HomeMy WebLinkAbout2022_12_20 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces
sustainability and pursues a complete lifestyle. We are committed to building a bright future through
dedication, generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, December 20, 2022
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. JOINT CITY COUNCIL and COUNTY COMMISSION ACTION
4.A.ORD 22-037 Public Hearing and Action on City Council Ordinance 22-037 and
Brookings County Commission Ordinance 22-05, Ordinances adopting
the Joint Jurisdiction Zoning Ordinance for the City of Brookings and
Brookings County.
Memo
City Ordinance
County Ordinance
Joint PC Minutes - June 13, 2022
Joint PC Minutes - October 4, 2022
Joint Jurisdiction Zoning Map
Attachments:
Open & Close Public Hearing
City Council Action: Motion to Approve, Roll Call
County Commission Action: Motion to Approve, Roll Call
Legislative History
11/15/22 City Council read into the record
Page 1 City of Brookings
December 20, 2022City Council Meeting Agenda
Adjourn the Joint City Council and County Commission portion of the agenda.
Action: Motion to Approve, Voice Vote
RESUME REGULAR CITY COUNCIL MEETING
5. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed or to make a brief announcement or invitation. Items will be scheduled at the end
of the meeting. Individuals are asked to state their name and address for the record.
6. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion. At the request of any
one Council Member or the City Manager, an item may be removed from the Consent
Agenda and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the
beginning of the formal items.
6.A.ID 22-0478 Action to approve City Council meeting minutes.
12/13/2022 MinutesAttachments:
6.B.ID 22-0493 Action on Volunteer Board, Committee, and Commission appointments.
6.C.RES 22-094 Action on Resolution 22-094, a Resolution declaring surplus property for
the City of Brookings.
ResolutionAttachments:
6.D.ID 22-0494 Action on annual renewals for Medical Cannabis Establishment
Licenses in the City of Brookings.
Memo
Medical Cannabis - Summary
Ordinance 21-028
Resolution 21-075
Attachments:
7. Presentations/Reports:
7.A.ID 22-0500 City of Brookings Employee Service Awards Recognition.
Longevity List
Presentation
Attachments:
8. Contracts/Change Orders:
Page 2 City of Brookings
December 20, 2022City Council Meeting Agenda
8.A.RES 22-095 Action on Resolution 22-095, a Resolution Authorizing Change Order
No. 1 for 2022-05STI Main Avenue South and 8th Street South
Intersection Reconstruction; Bowes Construction, Inc.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
9.A.ORD 22-043 Introduction and First Reading on Ordinance 22-043, an Ordinance
Rezone 18.84 acres of BMU WTP Addition. Public Hearing and Action:
January 10, 2023.
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
I-1 Zoning Excerpt
Attachments:
10. Public Hearings and Second Readings:
10.A.ORD 22-041 Public Hearing and Action on Ordinance 22-041, an Ordinance
Amending Ordinance Section 82-521, and Pertaining to Maximum
Duration of Parking in Public Parking Lots in the City of Brookings.
Memo
Ordinance
Current City Code
Joint Cooperative Agreement
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
12/13/22 City Council read into the record
Page 3 City of Brookings
December 20, 2022City Council Meeting Agenda
10.B.ID 22-0498 Public Hearing and Action on a request to change the On-Sale Liquor
Operating Agreement with Den-Wil Hospitality Group, Inc., Dennis
Bielfeldt, owner, to doing business as Boss’s Pizza at 2515 6th Street,
Brookings, SD.
Memo
Operating Agreement
Legal Notice
Location Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10.C.RES 22-102 Public Hearing and Action on Resolution 22-102, a Resolution
Accepting and Awarding the Bid for Recyclable Processing and
Marketing.
Memo
Resolution
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10.D.RES 22-097 Public Hearing and Action on Resolution 22-097, a Resolution of Intent
to Lease Real Property at Brookings Airport to M&C Partners, LLC.
Memo
Resolution
Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10.E.RES 22-092 Public Hearing and Action on Resolution 22-092, a Resolution of Intent
to Lease Real Property to Lyle Bothe for Agricultural Haying in Section
11-T109N-R50W (Main Avenue South & 32nd Street South).
Memo
Resolution
Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10.F.RES 22-100 Public Hearing and Action on Resolution 22-100, a Resolution of Intent
to Lease Real Property to MC Hay for Agricultural Haying in Section
21-T110N-R50W (West of Brookings Regional Airport).
Memo
Resolution
Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Page 4 City of Brookings
December 20, 2022City Council Meeting Agenda
10.G.RES 22-098 Public Hearing and Action on Resolution 22-098, a Resolution of Intent
to Lease Real Property to MC Hay for Agricultural Crop Land in Section
19-T110N-R49W (32nd Avenue & Capital Street).
Memo
Resolution
Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10.H.RES 22-099 Public Hearing and Action on Resolution 22-099, a Resolution to Amend
the 2040 Comprehensive Plan’s Future Land Use Map
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Future Land Use Map
Zoning Map
Civic Land Use
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Other Business:
11.A.RES 22-101 Action on Resolution 22-101, a Resolution Transferring City Manager
Contingency Funds to City Departments.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 5 City of Brookings
December 20, 2022City Council Meeting Agenda
11.B.RES 22-103 Action on Resolution 22-103, a Resolution to Annex 219.37 acres in the
NW 1/4 and NE 1/4, Section 13, Township 110 North, Range 50 West
of the 5th PM, Brookings County, South Dakota.
Memo
Resolution
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Petition for Annexation
Location Map
Annexation Priority Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
11.C.ID 22-0497 Action on a Revised Preliminary Plat for Lot 1 in Block 1; Lots 1-6 in
Block 4 and Block 6 in Southland Addition, and 23rd Street South in
Bluegill Third Addition.
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
PC Recommendation Preliminary Plat
Revised Preliminary Plat
2018 Preliminary Plat
2020 Preliminary Plat
Zoning Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
11.D.ID 22-0484 Action on City Council Policy: Public Comment during City Council
meetings.
Memo
Public Comment Policy
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
12.ID 22-0477 City of Brookings Progress Report.
December Progress ReportAttachments:
13. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
Page 6 City of Brookings
December 20, 2022City Council Meeting Agenda
14. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Joey Collins, Brianna Doran, Holly Tilton Byrne, Bonny Specker
Brookings County Commission: Mike Bartley, Larry Jensen, Ryan Krogman, Angela Boersma, LeeAnn Pierce
Brookings City Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
Public Comment is limited to a maximum of three minutes per person during the meeting. Individuals are asked to
give their name and address for the record. Public Comment may be submitted prior to the meeting: 1) Email
comments to the City Clerk (bfoster@cityofbrookings-sd.gov), 2) participate via Zoom, or 3) via eComment
(https://cityofbrookings.legistar.com/Calendar.aspx ). Those who provide comments in any manner should
understand their comments will become part of the official record and subject to review by all parties and the
public.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact Susan
Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three (3) business days
in advance of the meeting.
