than the projections of the usual steps, unenclosed
balconies or open porch. (See Front, Side, and Rear Yard Illustration Below)
Yard, Rear. A yard across the whole width of a lot, extending from the rear line of the building to
the rear line of the lot. (See Front, Side, and Rear Yard Illustration Below)
Yard, Side. A yard between the building and the adjacent side line of the lot which separates it
from another lot, extending from the front lot line to the rear yard. (See Front, Side, and Rear Yard
Illustration Below)
Front, Rear and Side Yard Illustration
INTERIOR CORNER
LOT LOT
REAR YARD REAR YAFID
■
g W
--T-' I I L--T
I FRONT OF WKM 1 I FRONT OF NOM
_1_____________J
FRONT YARD FROW YARD
STREET
Zoning Complaints. All zoning complaints must be in writing and signed.
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Zone of Contribution. The entire area around a well or well field that contributes water to the
well or wellfield.
Zoning Officer. The individual(s) appointed by the Board of County Commissioners and
designated to administer and enforce the zoning ordinance. This term may include: "County
Development Officer," "Zoning Official," and "Administrative Official."
ARTICLE III
DISTRICT REGULATIONS
CHAPTER 3.01. APPLICATION OF DISTRICT REGULATIONS.
Section 3.01.01. Application of District Regulations.
The regulations set by this Ordinance within each District are the minimum regulations and shall
apply uniformly to each class or kind of structure of land, and particularly, except as hereinafter
provided:
1. No structure, permanent or temporary, or any part thereof 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, 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 3.02. NONCONFORMING USES.
Section 3.02.01. Purpose and Intent. 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 3.02.02. Continuation of Nonconforming Uses. Subject to the provisions of this article,
the lawful use of a premises existing immediately prior to the effective date of this ordinance may
be continued although such use does not conform to the provisions hereof.
Section 3.02.03. 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
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to the provisions thereof.
Section 3.02.04. 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 premises is located.
Section 3.02.05. 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 assessed value, it shall not be
restored except in conformity with the provisions of the district in which the building is located.
Section 3.02.06. 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 3.02.07. Unsafe Nonconforming Use. If a nonconforming structure or portion of a
structure containing a nonconforming use becomes physically unsafe or unlawful due to 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 3.02.08. 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 3.02.09. 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 premises
in violation of zoning regulations in effect immediately prior to the effective date of this ordinance.
Section 3.02.10. 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 Planning
Commission(s), Board of Adjustment, City Council or Board of County Commissioners as set forth
elsewhere in this Ordinance.
Section 3.02.11. 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
further encroach into an existing front yard, side yard, or rear yard which is less than the
minimum required yards (front, side or rear) for the district in which they are located provided
that said additions will be erected no closer to the lot line than the existing building and the
addition shall further conform to all ordinance requirements.
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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 3.02.12. Nonconforming Lots of Record.
1. In any district in which single-family dwellings are permitted, a single-family dwelling 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 Board of
Adjustment.
2. If two (2) or more lots of record or combinations of lots of record and portions of lots of record
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 of record 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 in a manner which is not in 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.
3. Any area proposed or being developed for residential use in the "A" Agricultural Land District
must provide for a minimum of thirty-five (35) acres per lot, unless platted prior to May 14,
1976 or unless a conditional use permit is obtained in accordance with Section 3.04.02.28
and Chapter 5.21. Exception to the lot size may be made according to Section 3.04.01 and
Chapter 5.15.
CHAPTER 3.03. ZONING DISTRICTS.
Section 3.03.01. Districts.
1. For the purposes of this Ordinance, the unincorporated areas of the City of
Brookings/Brookings County Joint Jurisdiction Area may be divided into any zoning district
identified in the City of Brookings Zoning Ordinance, as amended, and any zoning district
listed in this Ordinance. The regulation, enforcement, and administration of property assigned
any zoning designation except A-Agricultural shall be in accordance with the City of Brookings
Zoning Ordinance, as amended. In addition to zoning districts, the FP-Flood Protection, TP-
Transmission Pipeline, and AP-Aquifer Protection zoning overlay districts impose special
regulations upon the property located within these districts without abrogating the
requirements imposed by the underlying land use district regulations.
2. The requirements as set forth below for each of the use districts listed as part of this Ordinance
shall govern the development within the said districts as outlined on the map entitled "Official
Joint Jurisdiction Zoning Map, Brookings County and City of Brookings, South Dakota".
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3. "A" AGRICULTURAL LAND DISTRICT - This district is established to preserve open space
and to maintain and promote farming and related activities within an environment which is
generally free of other land use activities. Residential development will be discouraged to
minimize conflicts with farming activities and reduce the demand for expanded public services
and facilities.
4. "AP" AQUIFER PROTECTION OVERLAY DISTRICT -The purpose of the Aquifer Protection
Overlay District is to protect public health and safety by minimizing contamination of the
shallow aquifers of Brookings County.
5. "FP" FLOOD PROTECTION OVERLAY DISTRICT - The Flood Protection Overlay District is
established to protect the natural environment and resources from destructive land uses and
to protect lives and property along and adjacent to streams and rivers.
6. "PRR" TRANSMISSION PIPELINE OVERLAY DISTRICT — The Transmission Pipeline
Overlay District is established to protect public health and safety by reducing the likelihood of
pipeline damage and reducing the adverse impact of pipeline failures through risk-based land
management decisions through public education, consultation and public cooperation.
Section 3.03.02. Prohibited Uses. All uses and structures not specifically listed as a permitted
use or as a conditional use in a particular zoning district or overlay district shall be prohibited in
said district.
CHAPTER 3.04. "A" AGRICULTURAL LAND DISTRICT.
Section 3.04.01. Permitted Uses.
1. Agricultural activities and farm-related buildings, including Class E, but excluding Classes A,
B, C, and D Concentrated Animal Feeding Operations;
2. Single family residences, including manufactured, mobile and modular homes;
3. Public fisheries and game propagation areas;
4. Orchards, tree farms, truck gardening, nurseries and greenhouses;
5. Public parks and recreation areas;
6. Institution farms;
7. Agricultural research facilities;
8. Signs;
9. Accessory uses, in accordance with specific requirements for this use in the Brookings County
Zoning Ordinance;
10. Exception to shelterbelt setbacks. See Section 5.14.5;
11. Existing farmstead exemption A. See Section 5.15.02;
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12. Existing farmstead exemption B. See Section 5.15.03;
13. Existing farmstead exemption C. See Section 5.15.04;
14. Produce stand for the direct marketing of farm products, 100% of which are grown by the
operator and at least 25% of which are grown on site. See Section 5.17.03.1;
15. Seasonal "U-pick" fruits and vegetable operations, orchards. See Section 5.17.03.2;
16. Seasonal outdoor mazes of agricultural origin, such as straw bales or corn. See Section
5.17.03.3;
17. Home occupation, in accordance with specific requirements for this use in the Brookings
County Zoning Ordinance.
Section 3.04.02. Conditional Uses.
1. Aviation facilities, in accordance with specific requirements for this use in the Brookings
County Zoning Ordinance;
2. Breweries and distilleries. See Section 5.17.03.7;
3. Campgrounds, in accordance with specific requirements for this use in the Brookings County
Zoning Ordinance;
4. Churches or cemeteries, in accordance with specific requirements for this use in the Brookings
County Zoning Ordinance;
5. Class C and D concentrated animal feeding operations. See Chapter 5.19;
6. 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, in accordance with specific requirements for this use in the
Brookings County Zoning Ordinance;
7. Extended home occupations, in accordance with specific requirements for this use in the
Brookings County Zoning Ordinance;
8. Farm experiences. See Section 5.17.03.6;
9. Fur farms, in accordance with specific requirements for this use in the Brookings County
Zoning Ordinance;
10. Game lodges, in accordance with specific requirements for this use in the Brookings County
Zoning Ordinance;
11. Golf course and/or golf driving ranges, in accordance with specific requirements for this use
in the Brookings County Zoning Ordinance;
12. Group homes, in accordance with specific requirements for this use in the Brookings County
Zoning Ordinance;
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13. Holiday tree farms. See Section 5.17.03.5;
14. Meteorological towers, in accordance with specific requirements for this use in the Brookings
County Zoning Ordinance;
15. Private Wind Energy Conversion Systems (PWECS), in accordance with specific
requirements for this use in the Brookings County Zoning Ordinance;
16. Public utility and public service structures, including substations, gas regulator stations,
community equipment buildings, pumping stations, and reservoirs;
17. Sand, gravel or quarry operations; mineral exploration and extraction; rock crushers; and
concrete and asphalt mixing plants. See Chapter 5.20;
18. Sanitary landfills, rubble sites, composting sites, waste tire sites, and restricted use sites, in
accordance with specific requirements for this use in the Brookings County Zoning Ordinance;
19. Seasonal retail stands, excluding garden produce, but including fireworks stands, in
accordance with specific requirements for this use in the Brookings County Zoning Ordinance;
20. Sewage (domestic) treatment plants, in accordance with specific requirements for this use in
the Brookings County Zoning Ordinance;
21. Commercial Shooting ranges, in accordance with specific requirements for this use in the
Brookings County Zoning Ordinance;
22. Solar energy conversion systems (SECS), in accordance with specific requirements for this
use in the Brookings County Zoning Ordinance;
23. Spreading of manure with irrigation system;
24. Stables, dog/cat kennels;
25. Veterinary clinics;
26. Wineries. See Section 5.17.03.4;
27. Wireless telecommunication towers, in accordance with specific requirements for this use in
the Brookings County Zoning Ordinance;
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Section 3.04.03. Area Regulations/Easements.
1. Minimum lot area, maximum building height, maximum lot coverage and minimum yard
requirements shall be regulated in accordance with the following tables:
Table 3.04.03.1
Minimum Maximum Maximum
Lot Height
Lot Area Coverage' (a)
Single Family Residences 35 Acres 25% 35' (a)
Other Permitted Uses 1 Acre 25% 35' (a)
Existing Farmstead 35 Acres 25% 35'
Exemption A (b)
Existing Farmstead 5 Acres (b) 25% 35'
Exemptions B and C
Other Conditional Uses As determined by the
Board of Adjustment
a. [Exception to maximum height] The administrative official may allow heights to exceed
thirty-five (35) feet for the following:
i. Agricultural buildings.
ii. Chimneys, smokestacks, cooling towers.
iii. Radio and TV towers.
iv. Water tanks.
v. Elevators
vi. Wind Energy Systems (WES).
vii. Wireless Telecommunications Towers and Facilities.
viii. Meteorological towers
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b. [Existing Farmstead Exemptions A, B, or C]
Minimum lot area applies to properties granted existing farmstead exemptions in
accordance with Chapter 5.15.