Page 7 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-037,Version:2
Public Hearing and Action on City Council Ordinance 22-037 and Brookings County Commission
Ordinance 22-05, Ordinances adopting the Joint Jurisdiction Zoning Ordinance for the City of
Brookings and Brookings County.
Summary:
An ordinance revising the Joint Jurisdiction Zoning Ordinance for the City of Brookings and Brookings
County.
Attachments:
Memo
City Ordinance
County Ordinance
Joint PC Minutes - June 13, 2022
Joint PC Minutes - October 4, 2022
Joint Jurisdiction Zoning Map
City of Brookings Printed on 12/21/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Mike Struck, Community Development Director
Meeting: November 15, 2022
Subject: Ordinance 22-037: Amending the Joint Jurisdiction Zoning
Ordinance
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
An ordinance amending the Joint Jurisdiction Zoning Ordinance of the City of
Brookings and Brookings County.
Background:
The City of Brookings and Brookings County adopted a Joint Jurisdiction Zoning
Ordinance in 1980 to share zoning authority for the unincorporated area surrounding the
City of Brookings. The 1980 ordinance has had very few amendments over the years
and has not kept pace with development trends and best practices. The City an d
County agreed to update the Joint Jurisdiction Zoning Ordinance and created a
Committee to assist in the process. The Joint Jurisdiction Committee was comprised of
13 members, with 7 members representing the County and 6 members representing the
City. The Committee commenced work on the ordinance update on November 20,
2017. First District Association of Local Governments guided the process and
conducted a current land use inventory to identify the types of uses located with the
current and proposed Joint Jurisdiction Land Use Area.
The Committee worked on the ordinance until September 19, 2019 in which the
Committee voted to recommend the updated Joint Jurisdiction Zoning Ordinance to the
respective Planning Commissions of the City and County for consideration. The City
and County Planning Commissions held their first joint meetings to review the
recommendation of the Joint Jurisdiction Zoning Committee on December 2, 2019. The
Planning Commissions met jointly in early 2020 and paused meetings on the ordinance
update until September 7, 2021 due to a pandemic. The Planning Commissions
continued working through the ordinance and agreed upon the ordinance language on
June 13, 2022 and on the Joint Jurisdiction Zoning Area boundaries on October 4,
2022.
Item Details:
Pursuant to SDCL 11-2, 11-4, and 11-6, the respective City and County Planning
Commissions held a public hearing on June 13, 2022 and recommended adoption of
the joint jurisdiction zoning ordinance. The recommendations are forwarded to the City
Council and County Commission for consideration and adoption.
The joint jurisdiction zoning ordinance is intended to share zoning authority between the
City and County for those areas outside of city limits, but expected to be annexed in the
future. Joint jurisdiction zoning allows for planned, coordinated growth and helps to
ensure as the City of Brookings expands outward, development can continue with
logical extensions of infrastructure and services to maintain connectivity with the City of
Brookings.
Joint Jurisdiction Zoning Ordinance points of interest:
Administration – areas zoned Agriculture are administered by Brookings County
according to the proposed Joint Jurisdiction Zoning Ordinance and non -
Agriculture zoned properties are administered by the City of Brookings according
to the City’s Zoning Ordinance. The administration is same as current ordinance,
however, the change occurs with the City utilizing the City Zoning Ordinance.
Justification is the area is expected to become part of the City and should
develop consistent with City zoning standards.
Board of Adjustment – a five (5) member Board of Adjustment consisting of three
(3) County representatives and two (2) City representatives would hear variance
and conditional use requests for Agriculture zoned areas within the Joint
Jurisdiction Zoning Area. This is new language and would allow the City to
participate in the decision making process for those uses requesting special
consideration within the joint zoning area.
Rezoning requests within the Joint Jurisdiction Area would still require joint
meetings of the Planning Commissions with recommendations forwarded to the
City Council and County Commission for final action.
Additional updates to zoning regulations and uses based upon current best
practices and aligns more closely with the Brookings County Zoning Ordinance
related to agricultural uses.
Legal Consideration:
The City Attorney and Brookings County States Attorney have reviewed the Joint
Jurisdiction Zoning Ordinance.
Strategic Plan Consideration:
The joint jurisdiction zoning authority is consistent with Goal C. Service and Innovation
Excellence by continuing to expand upon intergovernmental relations and policy
shaping. The Joint Jurisdiction Zoning Ordinance will assist in achieving Goal E.
Economic Growth by ensuring for coordinated and planned development adjacent to the
City of Brookings and thus providing opportunities for the City to grow outward and
provide opportunities for business and residential growth.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
The Planning Commission voted 5-0 recommending adoption of the joint jurisdiction
zoning ordinance and voted 7-0 recommending adoption of the Joint Jurisdiction Zoning
Map. Staff recommends approval.
Supporting Documentation:
Memo
Ordinance
Joint PC Minutes - June 13, 2022
Joint PC Minutes - October 4, 2022
Joint Jurisdiction Zoning Map
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;
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:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
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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 orderly and economic extension of urban services by limiting development
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
3
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 f ines 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 f ile 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 wh ole
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;
5
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, Injected. 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 (½) 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 oth er
requirements vary from district to district. (See illustration below).
Buildable Area Illustration
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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.
Building 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 Injection 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
14
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
16
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.
Injection. 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.
Lagooning. 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 abut ting 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
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 t han 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.
Sign. 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.
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B. Multiple messages on a single sign face:
C. Multiple messages on stacked signs:
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
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
Lot Area
Maximum
Lot
Coverage*
Maximum
Height
(a)
Single Family Residences 35 Acres 25% 35’ (a)
Other Permitted Uses 1 Acre 25% 35' (a)
Existing Farmstead
Exemption A
35 Acres
(b) 25% 35'
Existing Farmstead
Exemptions B and C 5 Acres (b) 25% 35’
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
Front
Yard
Minimum
Rear
Yard
Minimum
Side Yard
Single Family 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
Record 50’ 50’ 8’
Signs 1’ 25’ 25’
Shelterbelts
(A)
Parallel to
ROW 100’
100’
100’ Perpendicular
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 gas mains, electric,
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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
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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;
3. All components of the anchoring system shall be capable of carrying a force of
4,800 pounds; 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 th e
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 l00 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 15th (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 conf lict
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
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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.
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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
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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. W hen 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
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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.
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.
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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
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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:
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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
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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.
Adjacent Adjacent
to Adjacent Adjacent to to Adjacent Adjacent to
Sign Type Township to County State or Township to County State or
Right-of- Right-of- Federal Right- Right-of- Right-of- Federal Right-
way Way of-Way way Way of-Way
Freestanding 32 Square Feet 1
Wall
Temporary 32 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
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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
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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
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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
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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
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.
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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.
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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 “U-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.
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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”)
Animal Species
Class C CAFO
(500 to 999
Units)
Class D CAFO
(up to 499
Units – Water
Pollution
Hazard)
Class E CAFO
(up to 499
Units – No
Water Pollution
Hazard)
Animal Unit
Equivalency
Ratio
Animal
numbers equal
to:
Animal
numbers equal
to:
Animal
numbers equal
to:
Cattle other than
mature dairy cows or
veal calves 1
500 to 999
10 to 499
10 to 499
1.0
Mature Dairy
Cattle (milked or dry)
350 to 699
10 to 349
10 to 349
1.43
Swine (weighing over
55 lbs )
1,250 to 2,499
10 to 1,249
10 to 1,249
0.4
Swine (weighing less
than 55 lbs )
5,000 to 9,999
10 to 4,999
10 to 4,999
0.1
Horses 250 to 499 10 to 249 10 to 249 2.0
Sheep, goats, or
lambs
5,000 to 9,999 10 to 4,999 10 to 4,999 0.1
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Turkeys 27,778 to 54,999 10 to 27,777 10 to 27,777 0.018
Chickens, other than
laying hens using
other than liquid
manure handling
system
62,500 to 124,999
10 to 62,499
10 to 62,499
.008
Laying hens using
other than liquid
manure handling
system
41,166 to 81,999
10 to 41,165
10 to 41,165
.0122
Laying Hens &
Broilers using liquid
manure
handling system
15,000 to 29,999
10 to 14,999
10 to 14,999
.0333
Ducks Using liquid
manure
Handling system
2,500 to 4,999
10 to 2,499
10 to 2,499
0.2
Ducks using other
than liquid manure
handling system)
15,151 to 29,999
10 to 15,150
10 to 15,150
.033
Geese 15,151 to 29,999 10 to 15,150 10 to 15,150 .033
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 management 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 new 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 SETBACKS1 4
NEW CLASS C
NEW CLASS D & E
EXISTING CLASS C, D
& E
Established Residences, Churches,
and Commercial or Industrial zoned
property2, 3
One-half mile (2,640 feet)
or as prescribed in
5.19.05.7
One-quarter (1,320
feet)
or as prescribed in
5.19.05.7
One-quarter mile
(1,320 feet)
or as prescribed in
5.19.05.7
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Corporate Boundary of the City of
Brookings 3
Three miles (15,840 feet)
or as prescribed in
5.19.05.7
One mile (5,280 feet)
or as prescribed in
5.19.05.7
One-half mile (2,640
feet)
or as prescribed in
5.19.05.7
Aquifer Protection
Zone A Prohibited Prohibited Prohibited
Zone B
Prohibited Conditional Use Permit Conditional Use Permit
Established Private Water Wells5 250 feet 200 feet 200 feet
Lakes, Rivers and Streams
Classified as Fisheries
150 feet 150 feet 150 feet
Federal, State & County Road ROW
- Confinement
300 feet
200 feet
200 feet
Federal, State, County & Township
Road ROW – Open Lot
50 feet 50 feet 50 feet
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
1 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.
4 The Board of Adjustment may utilize Section 5.19.05.7 to increase or decrease the required setback.
5 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, approved 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).
l. 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 notif y 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, an d/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:
ORDINANCE 22-05
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;
NOW, THEREFORE, BE IT ORDAINED by the Brookings County, South Dakota that
the Joint Jurisdiction Area Zoning Ordinance be revised as per Ordinance 22-05.
First Reading: November 15, 2022
Second Reading: December 20, 2022
Published:
Angela Boersma, Chairperson
Brookings County Commission
ATTEST:
Lori Schultz, Finance Officer
Brookings County
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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 orderly and economic extension of urban services by limiting development
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, Injected. 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 (½) 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
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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.
Building 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 Injection 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.
Injection. 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.
Lagooning. 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
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.
Sign. 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.
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B. Multiple messages on a single sign face:
C. Multiple messages on stacked signs:
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
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
Lot Area
Maximum
Lot
Coverage*
Maximum
Height
(a)
Single Family Residences 35 Acres 25% 35’ (a)
Other Permitted Uses 1 Acre 25% 35' (a)
Existing Farmstead
Exemption A
35 Acres
(b) 25% 35'
Existing Farmstead
Exemptions B and C 5 Acres (b) 25% 35’
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
Front
Yard
Minimum
Rear
Yard
Minimum
Side Yard
Single Family 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
Record 50’ 50’ 8’
Signs 1’ 25’ 25’
Shelterbelts
(A)
Parallel to
ROW 100’
100’
100’ Perpendicular
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 gas mains, electric,
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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
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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;
3. All components of the anchoring system shall be capable of carrying a force of
4,800 pounds; 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 W ellhead 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 l00 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 15th (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.
CH APTER 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.
CH APTER 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
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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.
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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
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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
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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.
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.
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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
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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:
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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.
CH APTER 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
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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.
Adjacent Adjacent
to Adjacent Adjacent to to Adjacent Adjacent to
Sign Type Township to County State or Township to County State or
Right-of- Right-of- Federal Right- Right-of- Right-of- Federal Right-
way Way of-Way way Way of-Way
Freestanding 32 Square Feet 1
Wall
Temporary 32 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
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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
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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
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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
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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
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.
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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.
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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 “U-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.