Table 3.04.03.2
Minimum Minimum Minimum
Front Rear Side Yard
Yard Yard
pSingleamily Residences(B) 100, 25' 25'
Agricultural Structures 50' 25' 25'
Agricultural Research Facility 100, 50' 100,
Other Permitted Uses (B) (C) 100, 25' 25'
Nonconforming Lots of 50' 50' 8'
Record
Signs 1' 25' 25'
Parallel to 100,
Shelterbelts ROW
(A) Perpendicular 100' 100'
to ROW 50'Conditional Uses
To be determined by
the Board of Adjustment
a. [Exception to Shelterbelt Setbacks]
Shelterbelts may be planted within required setbacks if done in accordance with Section
5.14.5.
b. [Exception to Setbacks for Nonconforming Structures]
Existing nonconforming residential structures, constructed prior to the adoption of this Joint
Zoning Ordinance, on a lot of record or on a lot containing at least thirty-five (35) acres
although considered nonconforming, are eligible to be expanded or added onto without Board
of Adjustment Approval, as long as the existing front, side or rear yard setbacks are not further
encroached upon.
2. Right to Farm Covenant
All new residential development (farm and non-farm) shall be required to file a "Right to Farm
Covenant" with the Register of Deeds before the issuance of a building permit. (See Chapter
5.21). Exception: This requirement does not apply to lots of record with existing residential
development that are destroyed by an act of God (wind, fire, flood) and subsequently are
rebuilt.
3. Access
A. 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:
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i. Roads identified on the Major Street plan as a:
a. Local road: 100 foot separation distance;
b. Collector road: 300 foot separation distance;
c. Arterial road: 500 foot separation distance.
B. 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.
CHAPTER 3.05 - FLOOD DAMAGE PREVENTION OVERLAY DISTRICT.
Section 3.05.01. - Statutory Authorization, Findings of Fact, Purpose and Objectives.
1. Statutory Authorization
The Legislature of the State of South Dakota has, in SDCL Chapter 11-2, delegated the
responsibility to local governmental units to adopt regulations designed to promote the public
health, safety and general welfare of its citizenry. Therefore, the County Commissioners of
Brookings County, South Dakota, ordain as follows:
2. Findings of Fact
a. The flood hazard areas of Brookings County are subject to periodic inundation which may
result in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
b. These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately flood-proofed,
elevated or otherwise protected from flood damage also contribute to the flood loss.
3. Statement of Purpose
It is the purpose of these regulations to promote the public health, safety and
general welfare, and to minimize public and private losses due to flood conditions to specific areas
by provisions designed:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood control projects;
c. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities, such as water and as mains, electric,
9 P 9
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telephone and sewer lines, streets and bridges located in areas of special flood hazard;
f. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
g. To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
h. To ensure that those who occupy the areas of special flood hazards assume responsibility
for their actions.
Section 3.05.02. - Methods of Reducing Flood Losses.
In order to accomplish its purposes, these regulations include methods and provisions:
1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging and other development which may increase flood
damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in other areas.
Section 3.05.03 - Reserved.
Section 3.05.04. General Provisions.
1. Lands to which this ordinance applies:
This ordinance shall apply to all areas of special flood hazards within the Area of Joint Zoning
Authority.
2. Basis for Establishing the Areas of Special Flood Hazard:
The areas of special flood hazard identified by the Federal Emergency Management Agency in
its Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), dated July 16, 2008, and
amendments thereto, are adopted by reference and declared to be part of these regulations. The
FIRM is on file at the County Zoning Office, Brookings, SD. (Ord. 2008-07, 6-24-2008)
3. Compliance:
No structure or land shall hereafter be constructed, located, extended or altered without full
compliance with the terms of these regulations, and other applicable regulations.
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4. Abrogation and Greater Restrictions:
These regulations are not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where these regulations and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
5. Interpretation:
In the interpretation of these regulations, all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under State statutes.
6. Warning and Disclaimer of Liability:
The degree of flood protection required by these regulations is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.
These regulations do not imply that land outside the areas of special flood hazards or uses
permitted within such areas of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. These regulations shall not create liability on the part of
Brookings County, any officer or employee thereof, or the Federal Emergency Management
Agency for any flood damages that result from reliance on these regulations or any administrative
decision lawfully made thereunder.
7. Severability:
If any section, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a
court, the remainder of the ordinance shall not be affected.
Section 3.05.05. Administration.
1. Establishment of Development Permit
A development permit shall be obtained before construction or development begins within any
area of special flood hazard established in Section 3.05.04.2 Application for a development permit
shall be made on forms furnished by the Zoning Officer, and may require, but not be limited to:
Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the
area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and
the location of the forgoing. Specifically, the following information is required:
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures;
b. Elevation in relation to mean sea level to which any structure has been flood-proofed;
c. Certification by a registered professional engineer or architect that the flood-proofing
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methods for any nonresidential structure meets the flood proofing criteria in Section
3.06.06.2.b; and
d. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
2. Designation of the Zoning Officer
The Zoning officer is hereby appointed to administer and implement these regulations by
granting or denying development permit applications in accordance with their provisions and this
ordinance.
3. Duties and Responsibilities of the Zoning Officer
The duties of the Zoning Officer shall include but not be limited to:
a. Permit Review
i. Review of all development permits to determine that the permit requirements of these
regulations have been satisfied.
ii. Review all development permits to determine that all necessary permits have been
obtained from those Federal, State or local governmental agencies from which prior
approval is required.
iii. Review all development permits to determine if the proposed development adversely
affects the flood carrying capacity of the area of special flood hazard. For purposes of
these regulations, "adversely affects" means damage to adjacent properties because
of rises in flood stages attributed to physical changes of the channel and the adjacent
overbank areas.
1. If it is determined that there is no adverse effect and the development is not a
building, then the permit shall be granted without further consideration.
2. If it is determined that there is an adverse effect, then technical justification
(i.e., a registered professional engineer's certification) for the proposed
development shall be required.
3. If the proposed development is a building, then the provisions of these
regulations shall apply.
b. Uses of Other Base Flood Data
When base flood elevation data has not been provided in accordance with Section
3.06.04.2, Basis for Establishing the Areas of Special Flood Hazard, the Zoning officer
shall obtain, review, and reasonably utilize any base flood elevation and floodway data
available from a Federal, State, or other source as criteria for requiring that new
construction, substantial improvements, or other development in Zone A are administered
in accordance with Section 3.06.06.2, Specific Standards.
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c. Information to be Obtained and Maintained.
i. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or
not the structure contains a basement.
ii. For all new or substantially improved flood-proofed structures:
1. Verify and record the Actual elevation (in relation to mean sea level) to which the
structure has been flood-proofed.
2. Maintain the flood proofing certification required in Section 3.06.05.1.c.
iii. Maintain for public inspection all records pertaining to the provisions of these
regulations.
d. Alteration of Watercourses
i. Notify adjacent communities and Emergency and Disaster Services, Pierre, prior to
any alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
ii. Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not diminished.
e. Interpretation of FIRM Boundaries
Make interpretations, where needed, as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between
a mapped boundary and actual field conditions).
Section 3.05.06. Provisions for Flood Hazard Reduction.
1. General Standards
In all areas of special flood hazards, the following standards are required:
a. Anchoring
i. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure and capable of resisting the
hydrostatic and hydrodynamic loads.
ii. All manufactured homes must be elevated and anchored to resist flotation, collapse or
lateral movement and capable of resisting the hydrostatic and hydrodynamic loads.
Methods of anchoring may include, but are not limited to use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces. Specific requirements include:
1. Over-the-top ties to be provided at each of the four corners of the manufactured
41
home, with two additional ties per side at intermediate locations, with manufactured
homes less than 50 feet long requiring one additional tie per side;
2. Frame ties must be provided at each corner of the home with five additional ties per
side at intermediate points, with manufactured homes less than 50 feet long
requiring four additional ties per side;
All
I components of the anchoring system shall be capable of carrying a force of
p 9 Y p Y 9
4,800 pounds;ounds; and
4. Any additions to the manufactured home must be similarly anchored.
b. Construction Materials and Methods
i. All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
ii. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
iii. All new construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
c. Utilities
i. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
ii. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters; and
iii. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
d. Subdivision Proposals
i. All subdivision proposals shall be consistent with the need to minimize flood damage;
ii. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage;
iii. All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood damage; and
iv. Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contain at least 50 lots or five acres (whichever is less).
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e. Encroachments
Encroachments, including fill, new construction, substantial improvements, and other
development shall be prohibited in any floodway unless a technical evaluation demonstrates
that the encroachments will not result in any increase in flood levels during the occurrence of
the base flood discharge.
2. Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in Section 3.06.05.3.b, Use of Other Base Flood Data, the following standards are required.
a. Residential Construction
New construction and substantial improvement of any residential structure shall have the
lowest floor (including basement) elevated to one (1) foot above the base flood elevation.
i. Below-Grade Residential Crawlspace Construction
New construction and substantial improvement of any below-grade crawlspace shall:
1. Have the interior grade elevation that is below base flood elevation no lower than
two feet below the lowest adjacent grade;
2. Have the height of the below-grade crawlspace measured from the interior grade
of the crawlspace to the top of the foundation wall, not exceed four feet at any
point;
3. Have an adequate drainage system that allows floodwaters to drain from the
interior area of the crawlspace following a flood;
4. Be anchored to prevent flotation, collapse, or lateral movement of the structure
and be capable of resisting the hydrostatic and hydrodynamic loads;
5. Be constructed with materials and utility equipment resistant to flood damage;
6. Be constructed using methods and practices that minimize flood damage;
7. Be constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding;
8. Be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs to meet this requirement
must either be certified by a registered professional engineer or architect, or meet
or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall
be provided;
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b. The bottom of all openings shall be no higher than one foot above grade;
c. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of
floodwaters. (Ord. 2004-01, 9-28-2004).
b. Nonresidential Construction
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor (including basement) elevated
to one foot above the level of the base flood elevation, or, together with attendant utility
and sanitary facilities, must:
i. Be flood-proofed so that below the base flood elevation the structure is watertight with
walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
iii. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting the provisions of this paragraph. Such certifications shall be provided to the
official as set forth in Section 3.06.05.3.c.ii.
Section 3.05.07. Penalties for Noncompliance.
1. 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
action and/or criminal penalty. The maximum penalty for violation of this Zoning Ordinance
shall be five hundred dollars ($500.00). In addition, the violator shall pay all costs and
expenses involved in the case. Each and every day that such violation continues after
notification shall constitute a separate offense. All fines for violation shall be paid to the
Finance Office 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 to be in violation of this ordinance and shall be subject to 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.
2. 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, the appropriate authorities of Brookings 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 of these regulations,
and it is the duty of the State's Attorney to institute such action.
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CHAPTER 3.06. AQUIFER PROTECTION.
Aquifer Protection Overlay District.
Section 3.06.01. Purpose:
1. The purpose of this ordinance is to preserve the water quality of the Big Sioux Aquifer within
the Joint Jurisdiction Area, protecting the development and use of land in a manner that will
positively affect the quality of water within the areas designated as Aquifer Secondary Impact
Areas, and to prevent any use that would affect the water quality within the Aquifer Critical
Impact Areas associated with the public wells that supply the City of Brookings.