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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”)
Animal Species
Class C CAFO
(500 to 999
Units)
Class D CAFO
(up to 499
Units – Water
Pollution
Hazard)
Class E CAFO
(up to 499
Units – No
Water Pollution
Hazard)
Animal Unit
Equivalency
Ratio
Animal
numbers equal
to:
Animal
numbers equal
to:
Animal
numbers equal
to:
Cattle other than
mature dairy cows or
veal calves 1
500 to 999
10 to 499
10 to 499
1.0
Mature Dairy
Cattle (milked or dry)
350 to 699
10 to 349
10 to 349
1.43
Swine (weighing over
55 lbs )
1,250 to 2,499
10 to 1,249
10 to 1,249
0.4
Swine (weighing less
than 55 lbs )
5,000 to 9,999
10 to 4,999
10 to 4,999
0.1
Horses 250 to 499 10 to 249 10 to 249 2.0
Sheep, goats, or
lambs
5,000 to 9,999 10 to 4,999 10 to 4,999 0.1
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Turkeys 27,778 to 54,999 10 to 27,777 10 to 27,777 0.018
Chickens, other than
laying hens using
other than liquid
manure handling
system
62,500 to 124,999
10 to 62,499
10 to 62,499
.008
Laying hens using
other than liquid
manure handling
system
41,166 to 81,999
10 to 41,165
10 to 41,165
.0122
Laying Hens &
Broilers using liquid
manure
handling system
15,000 to 29,999
10 to 14,999
10 to 14,999
.0333
Ducks Using liquid
manure
Handling system
2,500 to 4,999
10 to 2,499
10 to 2,499
0.2
Ducks using other
than liquid manure
handling system)
15,151 to 29,999
10 to 15,150
10 to 15,150
.033
Geese 15,151 to 29,999 10 to 15,150 10 to 15,150 .033
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 management 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 new 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 SETBACKS1 4
NEW CLASS C
NEW CLASS D & E
STING CLASS C, D
& E
Established Residences, Churches,
and Commercial or Industrial zoned
property2, 3
One-half mile (2,640 feet)
or as prescribed in
5.19.05.7
One-quarter (1,320
feet)
or as prescribed in
5.19.05.7
ne-quarter mile
(1,320 feet)
s prescribed in
5.19.05.7
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Corporate Boundary of the City of
Brookings 3
Three miles (15,840 feet)
or as prescribed in
5.19.05.7
One mile (5,280 feet)
or as prescribed in
5.19.05.7
One-half mile (2,640
feet)
or as prescribed in
5.19.05.7
Aquifer Protection
Zone A Prohibited Prohibited Prohibited
Zone B
Prohibited ditional Use Permit ditional Use Permit
Established Private Water Wells5 250 feet 200 feet 200 feet
Lakes, Rivers and Streams
Classified as Fisheries
150 feet 150 feet 150 feet
Federal, State & County Road ROW
- Confinement
300 feet
200 feet
200 feet
Federal, State, County & Township
Road ROW – Open Lot
50 feet 50 feet 50 feet
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
1 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.
4 The Board of Adjustment may utilize Section 5.19.05.7 to increase or decrease the required setback.
5 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, approved 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).
l. 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.
76
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
77
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.
78
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:
R1A
R1A
B3
B3
A
A
A
R3A A
207TH ST
217TH ST
SD HWY
324WESTERN AVEUS
HW
Y
1
4
B
Y
PMEDARY AVEUS HWY 14
471ST AVEI 29470TH AVE212TH ST 475TH AVE210TH ST472ND AVE214TH ST
473RD AVE211TH ST
215TH ST 474TH AVE209TH ST469TH AVE213TH ST
±
ProposedJJA
JJZoning
Zone
A
B3
I1R
R1A
R1B
R3A
Wellhead Protection Zones
BrookingsCityLimit
Joint Jurisdiction Zoning
This is to certify that this is the official
Joint Jurisdiction Zoning Map referred
to in chapter 1.03 of ordinance Number
XX of Brookings county, State of South
Dakota, as amended. and Ordinance
XX of the City of Brookings together
with the date of the adoption of these
Ordinances and subsequent
amendments. The Official Joint
Jurisdiction Zoning Map shall be on file
at the office of the County
Development Office and the Office of
the Community Development
Department
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0478,Version:1
Action to approve City Council meeting minutes.
Attachments:
12/13/2022 City Council Minutes
City of Brookings Printed on 12/21/2022Page 1 of 1
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Brookings City Council
December 13, 2022 (unapproved)
The Brookings City Council held a meeting on Tuesday, December 13, 2022 at 5:30
PM, at the Brookings City & County Government Center, Chambers, with the following
City Council members present: Mayor Oepke Niemeyer, Council Members Nick
Wendell, Joey Collins, Holly Tilton Byrne, Wayne Avery, Brianna Doran, and Bonny
Specker. City Manager Paul Briseno, City Attorney Steve Britzman, and City Clerk
Bonnie Foster were also present.
Agenda. A motion was made by Council Member Wendell, seconded by Council
Member Specker, that the agenda be approved. The motion carried by the following
vote: Yes: 6 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker;
Absent: 1 – Tilton Byrne.
(Council Member Tilton Byrne arrived at 5:31 p.m.)
Executive Session. A motion was made by Council Member Specker, seconded by
Council Member Wendell, to enter into Executive Session at 5:31 p.m., pursuant to
SDCL 1-25-2.1, for the purpose of discussing the qualifications, competence,
performance, character or fitness of any public officer or employee or prospective public
officer or employee. The term, employee, does not include any independent
contractor. Present: City Council and Human Resources Director Susan Rotert. The
motion carried by a unanimous vote. A motion was made by Council Member Specker,
seconded by Council Member Doran, to exit Executive Session at 6:39 p.m. The
motion carried by a unanimous vote.
Open Forum. Jeff Streuwe expressed ongoing concerns with the COVID vaccines.
Jeanette Gibbons shared information about COVID vaccines. Cole Sartell thanked the
council for their continued openness in the community and the signing of the Same -Sex
Marriage Bill by President Biden.
Consent Agenda. A motion was made by Council Member Wendell, seconded by
Council Member Collins, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
A. Action to approve the 11/22/2022 City Council Minutes.
B. Action on Resolution 22-093, a Resolution authorizing the City Manager to
sign an On-Sale Liquor Operating Agreement renewal for Jesse Davis, LLC, dba
Craft Fusion, Jesse Davis, owner, 610 Medary Avenue, Brookings, South Dakota.
Legal description: Lots 3-4-5, Randi Peterson Addition.
Resolution 22-093 - On-Sale Liquor Operating Agreement – 5-year mid-term renewal
Jesse Davis LLC, dba Craft Fusion
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management
Agreement for Liquor between the City of Brookings and Jesse Davis LLC, Jesse Davis,
owner, dba Craft Fusion, for the purpose of a liquor manager to operate the on -sale
establishment or business for and on behalf of the City of Brookin gs at 610 Medary
Avenue. Legal description: Lots 3-4-5, Randi Peterson Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement renewal on behalf of the City, which shall be for a period of five (5)
years.
Ex-Officio Reports. A Brookings Municipal Utility Board report was given by Council
Members Avery and Specker. A Brookings Health Systems Board of Trustees report
was given by Council Members Collins and Doran.
Council Member provided an update on the first citizens and Council Community Office
Hours.
2023 City Attorney Contract. A motion was made by Council Member Specker,
seconded by Council Member Wendell, that a Legal Services Agreement between the
City of Brookings and Steven J. Britzman, Attorney at Law, for a one-year contract
(01/01/2023 - 12/31/2023), be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Legal Services Agreement
The City of Brookings and Steven J. Britzman, Attorney at Law, agree that the City of
Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year
period, commencing January 1, 2023 and ending December 31, 2023, unless extended
by mutual agreement of the parties, in writing. The City of Brookings and Steven J.