2. The City of Brookings and Brookings County Planning Commissions, Brookings City Council,
and Brookings Board of County Commissioners recognize (1) that residents of Brookings
County rely exclusively on ground water for a safe drinking water supply and (2) that certain
land uses in Brookings County can contaminate ground water, particularly in shallow/surficial
aquifers.
3. The purpose of the Aquifer Protection Overlay District is to protect public water supply, health
and safety by minimizing contamination of the shallow/surficial aquifers of Brookings County.
It is the intent to accomplish this, as much as possible, by public education and securing public
cooperation.
4. 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. It is not the intent to
grandfather in existing land uses which pose a serious threat to public health through potential
contamination of public water supply wellhead areas.
Section 3.06.02. Reserved.
Section 3.06.03. Establishment and Delineation of Aquifer Protection Overlay Zones.
1. Boundaries for the aquifer protection zones for the Aquifer Protection Overlay District are
shown on published maps entitled "Wellhead Protection Area Maps, Brookings County
Shallow Aquifer Map" dated May, 1988, with pages 5 and 9 amended in January of 1999, as
drawn by Banner Associates. Said maps are hereby adopted by reference as part of this
ordinance as if the maps were fully described herein. In addition to the previously mentioned
maps the South Dakota Department of Environment and Natural Resources, Division of
Financial and Technical Assistance, Geological Survey Aquifer Materials Map 19, dated 2004,
for areas designated 0-50 feet on the 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, the map showing the larger aquifer area shall be followed. (Ord. 2006-02, 3-28-
2006).
2. The shallow/surficial aquifer boundary was mapped using data from the South Dakota
Geological Survey and United States Geological Survey. This map only serves as a general
guide to the location of these aquifers. County studies and other information shall be used,
where available, to better determine more precise aquifer locations. Aquifer boundaries are
drawn at the discretion of geologists and hydrologists based on best available information.
Therefore, actual site specific aquifer boundaries may differ from the attached map and other
information. Hydrogeologic information is necessary to verify the location of a concentrated
animal feeding operation in relation to an underlying shallow aquifer.
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Section 3.06.04. Zone A - Aquifer Critical Impact Zone.
Zone A, the Wellhead Protection Area, is the zone of contribution mapped around all public water
supply wells or well fields, and includes land upgradient to the ten year time of travel boundary
plus contributing drainage areas, as delineated on the official copy of published maps
representing sloping, adjacent lands not underlain by the aquifer from which surface water can
flow directly onto Zone A.
Section 3.06.04.01. Permitted Uses in Zone A.
The following uses are permitted provided they meet appropriate performance standards
outlined for aquifer protection overlay zones:
1. Agricultural activities, excluding structures and Concentrated Animal Feeding Operations;
2. Signs;
3. Accessory structures equal to or less than 120 square feet in area.
Section 3.06.04.02. Conditional Uses in Zone A.
In Zone A of the Aquifer Protection District, each structure requires a conditional use permit. The
following uses are permitted only under the terms of a Conditional Use, and must conform to
provisions of the underlying zoning district and meet the Performance Standards outlined for the
Aquifer Protection Overlay Zones.
1. Public utility and public service structures and pumping stations;
2. Orchards and tree farms;
3. Reconstruction or additions to structures in existence on the date of adoption of this Joint
Jurisdiction Ordinance, provided application is made within one year of removal or destruction
of the structure;
4. Accessory structures greater than 120 square feet in area;
5. Grain Bins.
Section 3.06.04.03. Prohibited Uses in Zone A.
The following uses are expressly prohibited in Zone A:
1. Any use not listed as a "Permitted Use" or"Conditional Use" in the underlying district;
2. Any use not listed as a "Permitted" or"Conditional Use" in Zone A;
3. Existing farmstead exemptions.
Section 3.06.04.04. Performance Standards in Zone A.
The following standards shall apply to land uses in Zone A of the Aquifer Protection Overlay
District:
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1. New or replacement septic tanks are prohibited in Zone A. Sanitary Sewer shall be
accommodated by means of a central sanitary sewer collection system or sealed holding tank.
2. Chemigation is prohibited in Zone A.
3. Storage of petroleum products in quantities exceeding fifty-five (55) gallons at one locality in
one tank or series of tanks must be in elevated tanks; such tanks must have a secondary
containment system where it is deemed necessary by the County Zoning office.
4. Accessory structures (not to include grain bins) in excess of 120 square feet in area shall have
"finished" floors with concrete or similar material and floor drains with traps to collect and
dispose of fluids.
5. Discharge of industrial process water on site is prohibited.
6. Since it is known that improperly abandoned wells can become a direct conduit for
contamination of ground water by surface water, all abandoned wells must be plugged in
conformance with South Dakota Well Construction Standards, Chapter 74:02:04:67-70.
7. No structures may be constructed in Zone A unless specifically allowed by Permitted or
Conditional Use.
Section 3.06.05. Zone B - Aquifer Secondary Impact Zones.
Zone B is established as the remainder of the mapped shallow/ surficial aquifer not included in
Zone A.
This portion of the aquifer is being protected because (1) it is a valuable natural resource for future
development, (2) it provides drinking water supply for individual households, (3) contamination is
not justified, even though this area is not a public water supply wellhead and (4) contaminants
could eventually reach Zone A.
Section 3.06.05.01. Permitted Uses in Zone B.
1. All uses listed as Permitted Uses in the underlying zoning districts provided that they meet the
Performance Standards as outlined for the Aquifer Protection Overlay Zones unless listed as
a Conditional Use or Prohibited Use in Sections 3.07.05.02 or 3.07.05.03.
Section 3.06.05.02. Conditional Uses in Zone B.
1. A cumulative expansion of 250 animal units of existing Class D CAFO's in continuous
operation since the adoption of Brookings County Zoning Ordinance on May 1976 not to
exceed five hundred (500) total animal units. (Class C).
2. Sediment storage basin meeting Natural Resource Conservation Service (NRCS) standards.
See Section 3.07.06.3.
3. All Conditional Uses allowed in underlying districts may be approved by the County
Commission provided they meet Performance Standards outlined for the Aquifer Protection
Overlay Zones.
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Section 3.06.05.03. Prohibited Uses in Zone B.
The following uses are expressly prohibited in Zone B:
1. New Concentrated Animal Feeding Operations of any size.
2. Any use not listed as a "Permitted Use" or"Conditional Use" in the underlying zoning district.
Section 3.06.05.04. Performance Standards in Zone B.
The following standards shall apply to land uses in Zone B of the Aquifer Protection Overlay
District-
1. New or replacement septic tanks and associated drain fields for containment of human or
animal wastes must conform with regulations established by the State Department of
Environment and Natural Resources.
2. Any facility involving the collection, handling, manufacture, use, storage, transfer or disposal
of any solid or liquid material or wastes, except for spreading of manure, in excess of 1000
pounds and/or 100 gallons, which has the potential to contaminate ground water must have a
secondary containment system which is easily inspected, and whose purpose is to intercept
any leak or discharge from the primary containment vessel or structure. Underground tanks
or buried pipes carrying such materials must have double walls and inspectable sumps. Pipes
installed to carry diluted chemicals for chemigation are exempted, and storage of liquid
fertilizer for chemigation is allowed as long as a secondary containment system is used.
Secondary containment for tanks used for chemigation must have been in place by April 1,
1991.
3. Open liquid waste ponds containing materials referred to in Subsection (2) immediately above
will not be permitted without a secondary containment system, except for community
wastewater lagoons. Agricultural waste storage ponds are permitted but must be constructed
in conformance with Natural Resource Conservation Service, South Dakota Engineering
Standard, Waste Storage Ponds 425.
4. Storage of petroleum products in quantities exceeding fifty-five (55) gallons at one location in
one tank or series of tanks must be in elevated tanks; such tanks must have a secondary
containment system as described in Subsection (2) above where it is deemed necessary by
the County Zoning office.
5. Discharge of industrial process water on site is prohibited without County Zoning office
approval. County approval is contingent on the issuance of a State permit from South Dakota
Department Agriculture and Natural Resources.
6. Auto service, repair or painting facilities and junk or salvage yards in Zone B 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.
7. An acceptable contingency plan for all permitted facilities must be prepared and on file in the
County Zoning Office for preventing hazardous materials from contaminating the
shallow/surficial aquifer should floods, fire and other natural catastrophes or equipment failure
occur:
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a. For flood control, all underground facilities shall include, but not be limited to, a monitoring
system and secondary standpipe above the 100-year flood control level, for monitoring
and recovery. For above-ground facilities, an impervious dike, above the 100 year flood
level and capable of containing One Hundred percent (100%) of the largest volume of
storage, shall be provided, with an overflow recovery catchments area (sump).
b. For fire control, plans shall include but not be limited to a safe firefighting procedure, a fire
retardant system and shall provide for safe procedures to address 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, plans shall include but not be limited to:
Below ground level, removal and replacement of leaking parts, a leak detection system
with monitoring, and an overfill protection system. Above ground level, liquid and leaching
monitoring of primary containment systems, their replacement or repair and cleanup
and/or repair of the impervious surface.
d. For any other naturally occurring or other disasters caused by man, the owner and/or
operator shall report all incidents involving liquid or chemical material which could
endanger the health and/or safety of either disaster personnel and/or the public in general.
e. Agricultural operations are exempted from this section unless they store chemicals that
are on the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III)
extremely hazardous substance list and are over the threshold planning quantity at any
one time. (See Appendix 3).
f. The County Zoning Office, DANR and public water supply officials must be informed within
24 hours of all leaks and spills of materials that might potentially contaminate ground
water.
8. Since it is known that improperly abandoned wells can become a direct conduit for
contamination of ground water by surface water, all abandoned wells must be plugged in
conformance with South Dakota Well Construction Standards, Chapter 74:02:04:67-70.
Section 3.06.06. Reserved.
Section 3.06.07. Prohibited Accessory Uses.
The following uses may be considered accessory to certain "Permitted" and "Conditional" Uses
which do not require permits in the underlying zoning districts, however they are hereby prohibited
in the Aquifer Protection District(s). The following uses are prohibited in the Aquifer Protection
District ("Zone A" or "Zone B") referenced after the use. If no district is referenced after the use,
the use is prohibited in both districts.
1. Earthen storage basins and lagoons.
2. Post-harvest application of nitrogen fertilizer after October 15'h (both Zone A and Zone B)
except for the spreading of manure (allowed only in Zone B).
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3. Land spreading or dumping of petroleum-contaminated soil, waste oil or industrial wastes.
4. Class V injection wells.
5. Transmission facilities designated to transport liquid hydrocarbons or liquid hydrocarbon
products.
6. Disposal of or stockpiling of solid waste.
7. Storage of road salt or disposal of snow containing deicing chemicals.
8. Open burning and detonation sites.
Section 3.06.08. Grant of Permit. Alteration of Use.
Any use or structure upon property in any Aquifer Protection District for which a permit is required
will be issued by the County Zoning Officer after examination of the application and determination
that the proposed use, activity or development meets the performance standards of this
ordinance.