Britzman desire to set forth the terms of their Agreement concerning the provision of
legal services by Steven J. Britzman as City Attorney as follows:
1. Performance of Legal Services
Steven J. Britzman will perform all legal services as provided in the "Scope of Services
for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of
Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal
services which include representing the City in Magistrate Court in the enforcement of
City Ordinances.
2. Insurance Coverage
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount
of One (1) million dollars ($1,000,000) per claim and One million dollars ($1,000,000)
aggregate during the term of this agreement. Steven J. Britzman will be responsible to
pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest
are defined in great detail in the South Dakota Rules of Professional Responsibility
which govern attorneys and which are a part of the statutes of South Dakota.
Accordingly, Steven J. Britzman will follow the South Dakota Rules of Professional
Responsibility, immediately disclose to the City Council and City Manager any conflict or
the appearance of a potential conflict, and resolve the issue to the satisfaction of the
City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2023 through December 31, 2023 up to
Nine Thousand Eighteen and 62/100 ($9,018.62) Dollars for the first Fifty (50) hours of
legal services performed each month, payable on the last day of the month.
For all services provided in excess of Fifty (50) hours per month, Steven J. Britzman
shall be compensated at a rate of a Two Hundred and no/100 ($200.00) Dollars per
hour, up to a maximum of Seventy (70) hours per month, payable on the last day of the
month. If the City Attorney performs more than Seventy (70) hours of service per month,
there will be no further compensation paid to the City Attorney for services in excess of
Seventy (70) hours, unless the services are specifically contracted because they are
outside the Scope of Services. The hourly rate for other legal services, including those
set forth in Item 15 of the Scope of Services is $200.00 during the term of this
Agreement.
The legal services provided by Steven J. Britzman will be performed as an independent
contractor and Steven J. Britzman shall therefore pay all payroll and business expenses
incurred in providing legal services to the City.
5. Expense Reimbursements, Meetings and Conferences
In addition to the compensation for legal services during each year of this Agreement,
the City will provide Four Thousand Dollars ($4,000.00) per year fo r membership in the
International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and
for Conference registration, travel and lodging for the Annual Meeting of the IMLA and
South Dakota Municipal League which includes approximately nine teen hours of
continuing legal education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required to
travel outside the City of Brookings to other meetings or to perform legal services,
provided such travel is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree that
it is appropriate for the City Attorney to be responsive to residents of the city, the media,
other municipal attorneys, the municipal league and other public officials where
communication or an appropriate measure of assistance is in the best i nterest of the City.
7. Appointment and Compensation of Assistant City Attorney
It is further understood and agreed that Eric Rasmussen be appointed as Assistant City
Attorney, based upon the recommendation of the City Manager and City Attorney. The
term of office of the Assistant City Attorney shall coincide with the City Attorney’s term
of office and the scope of services shall be as set forth in this Legal Services
Agreement. The compensation for the Assistant City Attorney shall be paid in the
following manner:
a) If the City Attorney performs Fifty (50) or fewer hours of service per month, the
City Attorney will pay all of the compensation for the Assistant City Attorney.
b) If the City Attorney performs more than Fifty (50) hours of service per month,
then the City will reimburse the City Attorney for all of the fees paid by the City
Attorney to the Assistant City Attorney for the month.
SCOPE OF SERVICES FOR CITY ATTORNEY
FOR THE CITY OF BROOKINGS
The City Attorney shall perform the following services:
1. The City Attorney will attend all City Council meetings as the legal advisor for the
Brookings City Council, unless the absence is due to vacation or illness or the
subject matter does not require the assistance of counsel. If the City Attorney is
unable to attend, then the Assistant City Attorney shall attend.
2. Provide all necessary legal consultation services, including oral and written opinions
and research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions, except the Utility
Board and Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by
the City in circumstances where the City is not represented by legal counsel
assigned by its insurance company. Legal representation in litigation must be
authorized in each instance by the City Council and compensation will be in addition
to the monthly compensation as provided in Section 15 of this Scope of Services.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal
level.
7. Provide legal representation for the City before administrative bodies upon special
request by the City Council.
8. As requested, review all claims made against the City.
9. The City Manager will be notified when the City Attorney’s hours of legal services
reach forty (40) for the month to allow the City Manager to manage the total hours
for the remainder of the month.
10. Confer with colleagues who specialize in areas of law to establish and verify a basis
for legal proceedings; serve as a liaison between outside legal counsel and City
Officials on specialized legal issues.
11. Prepare a monthly written report to the City Manager of legal services performed
which includes a description of the service and the time required to perform the
service.
12. Assist the City Clerk and the private sector firm in Ordinance Codification.
13. The City Attorney will be an advisor to the labor negotiating staff and will review
labor contracts as required or requested.
14. Maintain professional awareness of current literature and changes in law and attend
continuing legal education to ensure the most efficient, cost-effective, and accurate
operation of the City Attorney’s Office.
15. Review proposed state legislation affecting the City and prepare or supervise the
preparation of state legislation relating to municipal and city government matters as
directed by the City Manager or City Council. Consult with City Council, the City
Manager and department heads in regard to such legislation and testify before
legislative boards as requested.
16. The City Attorney’s basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinan ces
will be compensated pursuant to the City Attorney’s basic fee. Fees for services in
a. and b. above will be as negotiated and agreed upon by the parties.
17. The Assistant City Attorney shall perform all services set forth in this Scope of
Services as directed by the City Attorney.
FIRST READING – Ordinance 22-041. An introduction and first reading was held on
Ordinance 22-041, an Ordinance Amending Ordinance Section 82-521, and Pertaining
to Maximum Duration of Parking in Public Parking Lots in the City of Brookings. Second
Reading: December 20, 2022.
Ordinance 22-039. A motion was made by Council Member Specker, seconded by
Council Member Wendell, that Ordinance 22-039, an Ordinance Authorizing Budget
Amendment No. 10 to the 2022 Budget, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and
Specker.
Ordinance 22-040. A public hearing was held on Ordinance 22-040, an Ordinance to
amend Chapter 94, Zoning of the City of Brookings pertaining to Sections 94-131, 94-
132, 94-133, 94-134, 94-135, 94-135.5, 94-136, 94-137, 94-161, and 94-399.1 for the
purposes of Amending the Maximum Allowable Heights in the B -1, B-2, B-2A, B-3, B-4,
B-5, I-1, I-1R and I-2 Districts and Associated Bufferyard Requirements. A motion was
made by Council Member Specker, seconded by Council Member Collins, that
Ordinance 22-040 be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Medical Cannabis Dispensary location change. A motion was made by Council
Member Collins, seconded by Council Member Wendell, that the change of location for
Shangri-la SD, LLC, Shangri-La Medical Cannabis Dispensary, from 129 and 133 Main
Avenue South to 1010 6th street, be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Doran, to enter into Executive Session at 7:10 p.m., pursuant to SDCL
1-25-2.1, for the purpose of discussing the qualifications, competence, performance,
character or fitness of any public officer or employee or prospective public officer or
employee. The term, employee, does not include any independent contractor. Present:
City Council, City Manager Paul Briseno, and Human Resources Director Susan Rotert.
The motion carried by a unanimous vote. A motion was made by Council Member
Doran, seconded by Council Member Wendell, to exit Executive Session at 7:59 p.m.
The motion carried by a unanimous vote.
Resolution 22-096. A motion was made by Council Member Avery, seconded by
Council Member Doran, that Resolution 22-096, a Resolution Amending the City
Manager’s Contract for 2023, be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Wendell, Collins, Tilton Byrne, Avery, Doran, and Specker.
Resolution 22-096 - Resolution Amending the City Manager’s Contract for 2023
Whereas, the purpose of this Resolution is to adjust the City Manager’s Contract for
2023; and
Whereas, the position of the City Manager is a position appointed by the City Council;
and
Whereas; the City Council has determined it is appropriate to increase the City
Manager’s salary 5%, resulting in a total annual salary of $170,107.43; and
Whereas, the City Council has determined it is appropriate to amend Section 12
(Retirement) of the City Manager’s contract as follows:
Section 12. Retirement
The City Manager participates in the South Dakota Retirement System (SDRS).
The City Manager participates monthly in SDRS with a 6% deduction, and the
City of Brookings will participate with a 6% match. In addition, the City shall also
contribute 9% of the City Manager’s compensation to a deferred compensation
plan selected by the City Manager.
The City agrees to transfer ownership of City Manager’s SDRS account to City
Manager’s future employer in the event of City Manager’s resignatio n or discharge.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
1) That the City Manger’s salary shall increase by 5% for 2023, resulting in a total
annual salary of $170,107.43; and
2) That Section 12 of the City Manager’s Contract shall be amended to include the
following provision:
Section 12. Retirement
The City Manager participates in the South Dakota Retirement System
(SDRS). The City Manager participates monthly in SDRS with a 6%
deduction, and the City of Brookings will participate with a 6% match. In
addition, the City shall also contribute 9% of the City Manager’s
compensation to a deferred compensation plan selected by the City
Manager.
The City agrees to transfer ownership of City Manager’s SDRS account to City
Manager’s future employer in the event of City Manager’s resignation or discharge.
Adjourn. A motion was made by Council Member Specker, seconded by Council
Member Doran, that this meeting be adjourned at 8:03 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0493,Version:1
Action on Volunteer Board, Committee, and Commission appointments.
Summary:
Mayor Niemeyer has submitted the following appointment recommendations for City Council advice
and consent:
Board of Appeals
Number of positions:1
Term length:5 years
Residency Requirement:Not Required
Purpose: The function of the Board of Appeals is to hear and decide on appeals or orders, decisions
or determinations made by the city building officials relative to the application and interpretation of the
Building Code, and to determine the suitability of alternate materials and methods of construction. All
members of the Board of must be qualified by training and experience to pass upon the matters
pertaining to building construction.
Mayor’s Recommendation:
1)Reappoint George Houtman
Brookings Disability Awareness Committee
Number of positions:3
Term Length:3 years
Residency Requirement:Required for 7 members
Purpose: The Brookings Disability Awareness Committee strives to advocate for the rights of people
who have disabilities in our community. Throughout the year, specific events are held to bring
awareness and information to our citizens. Technical assistance is provided to the business
community, private individuals, governmental entities and nonprofit organizations. This is a service
not provided by any other entity in Brookings. The goals of this service are to improve the quality of
life for people who have disabilities through enhancing the knowledge base of entities in the
community; and to further serve as a community-based advocacy group enhancing the ability of local
entities to comply with Federal Civil Rights legislation.
Mayor’s Recommendation:
1)Reappoint Ismael Collazo
2)Reappoint Ali Teesdale
3)Vacant seat to remain unfilled at this time.
Business Improvement District #1 Board
Number of positions:2
Term Length:3 years
Residency Requirement:Not required
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File #:ID 22-0493,Version:1
Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of
improvements for a district and provide improvement recommendations to the City Council. The
boundaries of Business Improvement District #1 are defined as non-contiguous properties to include
all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings.
Mayor’s Recommendation:
1)Reappoint Kate Treiber
2)Reappoint Lynda Pierce
Historic Preservation Commission
Number of positions:2
Term Length:3 years
Residency Requirement:Required
Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a
comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment
of the citizens of Brookings through identification, documentation, preservation, promotion, and
development of the city’s historic resources.
Mayor’s Recommendation:
1)Reappoint Nathaniel Condelli
2)Reappoint Matthew Weiss
Human Rights Commission
Number of positions:3
Term Length:3 years
Residency Requirement:Not required
Purpose: The Human Rights Commission has the power to investigate alleging discrimination.
Other programs include: The study of the existence, character, causes and extent of discrimination
in employment, housing and public accommodations, property rights, education and public services;
Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and
County; Advise City officials concerning issues of discrimination; Conducting educational programs
and disseminates information to further the commission’s policy to eliminate discrimination in the city.
Mayor’s Recommendation:
1)Reappoint Dianne Nagy
2)Reappoint Erica Moore
3)Reappoint Amanda Fickes
Library Board
Number of positions:2
Term Length:3 years
Residency Requirement:Required
Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of
business and development of policies for the Brookings Public Library materials, the governance of
the library and the use of the public library services and materials.
Mayor’s Recommendation:
1)Reappoint Kathy Miller
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2) Appoint Brittany Shaw
Planning Commission
Number of positions:3
Term Length:5 years
Residency Requirement:Required
Purpose: The City Planning Commission is responsible for the city comprehensive plan for the
physical development of the city, including areas outside the boundaries of the city and within the
planning jurisdiction.
Mayor’s Recommendation:
1) Reappoint Roger Solum
2) Appoint Kayla Lounsbury
3) Appoint Scot Leddy
Public Arts Commission
Number of positions:4
Term Length:3 years
Residency Requirement:Required for Majority
Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A
dedicated funding source for an established program of public art enhances the reputation of a city
and serves as a vehicle for attracting new businesses and citizens. A public art program encourages
a community’s artists and citizens to engage in creative activities and artistic development. A public
arts commission can develop and implement a unified public art strategy for a community.