In securing a use permit, the owner/developer must also make future improvements which may
become necessary to prevent contamination of shallow/surficial aquifers, and the
owner/developer must allow County personnel to inspect any improvements to verify they meet
the performance standards of this ordinance.
Whenever any person (the "applicant") has obtained a permit and thereafter desires alteration of
the authorized use, such person shall apply for a new permit. The applicant may appeal a County
Zoning Officer's decision to modify or deny a requested permit to the Joint City/County Board of
Adjustment.
Section 3.07.09. Exceptions.
1. Any lawful use in existence on the effective date of this ordinance shall be permitted to
continue provided it can be shown such use does not threaten public health and safety by
potential contamination of water in the shallow/surficial aquifers. Any proposed additions,
changes or improvements requires a permit.
2. Storage of liquids and chemicals used in agricultural operations during spring/fall planting and
crop cultivation are exempt from the requirements of this ordinance from April 1 to October 1.
Tanks used for chemigation are not exempt. The use of Best Management Practices are
encouraged, particularly in Zone A.
3. Storage of liquid or dry fertilizer in amounts equal to or less than 1,000 pounds or 100 gallons,
stored indoors by each farm operator are exempt from the requirements of this ordinance.
Section 3.07.10. Limitation of County Liability.
Nothing in this ordinance shall be construed to imply that Brookings County or the City of
Brookings, by issuing a permit, has accepted any of an owner/developer's liability if a permitted
development contaminates water in shallow/surficial aquifers.
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Section 3.07.11. Underlying Zones.
The underlying zoning requirements apply at all times along with restrictions set forth in the
Aquifer Protection Overlay District.
CHAPTER 3.07. "TR" TRANSMISSION PIPELINE (RISK REDUCTION) OVERLAY
DISTRICT.
Regulations in the "TR" Transmission Pipeline (risk reduction) Overlay District shall be
administered in accordance with the Transmission Pipeline Risk Reduction Overlay District
(Adopted by Brookings County on November 17, 2009) of the Brookings County Zoning
Ordinance (as amended).
ARTICLE IV
ADMINISTRATION AND ENFORCEMENT
CHAPTER 4.01. APPLICABILITY.
1. The Agricultural District of the City of Brookings/Brookings County Joint Jurisdiction Area shall
be administered in accordance with the regulations for Administration in Article VI of the
Brookings County Zoning Ordinance (as amended) unless such section is in direct conflict
with this Article. If the Joint Jurisdiction Zoning Ordinance conflicts with Article VI of the
Brookings County Zoning Ordinance (as amended) the provisions of this ordinance shall
govern unless otherwise stated. The provisions of this Ordinance pertaining to the Agricultural
District shall be enforced by the Brookings County States Attorney.
2. Except Chapter 4.04 (Zoning Amendments, below), any property with a zoning designation
other than Agricultural shall be administered in accordance with the Administrative provisions
of the Official Zoning Ordinance of the City of Brookings, as amended. Building permits and
any questions regarding land use regulation on property with a zoning designation other than
Agricultural shall be directed to the City of Brookings Community Development Department.
The provisions of this Ordinance pertaining to property with a zoning designation other than
Agricultural shall be enforced by the Brookings City Attorney.
CHAPTER 4.02. PLANNING COMMISSION.
Section 4.02.01. Establishment.
For the purposes of this ordinance, the Planning Commissions of the County of Brookings and
City of Brookings shall consist of both the Brookings County Planning Commission and City of
Brookings Planning Commission.
Section 4.02.02. Meetings of the Planning Commission.
The Planning Commissions shall meet jointly at such times as may be necessary to accomplish
their duties under this ordinance.
CHAPTER 4.03. BOARD OF ADJUSTMENT.
Section 4.03.01 Establishment.
There shall be established a joint Board of Adjustment, which is referred to herein as the joint
Jurisdiction Board of Adjustment. The membership of the Joint Board of Adjustment shall consist
of one (1) County Commissioner, two (2) members of the Brookings County Planning
51
Commission, one (1) member of the City of Brookings Planning Commission, and one(1) member
of the Brookings City Council. The Board of Brookings County Commissioners and the Brookings
City Council may further appoint alternates to the Joint Board of Adjustment in the event a Board
member is unable to participate in a meeting. Alternates to the Joint Board of Adjustment shall be
appointed by the Brookings County Commissioners to participate in place of any County
appointee, and alternates shall be appointed by the Brookings City Council to participate in place
of any City appointee.
Section 4.03.02. Procedures for Meetings.
1. The Joint Board of Adjustment shall meet at the regularly scheduled meetings of the County
Planning Commission when there are Agenda items to address. Special meetings may be
held at the call of the Chairperson. All meetings of the Joint Board of Adjustment shall be open
to the public, and all business coming before the Board shall be transacted at such meetings.
The Chairperson, or in their absence, the acting Chairperson, may administer oaths and
compel the attendance of witnesses.
2. The Joint Board of Adjustment shall adopt rules and keep minutes of its proceedings and
other official actions, all of which shall be filed in the office of the County Zoning Officer, and
shall be a public record. The Joint 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 4.03.03. Powers and Duties of the Joint Board of Adjustment.
1. The Joint Board of Adjustment shall have the following powers and duties:
a. Administrative Review. To hear and decide cases where it is alleged by the aggrieved
party that there is error in any order, requirement, decision or determination made by the
County Zoning Officer or other administrative officers in the enforcement of any provision
of this Ordinance, and/or interpretation of the Official Joint Jurisdiction Zoning Map.
b. Issuance of Conditional Use Permits/Special Questions. To hear and decide applications
for conditional uses that are specified in this Ordinance, and to address special questions
upon which the Board of Adjustment is specifically authorized to decide.
c. Granting of Variances. To hear and decide, upon appeal in specific cases, such variance
from the terms of the ordinance which will not be contrary to the public interest, if, owing
to special conditions, a literal enforcement of the provisions of this ordinance will result in
unnecessary hardship, and so that the spirit of this ordinance is observed and substantial
justice is done.
2. The Board of Adjustment shall operate in accordance with the powers, duties, and procedures
set forth in Article VI (as amended) of the Brookings County Zoning Ordinance.
Section 4.03.04. Reapplication.
No application requesting an administrative appeal, variance, or conditional use on any property
whose application includes any such property, either entirely or substantially the same as that
which has been denied by the Joint Board of Adjustment, shall again be considered by the Joint
Board of Adjustment before the expiration of six (6) months from the date of the final action of the
Joint Board of Adjustment.
52
CHAPTER 4.04. ZONING AMENDMENTS.
Section 4.04.01. Procedures for Zoning Amendments.
1. Whenever the public necessity, safety or general welfare or good zoning practices justifies
such action, and after consideration and recommendation by the Planning Commissions, as
provided herein, the Board of County Commissioners and Brookings City Council 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 in the following
manner:
a. The Board of County Commissioners or the City Council of the City of Brookings may
direct the respective Planning Commissions to consider a change of zoning district
boundaries or regulations; or
b. The City or County Planning Commissions may initiate a proposed change of zoning
district boundaries or regulations; or
c. One (1) or more of the owners of property within the area which is the subject of the
proposed amendment may present a request to change the zoning district boundaries; or
d. In accordance with SDCL 11-2-28, initiated petitions specifying and requesting
amendments to the regulations of this ordinance, containing signatures of twenty (20)
percent of the landowners in the zoning district or districts may be presented to the Zoning
Official.
2. Unless otherwise provided in these regulations, any change in these regulations, shall require
the Board of County Commissioners and Brookings City Council approval of an ordinance
providing said proposed amendment. The Board of County Commissioners and Brookings
City Council may not consider said ordinance until the respective Planning Commissions have
delivered their recommendations to either approve or not approve the proposed amendment.
3. The following procedure to request a Zoning Amendment or Zoning District Boundary Change
shall be followed:
a. A landowner or other person(s) requesting the Amendment/Boundary change shall
complete an application, available from the County Zoning Officer. Completed applications
shall be returned to the County Zoning Officer for review. To be considered by the Planning
Commissions and Board of County Commissioners and Brookings City Council, the
application form shall be completed and accompanied by the following items:
i. Any required attachments and fees, including fees for Certified Mail;
ii. Any additional information, as requested by the County Zoning Officer, as may be
lawfully required to properly process the application.
b. The County Zoning Officer shall review the application, and shall forward a summary of
the application, and their comments regarding said application, to each of the Planning
Commissions for their review.
c. The respective Planning Commissions shall conduct a joint public hearing for each
application which has been processed and forwarded by the County Zoning Officer as
53
provided in this ordinance. The County Zoning Officer shall cause to be published a notice
in the legal newspaper of the City of Brookings, fourteen (14)days prior to each respective
public hearing, of the time and place of the public hearing. If the proposed amendment will
change the boundaries of a zoning district, the Zoning Officer shall notify all owners of
property within two hundred fifty (250) feet of the proposed boundary change by Certified
Mail at the expense of the applicant, at least fourteen (14) days before the public hearing
of the Planning Commissions.
d. Any person may appear in person, or by agent or attorney at the public hearing and
provide testimony. Minutes of the public hearing shall be taken and kept in the records of
the Planning Commissions. At a joint meeting, the Planning Commissions shall either
recommend approval or denial of the proposed amendments to their respective governing
bodies.
e. The Board of County Commissioners and the City Council shall review the decisions and
recommendations of their respective Planning Commissions on all applications coming
before them as provided in these regulations. At a joint meeting, the Board of County
Commissioners and the City Council must each vote in favor of the proposed action before
any changes or modifications are made to this ordinance, or to the Official Joint
Jurisdiction Zoning Map.
f. Twenty (20) days after publication of the Board of County Commissioners' and the City
Council's approval, a zoning ordinance amendment or zoning district boundary change or
classification change shall take effect unless the referendum be invoked, or unless a
written protest is filed with the County Finance Officer, signed by at least forty (40) percent
of the owners of equity in the lots or parcels located within two hundred fifty (250) feet
from any part of such proposed district. A corporation shall be construed to be a sole
owner. When parcels of land are in the name of more than one person, ownership
representation shall be in proportion to the number of signers who join in the petition in
relation to the number of owners. If a protest is filed, the ordinance shall not become
effective unless the ordinance is approved by a vote of two-thirds (2/3) of the Board of
County Commissioners and a vote of two-thirds (2/3) of the City Council.
Section 4.04.02. Reapplication.
No application requesting a zoning ordinance amendment or district classification change on any
property whose application includes any such property either entirely or substantially the same
as that which has been denied by the or Board of County Commissioners/City Council (Zoning
Amendments, Zoning District Boundary Changes), shall again be considered by the Planning
Commission or Board of County Commissioners/City Council before the expiration of six (6)
months from the date of the final action of the Planning Commission, or Board of County
Commissioners/City of Brookings.
ARTICLE V
SUPPLEMENTAL REQUIREMENTS FOR AGRICULTURAL DISTRICTS
CHAPTER 5.01. APPLICABILITY.
Pursuant to the purposes of this Regulation are certain general requirements that apply to
property in the Agricultural Districts but are not provided for under Article III District Regulations.
These requirements are set forth in this Article. General requirements for property with residential,
commercial, or industrial zoning designations shall be regulated solely by the Official Zoning
54
Ordinance of the City of Brookings, as amended, and such regulations shall supersede any
conflicting regulations, except regulations pertaining to property with an Agricultural zoning
designation.
CHAPTER 5.02. VISION CLEARANCE ON CORNER LOTS.
On any corner lot in any zoning district, no planting, structure or obstruction to vision shall be
placed or maintained within the triangular area formed by the intersection of the streets and a
straight line connecting points on said road right-of-way line, each of which is one hundred (100)
feet from the point of intersection (Clear View Triangle).
Clear View Triangle Illustration.
d
center A tote sect�5tty,f �.
w
3 ,
is
�--4Mer View Tr4fgle
CHAPTER 5.03. PERMANENT FOUNDATIONS REQUIRED FOR DWELLINGS.
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 as defined herein.
CHAPTER 5.04. UTILITY EASEMENTS.
No building or addition thereto shall be erected over or across any existing public utility or upon
any easement shown on a recorded plat.
CHAPTER 5.05. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.
Provided that yard and other requirements are met, only one (1) structure housing a permitted
or permissible principal use may be erected on a single lot.
CHAPTER 5.06. STRUCTURES TO HAVE ACCESS.
Every building hereafter erected or moved onto a lot shall be located on a lot with access to a
public street or with access to private streets approved by the Board of Adjustment, and all
structures shall be located on lots so as to provide safe and convenient access for services, fire
protection and required off-street parking.
55
CHAPTER 5.07. 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 residential and commercial uses requiring sanitary sewer/septic services shall be
connected to a wastewater treatment system in accordance with the following:
a. Residential and commercial uses on lots containing less than twenty thousand (20,000)
square feet shall be connected to a sealed holding tank or an approved sanitary sewer
district sewer system. Existing septic tanks and drain fields which are located as of the
effective date of this ordinance on lots with an area of less than twenty thousand (20,000)
square feet are considered nonconforming uses and may only be replaced by connection
to an approved sanitary sewer district sewer system or a sealed holding tank.
b. Septic systems are required to be installed for homes on all lots containing twenty
thousand (20,000) square feet or more, unless the property is connected to an approved
sanitary sewer district sewer system.
c. All septic systems are required to be installed by a South Dakota Department of
Environment and Natural Resources (SD DENR) certified installer following South Dakota
Administrative Rules Chapter 74:53.
CHAPTER 5.08. REFUSE.
Refuse (rubbish, garbage, trash, wastes, or debris) shall be kept within a completely enclosed
building or specially-designed closed container made for such purpose. Owners of vacant lots are
required to keep their property free of trash.
CHAPTER 5.09. MANUFACTURED HOME REGULATIONS.
Section 5.09.01 — Manufactured/Mobile Homes.
1. A manufactured home is a building unit constructed on a chassis for towing to the point of use
and designed to be used for continuous year-round occupancy as a single dwelling. The
definition of a manufactured home excludes motorhomes, campers and other camping units.
Placement of any manufactured, mobile or modular home upon any lot requires the issuance
of a building permit from the County Zoning Official.
2. Residences:
a. A new residence to be used for a first occupancy, constructed off the property and moved
to the location of the lot shall not require adjoining landowner's approval for the issuance
of a building permit.
b. The County Zoning Officer may issue a building permit for a previously occupied residence
to be moved into an appropriate district when the application is accompanied by the written
consent of one hundred percent (100%) of the adjoining landowners and one hundred
percent (100%) of the landowners within two hundred (200) feet.
c. In the absence of the consent of all adjoining landowners as described above, the Joint
Board of Adjustment, by a 2/3 majority vote, may authorize the issuance of a building
56
permit for the moving in of a previously occupied residence after a public hearing. Notice
of the hearing shall be provided in writing at least fourteen (14) days prior to the hearing
to all adjoining landowners, and to all landowners within two hundred (200) feet of the
property. In determining whether or not to authorize the permit, the Board shall consider
the following: Whether or not the proposed residence is consistent in character with the
other residences in the area.
3. All manufactured/mobile homes, regardless of location, shall be tied down as prescribed by
the regulation entitled Protecting Manufactured Homes from High Winds, TR75, issued July
1986, by the Federal Emergency Management Agency.
4. All manufactured/mobile homes shall have skirting around the perimeter of the home.
5. All manufactured/mobile homes, must have been constructed after June 15, 1976.
6. Replacement of Nonconforming Homes.
Upon application to the Zoning Officer and following approval thereof, a manufactured/mobile
home, located upon any lot or lots of record at the time of the adoption of this ordinance which
are deemed to be a legal nonconforming use, may be replaced with a manufactured/mobile
home meeting the constructed date requirement set forth in Section 5.09.01.5.
7. Variance from Maximum Age Requirement
Manufactured/mobile homes are eligible to receive a variance from the maximum age
requirement. The Board of Adjustment may grant a variance if the manufactured home meets
the following requirements:
A. The applicant shall provide a photograph of the manufactured/mobile home's exterior and
interior.
B. It is shown to the satisfaction of the Zoning Officer that the manufactured home complies
with the gas, plumbing, electrical, and construction requirements of Brookings County.
CHAPTER 5.10. YARDS.
Section 5.10.01. Yards, Reduction in Size.
No yard or lot existing at the time of adoption 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 or exceed the minimum requirements established by this
ordinance.
Section 5.10.02. Additional Yard Requirements.
In the case of a lot abutting more than one street, each yard abutting each street shall be
considered a front yard.
Section 5.10.03. Exceptions to Yard Requirements.
The following exceptions may be made to the yard requirements in all Districts:
57
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.
CHAPTER 5.11. ACCESSORY BUILDINGS.
1. Only specifically authorized accessory uses are allowed.Accessory uses must be subordinate
to the principal use.
2. No accessory use shall be permitted in any district unless the principal 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 setback yard, and no separate accessory
building shall be erected within ten (10) feet of any other building.
CHAPTER 5.12 SIGNS.
Section 5.12.01 Prohibited Signs.
1. No sign shall be erected or maintained which creates a hazard due to collapse, fire, collision,
decay, or abandonment; or creates traffic hazards, by either:
a. Confusing or distracting motorists; or
b. Impairing the driver's ability to see pedestrians, obstacles or other vehicles; or
c. Impairing the driver's ability to see and interpret any official traffic sign, signal or device;
or
d. Creates a nuisance to persons using a public right-of-way; or
e. Constitutes a nuisance to occupancy of adjacent and contiguous property by its
brightness, size, height or movement.
Section 5.12.02 Permitted Signs.
1. Signs shall be permitted in zoning districts, subject to the following provisions:
a. Wall signs may be located anywhere on the wall of a building.
b. Signs shall not project over public property.
c. Signs shall not be erected adjacent to a corner of two (2) intersecting streets, unless such
signs are constructed to not obstruct the view of said intersection. See Chapter 5.01.
d. Each sign located in the County shall at least meet the standards established by the South
Dakota Department of Transportation with respect to size, lighting and location.
e. Other than utility fixtures or holiday decorations, no signs, awnings, or displays shall be
suspended, hanged, or placed so that the same shall hang over any part of a street or
sidewalk which is used for vehicular or pedestrian travel unless a written application for a
58
permit is made to the Zoning official and the said official grants a permit therefor.
f. The Zoning official shall take into consideration factors that would make the proposed sign
likely to endanger the property or personal safety of passersby traveling the streets or
sidewalks in question, and whether or not such sign complies with codes relating to
outdoor advertising.
g. All signs are considered structures and require a building permit.
2. Signs in the Agricultural Zoning District: Freestanding and wall signs erected in the Agricultural
Zoning District shall be constructed in accordance with the building permit issued for the sign
and, unless specified elsewhere in this ordinance, shall conform to Table 5.12.02.2.
a. The sign structure or sign shall have a maximum height of thirty (30) feet. The 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.
b. Each sign shall be constructed in accordance with minimum setback requirements of the
applicable district, except that a sign may be constructed in any location in the front yard
provided it shall not be closer than ten (10) feet from any street right-of-way and shall
comply with all other requirements of this Chapter.
Table 5.12.02.2
Area Number of signs allowed per lot.
d*acent Adoacent
o Ad4acent d*acent to to Adqacent Adqacent to
L7in7peownship o CountV State or Township to CountV State or
Ri ht-of- Right-of- Federal Right- Right-of- Right-of- Federal Right-
way Wa of-Wa Way Way of-Wa
Freestanding 32 Square Feet 1
Wall
Temporary 132 Square Feet N/A
3. Temporary Signs: Any sign placed on a lot for less than one hundred eighty (180) days shall
be considered a temporary sign. Temporary signs may be placed without obtaining a building
permit and shall be regulated as follows:
a. Temporary signs may not be placed in any right-of-way.
b. Temporary signs shall not be erected adjacent to a corner of two (2) intersecting streets,
unless such signs are constructed to not obstruct the view of said intersection. See
Chapter 5.01.
c. Temporary signs in the Agricultural District shall not exceed thirty-two (32) square feet of
sign area.
4. Electronic Message Centers (EMC): Electronic message centers shall be subject to all
59
applicable restrictions within this chapter, including, but not limited to, area, height and
placement, as well as the following conditions:
a. Electronic message center (EMC) displays shall be limited to displays which have gradual
movements, including, but not limited to, dissolving, fading, scrolling, or traveling.
However, sudden movements are prohibited, including, but not limited to, blinking and
flashing.
b. Any permitted signs may be electronic message signs or may include, as an individual
component of the total sign area, electronic message signs.
CHAPTER 5.13. MOVED IN BUILDINGS.
1. Any building to be moved onto a lot requires a building permit. The Zoning 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 applicable fee for a building permit has been paid.
b. The applicant agrees that the work is to be completed within eighteen (18) months after
the permit has been issued by the Zoning Officer.
c. The County Zoning Officer may issue a building permit for a previously occupied residence
to be moved into an appropriate district when the application is accompanied by the written
consent of one hundred percent (100%) of the landowners within two hundred (200) feet.
d. 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 except 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 Zoning
official shall have the power to deny the issuance of a moving permit on the grounds that
the intended use of the structure or location thereof is contrary to the provisions of this
ordinance.
CHAPTER 5.14. SHELTERBELT SETBACK REQUIREMENTS.
1. Trees used for landscaping the area immediately adjacent to farmsteads and residences are
exempt from the following regulations.