Mayor’s Recommendation:
1) Reappoint Jamison Lamp
2) Appoint D’Shaun Herman
3) Appoint Abigail Ramsbottom
4) Appoint Betty Beer
Sustainability Council
Number of positions:3
Term Length:3 years
Residency Requirement:Required for Majority
Purpose: The purpose of the Sustainability Council is to investigate, propose, educate,
communicate, and advocate investment strategies and policies that will improve our future qualities
of life while still meeting the needs of the present.
Mayor’s Recommendation:
1) Reappoint Emile Abele
2) Reappoint Betty Beer
3) Vacant seat to remain unfilled at this time.
Swiftel Center Advisory Committee
Number of positions:3
Term Length:3 years
Residency Requirement:Not required
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Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city
council, however it shall, in particular, advise the city concerning marketing, operational issues and
management of the Swiftel Center, and in particular, shall advise and assist the city in the
performance of contracts between the City of Brookings and County of Brookings, and between the
City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center.
Mayor’s Recommendation:
1)Reappoint Jeff Holm
2)Appoint Elena McKeown
3)Appoint Kyleigh Cramer
Traffic Safety Committee
Number of positions:3
Term Length:3 years
Residency Requirement:Required for Majority
Purpose: The Traffic Safety Committee will develop and implement coordinated traffic safety
programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer
and the City Council as a whole in the coordination of traffic safety activities of the official agencies
and departments of the City of Brookings; establishing safety priorities for the City; reviewing and
approving project applications for funding; serving in a liaison capacity between the City of Brookings
and the South Dakota Highway Safety Program in developing the State Highway Safety Program and
in meeting the National Highway Safety Program Standards; promoting public acceptance of official
programs proposed or instigated by the City; fostering public knowledge and support of traffic law
enforcement and traffic engineering problems; cooperating with city schools in promoting educational
traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of
traffic accidents, injuries and deaths on the city streets.
Mayor’s Recommendation:
1) Reappoint Brian Lueders
2) Vacant seat to remain unfilled at this time.
3) Vacant seat to remain unfilled at this time.
Recommendation:
Staff recommends approval.
City of Brookings Printed on 12/21/2022Page 4 of 4
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-094,Version:1
Action on Resolution 22-094, a Resolution declaring surplus property for the City of Brookings.
Summary:
The City of Brookings is the owner of the described equipment stated within the attached Resolution.
This property is being declared surplus property according to SDCL Chapter 6-13. Council action is
required to declare these items surplus.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 12/21/2022Page 1 of 1
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Resolution 22-094
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Public Works – Street Dept.: Brother Fax 2820, Serial #U61325F7N131424
Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose
of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of said surplus
property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6 -13.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
___________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0494,Version:1
Action on annual renewals for Medical Cannabis Establishment Licenses in the City of Brookings.
Summary:
Each Medical Cannabis Establishments licensed by the City shall terminate on the last day of each
calendar year.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Medical Cannabis Establishment List
Ordinance 21-028 - Licensing Procedures
Resolution 21-075 - Licensing Fees
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 20, 2022
Subject: Medical Cannabis Establishment Renewals
Summary:
Each Medical Cannabis Establishment licensed by the City shall terminate on the last
day of each calendar year.
Background:
Ordinance 21-028, Section 24, outlines the License renewals / expiration of license
procedures.
Item Details:
The following Medical Cannabis Renewal Applications have been received:
Silver Creek Trading Co., dba Cannabis Connection – 1304 6th Street
TK Cannabis LLC, dba Prairie Grass – 310 7th Street West
Shangri-la SD, dba Shangri-la Dispensary – 1010 6th Street
Déjà Vu SD – 604 1st Avenue
Silver Creek Trading Co., dba Cannabis Connection, is the only establishment currently
opened. They opened for business on November 29th.
Legal Considerations:
None.
Strategic Plan Consideration:
Economic Growth – renewal of Medical Cannabis Establishments will result in the
availability of medical cannabis for those in need.
Financial Consideration:
As set in Resolution 21-075:
Medical Cannabis Annual Renewal Fee of $5,000
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
Staff recommends approval.
Supporting Documentation:
Medical Cannabis – Summary
Ordinance 21-028
Resolution 21-075
Approved Medical Cannabis establishments in the City of Brookings
Business Location Legal CC Action date Approving
Resolution
1. Déjà vu SD LLC 604 1st Ave. Lot 1 & 2, Block 1, Oyloes
Addition
12/14/2021 Resolution
21-117
2. TK Cannabis LLC,
dba Prairie Grass
310 7th St.
West
South 100’ of Lot 3, Block 1,
Snyders Addition
1/12/2022 Resolution
22-006
3. Shangri-La SD, LLC,
dba Shangri-La
Dispensary
129 and 131
Main Ave. So.
North half of Lot 13, all of Lots
14 and 15, Block 3, Folsom
Addition
2/8/2022 Resolution
22-013
4. Silver Creek
Trading Co., LLC,
dba Cannabis
Connection
1304 6th St. Gatzke Family Addition, Lot 1 9/27/2022 Resolution
22-077
5.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0500,Version:1
City of Brookings Employee Service Awards Recognition.
Summary:
There were 16 City of Brookings employees recognized with Service Awards in 2022. These
employees will not be present at the City Council meeting.
Attachments:
Longevity List
Presentation
City of Brookings Printed on 12/21/2022Page 1 of 1
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Employee Name Department Years of Service
Tim Huber Solid Waste Disposal 25
Sarah Keizer Community Development 20
Paul Erickson Parks, Recreation & Forestry 20
William DeBlonk Parks, Recreation & Forestry 15
Christina Larson Police Dept. 15
Brian Franklin Police Dept. 15
Calvin Cook Solid Waste Collection 15
Alice Hayes Library 10
Andrew Ekeland Liquor Store 10
Jonathan Weinrich Police Dept. 10
Nancy Swenson Library 5
Rhett Larsen Police Dept. 5
Jacob Vukovich Police Dept. 5
Travis Asmus Police Dept. 5
Eric Lee Police Dept. 5
Martin Wagner Street Dept. 5
7. PRESENTATIONS / REPORTS -
7.A. Longevity Awards
-Recognizing those employees who have been with
the City for 5 years or more.
Thank you for your service to the City of Brookings!