2. Unless otherwise permitted in accordance with the requirements of Chapter 5.08.05,
shelterbelts, consisting of one (1) or more rows shall be placed as follows:
a. When planted parallel to a right-of-way or property line, shelterbelts shall be placed not
less than one hundred (100) feet from the respective road right-of-way or property line.
b. When planted at right angles to a right-of-way or property line, shelterbelts shall be placed
not less than fifty (50) feet from the respective road right-of-way or property line.
c. Vision clearance on corner lots. On any corner lot in any zoning district, no planting,
structure or obstruction to vision shall be placed or maintained within the triangular area
formed by the intersection road right-of-way lines and a straight line connecting points on
60
said road right-of-way line, each of which is one hundred (100) feet distant from the point
of intersection (Clear View Triangle).
3. The shelterbelt setback requirements (paragraph 2) also apply to volunteer trees that the
landowner allows to grow.
4. A recommendation from the applicable road authority 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.
5. Exception to Shelterbelt Setbacks as permitted in the Agricultural District in accordance with
Section 3.04.01.10.
a. When planted parallel to an adjoining property line, shelterbelts may be planted less than
one hundred (100') feet from adjacent and abutting property lines (side and rear yards)
with written permission from one hundred percent(100%)of the affected adjacent property
owner(s).
b. When planted at a right angle to an adjoining property line, shelterbelts may be planted
less than fifty (50') feet from adjacent and abutting property lines (side and rear yards)
with written permission from one hundred percent(100%)of the affected adjacent property
owner(s).
c. Shelterbelts may be planted not less than fifty (50) feet from the affected right-of-way
provided written consent of the applicable road authority specifying the location, type,
spacing, and number of trees authorized. This requirement does not restrict the applicable
road authority from requiring supplemental agreements for maintenance of the affected
right-of-way or proposed trees.
CHAPTER 5.15. EXISTING FARMSTEAD EXEMPTIONS.
Section 5.15.01 Existing Farmsteads.
1. Existing Farmsteads shall include a dwelling still in use or which has been used in the past as
a base for normal farming operations which has been occupied by the owner or tenant within
the last three (3) years, and shall have existed on the site for at least ten (10) years.
2. Existing Farmsteads shall include sites meeting the following criterion:
A. Evidence that the proposed site was once used for human habitation within the last fifty
(50) years. This may be determined by existence of buildings/foundations, tax records,
or sworn affidavit.
B. Evidence that the proposed site was used as a farmstead supporting normal farming
operations prior to May 14, 1976.
Section 5.15.02 Existing Farmstead Exemption "A" as a Permitted Use.
The Zoning official may, in accordance with Section 3.04.01.11, permit a use authorizing two
single family dwellings on a single lot in the"A"Agricultural District under the following conditions:
1. Where a permit for an additional single-family farm dwelling is requested on an existing
61
farmstead as defined herein, provided:
a. The lot is not in Zone A of the Aquifer Protection District.
b. The dwelling is located on the same legal description as the existing farmstead consisting
of at least thirty-five (35) acres.
c. The maximum number of dwelling units within the existing farmstead shall not exceed two (2).
d. The additional single family residence is a manufactured home.
e. The dwelling is occupied by employees or relatives of the farm owner.
f. The applicant agrees the additional single-family farm dwelling will be removed within
ninety (90) days in the event the structure is no longer occupied by qualified occupants.
Section 5.15.03 Existing Farmstead Exemption "B" as a Permitted Use.
The Zoning Officer may, in accordance with Section 3.04.01.12, permit a use authorizing the
construction of one (1) single family residence on a lot containing less than thirty-five (35) acres
in the "A"Agricultural District under the following conditions:
1. An existing farmstead, as defined herein, is to be divided from adjacent farmland into a single
separate parcel. See Figure 5.15.03.
2. The lot is not in Zone A of the Aquifer Protection District.
3. The proposed parcel shall consist of a lot of record (recorded in the office of the Register of
Deeds), or a lot as defined herein containing five (5) acres or more.
Figure 5.15.03
Existing Farmstead Exemption"B"
�_ier.o..w c.,mr.n,uom=_..mc.•-..q. ;rnv.m u..nn r.,.�roo«.u, on.,r„o.m in..
-
E.q.q
n,s..m.
y
9
62
Section 5.15.04 Existing Farmstead Exemption "C" as a Permitted Use.
The Zoning official may, in accordance with Section 3.04.01.13, permit a use authorizing the
construction of one (1) single family residence on a lot containing less than thirty-five (35) acres
in the "A"Agricultural District under the following conditions:
1. The lot, as defined herein, contains five (5) acres or more.
2. The lot is located in the same quarter-quarter section as an existing farmstead.
3. The lot is under the same ownership as the existing farmstead located in the same quarter-
quarter section at the time of creation.
4. The proposed new lot is not in Zone A of the Aquifer Protection District.
5. The applicant agrees to transfer the "Existing Farmstead Exemption" authorizing a minimum
five (5) acre lot from the location of the existing farmstead to the newly-created lot.
Figure 5.15.04
Existing Farmstead Exemption"C"
3. ... .a. ...... ............................
I
CHAPTER 5.16. FENCES.
Section 5.16.01. Permit required.
With the exception of the location of customary farm and animal fencing which is exempt from
the permitting requirements of this Section, all fences and walls shall require a building permit.
63
Section 5.16.02. Location/Construction Requirements.
1. Notwithstanding other provisions of this Ordinance, fences, walls, and hedges may be
permitted in any required yard. However, fences, walls, and hedges which are more than thirty
(30) percent solid shall not be located within fifty (50) feet of an intersection, as measured
along the property lines and connecting these two points by a straight line. Furthermore, the
fence, wall, or hedge shall not be constructed within twenty-five (25) feet of a public right-of-
way or private road.
2. Fences, with a maximum height of not more than eighty inches (80) inches, may be erected
on any part of a lot other than in the required front yard. Fences within the required front yard
shall be limited to a height of forty-eight (48) inches.
3. Brookings 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 from the property line. Fences may be built
on the property line when adjoining the public right-of-way. Exception: Fences may be built
on the property line when the adjoining property owners both sign the application and submit
an agreement to the Brookings County Zoning Office which addresses the location and future
maintenance of the fence.
5. Fences constructed within an identified easement may be required to be removed in the event
of necessary work conducted within the easement. Replacement of the removed fence is the
responsibility of the owner of the fence.
6. The "finished side" of the fence shall face neighboring properties or the road.
7. Approved fencing materials include stone, brick, wood, vinyl, and chain link. No barbed wire
fences, with the exception of fences for the purposes of customary farm and animal fencing,
or security fences approved by the Board of Adjustment as a conditional use, are permitted.
8. Hedges, or other plantings which create a fence effect, are subject to the same regulations as
fences.
CHAPTER 5.17 AGRICULTURAL TOURISM.
Section 5.17.01 Intent.
The purpose of this Chapter is to provide for uses which promote and maintain local farming
operations, are complimentary to agriculture, help maintain an agricultural heritage and rural
character, and help sustain the local farming community.
Section 5.17.02 Agricultural Tourism Uses.
Agricultural tourism uses include the following, and shall be regulated in accordance with this
ordinance:
1. A produce stand which is for the direct marketing of farm products.
A. Description.
64
Produce stand no greater than 400 square feet in building area.
B. Retail area.
In-season fruits and vegetables grown on the farm or from local growers may be sold
in the retail area of a produce stand.
C. No food concessions, special events or private events are allowed in conjunction with
produce stands.
2. Seasonal "Ll-pick" fruit and vegetable operations; holiday tree farms; and seasonal outdoor
mazes.
A. Retail area.
In-season products processed and created from plants or animals grown on the farm
or from local growers may be sold in the retail area.
B. Food Concessions.
Limited service for such items such as water, pop, coffee, snacks or baked goods is
permitted.
3. Wineries.
A. Description.
The retail and manufacturing premises of a winemaker operating as a Farm Winery
pursuant to SDCL Chapter 35-12.
B. Retail area.
The retail area is defined as a tasting room for sampling of wine and other beverages
made by the winery. Sales of bottles of wine, wine related items, such as glasses,
corkscrews, and coolers are permitted. Sales of business-related items such as t-
shirts, bags, caps, wine books and non-prepared foods are also permitted.
C. Food Concessions permitted.
Wineries will be allowed to provide limited food service on-site.
D. In the Agricultural District, a minimum of one (1) planted acre of crop or fruit used for
the processing, preparation, and/or manufacturing of wine shall be derived from the
agricultural use. The winery shall remain secondary to the principal use of the property
as a site for agricultural production. If the agricultural production on the site ceases,
the winery operation shall also cease.
65
4. Breweries and Distilleries.
A. Description.
The retail and manufacturing premises of a brewery or distillery pursuant to Chapter
35 of South Dakota Codified Laws.
B. Retail area.
The retail area consists of a tasting room for sampling of beer or liquor, and other
beverages made by the brewery or distillery. Sales of bottles of beer or liquor, and
beer or liquor-related items, such as t-shirts, bags, caps, brew books, and non-
prepared food are permitted.
C. Food Concessions.
Breweries and Distilleries will be allowed to offer limited food service on-site.
D. The brewery or distillery shall remain secondary to the principal use of the property as
a site for agricultural production. If the agricultural production on the site ceases, the
brewery or distillery shall also cease operation.
Section 5.17.03 Application Requirements.
An application for an agricultural tourism use, if required, shall be filed with the zoning official.
The application shall contain the following:
1. Name and address of the applicant.
2. Evidence that the applicant is the owner of the property involved or has written permission
of the owner to make such application.
3. A Site Plan.
A plot and development plan drawn in sufficient detail to clearly describe the following:
1. The physical dimensions and location of the property, existing structures, proposed
structures.
2. A detailed description of the activities that will occur on the property.
3. Any other information required to determine compliance with this ordinance.
4. Any event not described in the original application shall require a separate application and
permit.
Section 5.17.04. Parking.
1. 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.
2. All parking areas shall be located in such a manner to avoid traffic hazards associated
with entering and exiting the public roadway.
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Section 5.17.05. Signs.
1. Only one sign is permitted.
2. The sign shall not exceed 32 square feet in area.
CHAPTER 5.18. ANIMAL UNITS ON SMALL ACREAGES.
On parcels of land of five (5) acres or less, a maximum of two (2) animal units per acre will be
allowed. Designated concentrated animal feeding operations are excluded from this provision
and are regulated under Chapter 5.19.
CHAPTER 5.19. CONCENTRATED ANIMAL FEEDING OPERATIONS.
Section 5.19.01. Animal Units Equivalent to Animal Species.
Brookings County uses an animal unit equivalency ratio to determine the head count of a specific
animal species for the purpose of defining the specific class of a Concentrated Animal Feeding
Operation ("CAFO") by animal unit. The animal species equivalents are based upon a species'
manure production. The standards for determining an animal unit to animal head count
equivalency are derived from the Environmental Protection Agency and the State of South Dakota
General Permit. Table 5.19.01 details the classes of Concentrated Animal Feeding Operations
and the specific animal unit equivalency ratios. Note that the figures in Table 5.19.01 relate to the
inventory of animals rather than annual production.
Table 5.19.1
Number of Animals to Define Classes of Concentrated Animal Feeding Operations
("CAFO")
Class D CAFO Class E CAFO
Class C CAFO (up to 499 (up to 499 Animal Unit
Animal Species (500 to 999 Units—Water Units—No Equivalency
Units) Pollution Water Pollution Ratio
Hazard) Hazard)
Animal Animal Animal
numbers equal numbers equal numbers equal
to: o: o:
Cattle other than
mature dairy cows or 500 to 999 10 to 499 10 to 499 1.
veal calves'
Mature Dairy 350 to 699 10 to 349 10 to 349 1.4
Cattle(milked or dry)
Swine(weighing over 1,250 to 2,499 10 to 1,249 10 to 1,249 0.
55 Ibs)
Swine(weighing less 5,000 to 9,999 10 to 4,999 10 to 4,999 0.1
than 55 Ibs)
Horses 250 to 499 10 to 249 10 to 249 2.
Sheep,goats,or 5,000 to 9,999 10 to 4,999 10 to 4,999 0.1
Iambs
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Turkeys 27,778 to 54,999 10 to 27,777 10 to 27,777 0.01
Chickens,other than
laying hens using
other than liquid 62,500 to 124,999 10 to 62,499 10 to 62,499 .008
manure handling
system
Laying hens using 41,166 to 81,999 10 to 41,165 10 to 41,165 .0122
other than liquid
manure handling
system
Laying Hens & 15,000 to 29,999 10 to 14,999 10 to 14,999 .033
Broilers using liquid
manure
handling system
Ducks Using liquid 2,500 to 4,999 10 to 2,499 10 to 2,499
manure
0.2
Handling system
Ducks using other
than liquid manure 15,151 to 29,999 10 to 15,150 10 to 15,150 .03
handling system)
Geese 15,151 to 29,999 1 10 to 15,150 10 to 15,150 .03
1. Cattle includes, but is not limited to, heifers, steers, bulls and cow/calf pairs.
Section 5.19.02. Classes of Concentrated Animal Feeding Operations.
For purposes of these regulations, Concentrated Animal Feeding Operations are divided into
the following classes:
ANIMAL UNITS Regulation
Class A 2,000 or more (Prohibited)
Class B 1,000 to 1,999 (Prohibited)
Class C 500 to 999
Class D 10 to 499 (Zone B Shallow Aquifer)
Class E 10 to 499 (No pollution hazard)
Section 5.19.03. Concentrated Animal Feeding Operation Permit Requirements.
Owners of Class C, and Class D Concentrated Animal Feeding Operations are required to
complete, where applicable, a building permit, and/or conditional use permit application in the
following circumstances:
1. A new Concentrated Animal Feeding Operation is proposed where one does not exist.
2. An expansion is proposed that exceeds the number of animal units allowed by an existing
county-issued permit.
3. An expansion in the number of animal units of a Concentrated Animal Feeding Operation
which existed prior to May 13, 1997 and has not been issued a county CAFO permit, which
would result in the creation of a Class C Concentrated Animal Feeding Operation.
4. In the event there is a change in ownership of a Class C or D Concentrated Animal
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Feeding Operation, which has a previously-issued county permit, the new owner(s) has
sixty (60) days from the date of legal conveyance of ownership in which to apply for a
transfer of a previously-issued county CAFO permit in order to keep the current permit
valid. The new owner will be required to abide by the permit requirements, findings of fact
and any letter of assurances that were issued under the previously approved permit
application(s). If no application is submitted within sixty (60) days, the new owner will be
required to submit a new application for a CAFO permit.
5. An existing Concentrated Animal Feeding Operation is to be restocked after being idle for
five (5) years.
6. An unpermitted Concentrated Animal Feeding Operation is in violation of either County or
State regulations, and does not correct the violation as required by the applicable
authority. Violations of State regulations shall be inspected by State officials.
Section 5.19.04. Concentrated Animal Feeding Operation Control Requirements.
1. Compliance with South Dakota Department of Agriculture and Natural Resources rules
and regulations.
a. All Concentrated Animal Feeding Operations shall be constructed, located, or
operated in compliance with the rules and regulations of South Dakota Department of
Agriculture and Natural Resources.
2. State General Permit.
a. It shall be at the discretion of the Zoning Officer and/or the Board of Adjustment to
require that an applicant submit plans for a Class C, D, or E Concentrated Animal
Feeding Operation for review to determine general compliance with the standards
adopted for a State General Permit.
3. Nutrient Management Plan.
The applicant shall develop, maintain, and follow a nutrient management plan, per the
requirements below, to ensure safe disposal of manure and process wastewater and
protection of surface and ground water.
a. New Class C Concentrated Animal Feeding Operations are required to have a nutrient
management plan.
b. The nutrient management plan(s) for Class C Concentrated Animal Feeding
Operations shall be developed by a Certified Crop Advisor and shall meet the current
Natural Resources Conservation Service (NRCS) South Dakota Technical Nutrient
Management Standards and all other applicable South Dakota Department of
Agriculture & Natural Resources and Brookings County regulations.
c. The applicant must maintain records to show compliance with the approved nutrient
management plan.
d. Documentation of land spreading agreements shall be available upon request by
Brookings County.
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4. Manure Management and Operation Plan.
a. New Class C Concentrated Animal Feeding Operations are required to have a Manure
Management and Operation Plan.
b. The nutrient management plan(s) for Class C Concentrated Animal Feeding
Operations shall be developed by a Certified Crop Advisor and meet the current
Natural Resources Conservation Service (NRCS) South Dakota Technical Nutrient
Management Standards and all other applicable South Dakota Department of
Agriculture & Natural Resources and Brookings County regulations.
c. Manure Management and Operation Plan must include:
i. The location and specifics of proposed manure management facilities.
ii. The operation procedures and maintenance of manure management facilities.
iii. Plans and specifications must be prepared or approved by a registered
professional engineer, or a Natural Resource Conservation Service (NRCS)
engineer. Manure management treatment facilities will require inspection by an
engineer.
iv. Manure shall not be stored longer than two (2) years.
v. Manure rrianagement containment structures shall provide for a minimum design
volume of three hundred sixty five (365) days of storage. In addition, open outdoor
storage shall include minimum storage for direct precipitation and/or runoff from a
25- year, 24 hour storm.
vi. Manure management facilities utilizing methane digesters may receive on and off-
site generated manure and/or organic wastes.
vii. The applicant must provide information regarding how manure from the CAFO site
will be transported to fields identified in the nutrient management plan. This may
require the need for a haul road agreement and/or the applicable agreement for
pipes to cross the right-of-way or private property. Unless otherwise agreed to
between the governmental entity with road authority and the applicant, Brookings
County requires, at a minimum, that the applicant abide by minimum requirements
of the adopted findings of facts for the applicable size of operation.
d. The applicant is responsible in the event of misapplication of manure, whether applied
on the applicant's own land or on land where there is a land spreading agreement.
The applicant is also responsible for any spill or other accident while manure is in
transport. The complaint procedure will be the same as for any other zoning complaint.
e. As a condition of the permit, the Zoning Officer and/or the Board of Adjustment may
require the applicant to participate in environmental training programs.
5. Management Plan for Fly and Odor Control.
a. Concentrated Animal Feeding Operations shall dispose of dead animals, manure and
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wastewater in such a manner as to control odors or flies. A management plan for fly
and odor control is required for submission of a permit for a Class C Concentrated
Animal Feeding Operation. The Zoning Officer and/or Board of Adjustment will review
the need for control measures on a site specific basis. The following procedures to
control flies and odors shall be addressed in a management control plan:
i. Operational plans for manure collection, storage treatment and how the plans will
be updated and implemented.
ii. Methods to be utilized to dispose of dead animals must be included.
iii. Location of existing and proposed tree/shrub plantings must be included.
b. The County recommends the following Best Management Practices in the
development of a fly and odor control management plan:
i. Provide adequate slope and drainage to remove surface water from pens and keep
pen area dry so odor production is minimized.
ii. Store solid manure in containment areas having good drainage to minimize odor
production.
iii. Remove manure from open pens as frequently as possible to minimize odor.
iv. Avoid spreading manure on weekends, holidays and evenings during warm
season when neighbors may be involved in outdoor recreation activities.
v. Avoid spreading during calm and humid days, since these conditions restrict the
dispersion and dilution of odors.
6. Required Minimum Setbacks and Separation Distance for Class C, D, and E
Concentrated Animal Feeding Operations.
Setbacks for nevi Concentrated Animal Feeding Operations and those Existing, Non-
permitted Concentrated Animal Feeding operations expanding into a Class A, B, C, or D
Concentrated Animal Feeding Operation after May 13, 1997 shall be measured from the
nearest point of any manure containment facility, earthen lagoon, confinement structure,
or open lot to the nearest point of the primary structure for the use deriving the benefit
from the structure if applicable. See Table 5.19.05.6.
Table 5.19.05.6
MINIMUM SETBACKS'°
NEW CLASS C NEW CLASS D&E TING CLASS C,D
&E
One-quarter(1,320 e-quarter mile
Established Residences, Churches,One-half mile(2,640 feet) feet) (1,320 feet)
and Commercial or Industrial zoned or as prescribed in or as prescribed in prescribed in
property2,3 5.19.05.7 5.19.05.7 5.19.05.7
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Three miles(15,840 feet) One mile(5,280 feet)One-half mile(2,640
Corporate Boundary of the City of or as prescribed in or as prescribed in feet)
Brookings 3 5.19.05.7 5.19.05.7 or as prescribed in
5.19.05.7
Aquifer Protection
Zone A Prohibited Prohibited Prohibited
Prohibited litional Use Permit litional Use Permit
Zone B
Established Private Water Wells5 250 feet 200 feet 200 feet
Lakes,Rivers and Streams 150 feet 150 feet 150 feet
Classified as Fisheries
Federal,State&County Road ROW
-Confinement 300 feet 200 feet 200 feet
Federal,State,County&Township 50 feet 50 feet 50 feet
Road ROW—Open Lot
Township Road ROW-Confinement 150 feet 150 feet 150 feet
Township Road ROW—Open Lot 50 feet 50 feet 50 feet
Designated 100 Year Floodplain Prohibited Prohibited Prohibited
Two (2) or more CAFOs under common ownership are a single concentrated animal feeding operation if they adjoin
each other(within one mile)or if they use a common area or system for disposal of manure. Required setbacks for the
two (2) or more CAFOs treated as a single operation shall not be less than the minimum setback required for each
operation if said operations were treated as individual operations.
2 Established residences do not include any residence established after May 13, 1997 which is less than one-half(1/2)
mile from any Concentrated Animal Feeding Operation which was active at the time of the residence's construction.
3 The Board of Adjustment may allow a setback of less than the minimum setback required provided a written waiver by
the entity deriving the benefit of the setback is filed with the application.
°The Board of Adjustment mail utilize Section 5.19.05.7 to increase or decrease the required setback.
s Any well in use one year(365 days) prior to application for concentrated animal feeding operation permit.
7. Exceptions/Exemptions to Separation and/or Setback Distance Requirements,
Variance Still Required.
a. Except as identified in Section 5.19.05.7(e) below, All Concentrated Animal Feeding
Operations in operation prior to May 13, 1997, which do not comply with the minimum
setback requirements, but continue to operate, and are not expanded in a manner
which will result in one of the following circumstances/examples are exempt from
setback/separation distance requirements:
i. Example 1 : A Class E CAFO expands to a Class C CAFO.
b. A Concentrated Animal Feeding Operation which is expanded or constructed, if the
title holder of the land or water well benefitting from the distance separation
requirement executes a written waiver for the benefit of the title holder of the land
where the Concentrated Animal Feeding Operation is located, under such terms and
conditions which the parties may negotiate.
c. A Concentrated Animal Feeding Operation which is constructed or expanded closer
than the required setback/separation distance from the corporate limits of a
municipality that does not have an established City/County Joint Jurisdiction Zoning
Ordinance, if the incorporated municipality approves a written waiver.
d. A Concentrated Animal Feeding Operation which existed prior to the creation of a
residence, educational institution, commercial enterprise, religious institution,
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incorporated municipality, if the residence, educational institution, commercial
enterprise or religious institution was constructed or expanded or the boundaries of
the incorporated municipality were expanded after the date that the Concentrated
Animal Feeding Operation was established. The date that the Concentrated Animal
Feeding Operation was established is the date on which the Concentrated Animal
Feeding Operation commenced operating. A change in ownership or expansion shall
not constitute a change in the date of operation.
8. Manure Application.
a. The Board of Adjustment may require manure to be incorporated or injected in order
to minimize air and water quality impacts.
b. The application of liquid manure by means of irrigation is discouraged but will be
reviewed by the Board of Adjustment on a site-specific basis. Impact on air and water
quality will be taken into consideration.
9. Haul Roads.
a. Any applicant for a new Class C Concentrated Animal Feeding Operation shall identify
the primary routes to be used for transporting feed and animals to the operation and
transporting animals or raw products from the operation, and the approximate average
number of trucks per day.
b. Applicants for a new Class C Concentrated Animal Feeding Operation may be required
to enter into a road agreement for identified haul roads, and such agreement, if
required, shall be filed with the Zoning Officer.
10. Standards for Conditional Uses.
a. The Board of Adjustment may request additional information relating to a
Concentrated Animal Feeding Operation which is not contained in these regulations.
b. The Board of Adjustment may impose, in addition to the standards and requirements
set forth in these regulations, additional conditions which the Board of Adjustment
considers necessary to protect the public health, safety and welfare.
c. Conditional Use Permits for Concentrated Animal Feeding Operations shall be in effect
only as long as sufficient land specified for spreading purposes is available for such
purposes and permittees adhere to all other provisions of the permit.
d. Conditional Use Permit applicants must comply with the Findings of Fact as required
by the Board of Adjustment. The Findings of Fact will be prepared by the Zoning
Officer, apprcved by the Board of Adjustment and signed by the Board of Adjustment's
designated representative. The issuance of a permit for a Concentrated Animal
Feeding Operation requires compliance with the regulations herein as well as
associated Letters of Assurances and Findings of Fact. Any violation of these
regulations or noncompliance with the Letters of Assurances and Findings of Fact shall
be cause for revocation of a permit. If a violation of these regulations or noncompliance
with the letter of assurance/findings of fact occurs, permit holders will be notified by
certified mail and a hearing before the Board of Adjustment will be held concerning the
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status of the permit. The Board of Adjustment shall either revoke the permit or set a
time line for compliance. If compliance is not met, the permit shall be revoked and the
permit holder ordered to cease operations.
11. Suggested Minimum Application Information.
The following information may be requested and reviewed by the Board of
Adjustment/Zoning Officer prior to the issuance or as a condition to the issuance of a
conditional use permit for any class of CAFO.
a. Owner(s)/Applicant(s) name, address and telephone number.
b. Legal descriptions of site and site plan.
c. Number and type of animals.
d. Preliminary nutrient management plan, if required.
e. Preliminary manure management and operation plan, if required.
f. Preliminary management plan for fly and odor control.
g. Information concerning applicant's ability to meet setback and separation distance
requirements.
h. As a condition of approval of any Concentrated Animal Feeding Operation over 1,000
animal units or as determined by the Board of Adjustment, the documentation of an
approved General Permit from the South Dakota Department of Agriculture & Natural
Resources for animal species is required. The issuance of a State General Permit
satisfies the County's requirements for an approved nutrient management plan and
manure management plan.
i. Documentation of notice to public water supply officials.
j. Information on soils, shallow aquifers, designated wellhead protection areas, and 100-
year floodplain designation.
k. Documentation of notice to whomever maintains the access/haul road(s) (whether it
be Township, County or State).
I. Any other information as contained in the application or requested by the Zoning
Officer.
CHAPTER 5.20.SAND, GRAVEL OR QUARRY OPERATIONS; ROCK CRUSHERS; MINERAL
EXPLORATION AND DEVELOPMENT AND CONCRETE AND ASPHALT MIXING PLANT
REQUIREMENTS.
Section 5.20.01 Application.
1. In addition to the application and required fee for a Conditional Use Permit, the applicant
shall submit a sitE' plan indicating the following information:
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a. A description of the mineral or minerals which are the subject of the mining or milling
operation.
b. A detailed site Map(s) showing:
i. The general area within which the mining or milling operation will be conducted
with areas identified by phase if applicable.
ii. Present topography, soil types, and depth to groundwater.
iii. Location of existing water drainage, wetlands, buildings, and shelterbelts.
iv. Identification of roads leading to the site.
v. Property boundaries of adjacent landowners within 500 feet.
vi. Proposed changes at the site, such as access drives, shelterbelts, buildings,
changes in topography, topsoil storage areas, berms, and fence lines.
vii. Proposed wetland mitigation areas, if any.
viii. Location of on-site storage of chemicals and petroleum products, including
containment plan.
Section 5.20.02 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 South Dakota
Department of Agriculture and Natural Resources.
2. The applicant shall identify specific phases when monitoring and inspection of the mining
and milling operations are conducted by County, State, or Federal personnel or their
representatives to assure compliance with all applicable rules and regulations. If the
conditional 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 be responsible for the costs of the monitoring and inspection
program as determined by the Board of Adjustment.
Section 5.20.03 Setbacks.
1. Sand, gravel or quarry operations, mineral exploration and extraction operations, rock
crushers, and concrete/asphalt mixing plants will not be allowed within two hundred (200)
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. Exception: The owner of a residence may waive the setback
requirement provided the owner submits a notarized waiver form acceptable to the Zoning
Officer.
2. Sand, gravel or quarry operations, 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.
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3. Sand, gravel or quarry operations, mineral exploration and extraction, rock crushers,
and/or concrete and asphalt mixing plants shall be set back a minimum of fifty (50) feet
from all property lines (excluding the public right-of-way).
Section 5.20.04 General Provisions.
1. Haul Roads.
A permit for extraction/mining operations shall include a haul-road agreement between the
applicant and appropriate governmental authority (State, County, Township, or
Municipality).
2. Noise Pollution.
The applicant may be required to provide information regarding how potential noise
pollution will be minimized.
3. Visual Considerations.
a. Earth berms and vegetation should be employed to minimize visual impacts and
reduce the effects of noise and dust.
b. The need for and placement of berms should be determined by the orientation and
position of the excavation site with respect to residences and roadways. Berms should
be located in a manner which restricts the public's view of the property. Generally,
berms should be six feet in height and seeded immediately after construction to avoid
soil erosion. Berms should be maintained and kept reasonably free of weeds.
c. Location of berms and vegetation shall not create sight distance obstructions at
roadway intersections.
4. Hydrology, dewatering and drainage.
a. Dewatering of the extraction site shall not result in downstream flooding.
b. Berms shall not interrupt the natural drainage of the area, unless the diversion is part
of an approved drainage control system.
5. The applicant shall further 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
operation.
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.
6. The applicant shall provide a plan for reclamation of the land after mining is completed.
Measures to be taken for surface reclamation shall take into account the impact on
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adjacent land uses and natural resources, and the proposed future use of the lands mined
and adjacent lands. The reclamation plan shall include the following:
a. A reclamation schedule.
b. Methods of plugging exploration drill holes.
c. Methods of removing and returning topsoil and subsoil.
d. Methods of grading, backfilling and contouring of exploration sites, access roads, and
mining sites.
e. Methods of waste management and disposal, including liquid and solid wastes.
f. Method of revegetation.
7. Utilities/Easements. No exploration or excavation shall occur within recorded easements
without the express written consent of the party holding such utility/easement.
8. A conditional use permit may be issued only after all requirements set forth in this
ordinance have been satisfied. Evidence of violation of these regulations, including, but
not limited to, air and water contamination, shall be cause for an immediate cessation of
mining and milling operations.
9. Solution mining, in situ mining of an ore body with circulation of chemicals through injection
and recovery wells, for minerals is prohibited.
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CHAPTER 5.21. RIGHT TO FARM NOTICE COVENANT.
The following Right to Farm Notice Covenant is to be utilized as required for farm and non-farm
residential development within the Agricultural District.
Prepared by:
Brookings County Zoning Office
520 3rd St, Suite 200
Brookings, SD 57006
RIGHT TO FARM NOTICE COVENANT
You are hereby notified that the structure you are constructing, whether it is a new residence, stick-built,
modular or manufactured, or modifying an existing residence, and located upon the Legal Description
below, is located in or near agricultural land, agricultural operations or agricultural processing facilities or
operations. You may be subject to inconvenience or discomfort from lawful agricultural or agricultural
processing facility operations. Agricultural operations may include, but are not limited to, the following: the
cultivation, harvesting, and storage of crops; livestock production; ground rig or aerial application of
pesticides or herbicides; the application of fertilizer, including animal waste; the operation of machinery; the
application of irrigation water; and other accepted and customary agricultural activities conducted in
accordance with Federal, State, and County laws. Discomforts and inconveniences may include, but are
not limited to: noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation
of machinery (including aircraft) during a 24-hour period. If you live near an agricultural area, you should
be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in
an area with a strong rural character and an active agricultural sector. You are also notified that there is the
potential for agricultural or agricultural processing operations to expand. This notification shall extend to all
landowners, their heirs, successors and assigns.
Legal Description:
IN WITNESS WHEREOF, the Grantors have executed this instrument on 20
Signature, Grantor Signature, Grantor
Print, Grantor Print Grantor
STATE OF SOUTH DAKOTA
COUNTY OF BROOKINGS
SS.-
This instrument was acknowledged before me on 20 by
(Grantors).
Notary Public My Commission Expires:
78
Now, Therefore, Be It Ordained by the City of Brookings, South Dakota that the Joint
Jurisdiction Area Zoning Ordinance be revised as per Ordinance 22-037.
First Reading: November 15, 2022
Second Reading: December 20, 2022
Published: December 23, 2022
CITY R KI D
O e Niemeyer, Mayor
ATTEST:
_ yqi
pr
Bonnie oster, City Clerk