7.A. Longevity Awards
-Community Development
Department
Sarah Keizer 20 years
7.A. Longevity Awards
-Brookings Public Library
Alice Hayes 10 Years
Nancy Swenson 5 Years
7.A. Longevity Awards
-Brookings Municipal Liquor Store
Andrew Ekeland 10 Years
7.A. Longevity Awards
-Parks, Recreation &
Forestry Department
Paul Erickson 20 Years
William DeBlonk 15 Years
7.A. Longevity Awards
-Police Department
Christina Larson 15 Years
Brian Franklin 15 Years
Jonathan Weinrich 10 Years
Rhett Larsen 5 Years
Jacob Vukovich 5 Years
Travis Asmus 5 Years
Eric Lee 5 Years
7.A. Longevity Awards
-Solid Waste / Landfill
Department
Tim Huber 25 Years
Calvin Cook 15 Years
7.A. Longevity Awards
-Street Department
Martin Wagner 5 Years
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-095,Version:1
Action on Resolution 22-095, a Resolution Authorizing Change Order No. 1 for 2022-05STI Main
Avenue South and 8th Street South Intersection Reconstruction; Bowes Construction, Inc.
Summary:
The 2022-05STI Main Avenue South & 8th Street South Intersection Reconstruction has been
completed. Additional work requested by the contractor included: the rental of message boards,
thermoplastic line painting, and utility work that is to be paid by others. Some of these quantities will
be measured and paid as normal under the original contract while other bid items were provided with
new pricing resulting in additions and subtractions to the contract.
Fiscal Impact:
The contract will be increased by $61,359.45 to include these additions to the project. The additional
costs are split between City and Brookings Municipal Utilities.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Charlie Richter, City Engineer
Council Meeting: December 20, 2022
Subject: Resolution 22-095: Change Order No. 1 for 2022-5STI Main
Avenue South & 8th Street South Intersection Reconstruction
Project; Bowes Construction, Inc.
Person(s) Responsible: Charlie Richter, City Engineer
Summary:
The 2022-5STI Main Avenue South & 8th Street South Intersection Reconstruction
Project is completed. Additional work has been added to the contract with Bowes
Construction, Inc., including rental of message boards, thermoplastic line painting, and
utility work. This Change Order also includes the final adjustment of measured
quantities in the original base bid.
Background:
This project is designed as an improvement to the pavement conditions and traffic
signals at the intersection of 8th Street South and Main Avenue South. To improve
communications with the public that use this intersection, City staff rented variable
message boards and placed them near the intersection before the start of the project.
As part of a new City initiative to improve the quality of line painting on roads, the City
replaced the standard specifications for paint used on crosswalks and arrows with
thermoplastic material. The additional cost of the thermoplastic material is part of this
change order. In addition to the items listed about, several business owners
approached the City and Brookings Municipal Utilities to replace aging water and sewer
services. Those costs are also addressed in this change order.
Item Details:
The original 2022-05STI Main Avenue South & 8th Street South Intersection
Reconstruction Project contract with Bowes Construction, Inc., will be adjusted to
account for the measured as-built quantities, the message board rental, thermoplastic
materials, and utility work, as follows:
Original Contract Price: $612,262.45
Change from Previously Approved Change Orders: $0.00
Increase of this Change Order (No. 1): $61,359.45
Contract Price incorporating this Change Order: $673,621.90
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability: The street maintenance program furthers the accomplishment of City
Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt
material that is removed from the street is ground up and recycled for granular surfacing
or used in the hot asphalt on other projects. The concrete pavement will reduce the
future maintenance on the intersection, saving staff and maintenance resources.
Financial Consideration:
The contract with Bowes Construction will be increased by $61,359.45 as a result of this
Change Order. The additional costs are split between the City and BMU and falls within
the respective budgeted amounts.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Resolution 22-095
Resolution Authorizing Change Order No. 1, for
2022-05STI Main Avenue and 8th Street South Intersection Reconstruction;
Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2022-
05STI Main Avenue and 8th Street South Intersection Reconstruction Project:
Construction Change Order Number 1: Adjust plan quantities to include additional
work. The work being added includes the rental of message boards, thermoplastic line
painting, and utility work. The total price increase in the contract for these changes is
$61,359.45.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-043,Version:2
Public Hearing and Action on Ordinance 22-043, an Ordinance Rezone 18.84 acres of BMU WTP
Addition.
Summary:
Brookings Municipal Utilities has submitted a petition to rezone 18.84 acres of land located along 34 th
Avenue from Joint-Jurisdiction Agriculture to I-1 Light Industrial.
Recommendation:
DRT and Staff recommend approval.
The Planning Commission voted 8 - 0 recommending approval.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
I-1 Zoning Excerpt
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: December 20, 2022 / January 10, 2023
Subject: Rezone 18.84 acres of BMU WTP Addition
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Brookings Municipal Utilities (BMU) has submitted a petition to rezone 18.84 acres of
land located along 34th Avenue from Joint-Jurisdiction Agriculture to I-1 Light Industrial.
Background:
In October 2022, BMU submitted a petition for annexation for 18.84 acres of land. The
land will be the future location of a water treatment plant to soon be constructed. The
land is currently zoned Joint Jurisdiction Agriculture; however, whenever annexation
occurs, future zoning of the land should be considered in o rder to select an appropriate
City zoning district. BMU has identified the Industrial I-1 Light District as the preferred
zoning district to best match the semi-industrial look and feel of a water treatment plant,
as well as tie into the existing zoning of the 32nd Avenue / 34th Avenue Industrial Park.
Prior to being rezoned, an amendment to the Comprehensive Plan’s Future Land Use
Map should be approved to an appropriate future land use classification. BMU has
submitted a proposed amendment of the land from Urban Medium to Civic land use,
which would support the rezone and intended land use.
Item Details:
The property is currently zoned Joint Jurisdiction Agriculture. Property to the west
across 34th Avenue is zoned I-1. Property to the south is zoned both I-1 and Joint
Jurisdiction Agriculture. Property to the east and north are zoned Joint Jurisdiction
Agriculture.
A water treatment plant would be a permitted use within the Industrial I-1 Light District
as a public utility facility.
Legal Consideration:
None
Strategic Plan Consideration:
Service and Innovation Excellence – The project will support BMU’s efforts to build a
new water treatment plant.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
DRT and Staff recommend approval.
The Planning Commission voted 8 - 0 recommending approval.
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
I-1 Zoning Excerpt
Ordinance 22-043
An Ordinance to Change the Zoning Within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State
of South Dakota, described as follows, to-wit:
the North 18.84 Acres of Tract 1 of BMU WTP Addition, in the NW ¼ and the SW ¼
of Section 20, Township 110 North, Range 49 West of the 5th P.M., Brookings
County, South Dakota, from a Joint Jurisdiction Agriculture District to an Industrial I-
1 Light District.
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: December 20, 2022
Second Reading and Adoption: January 10, 2023
Published: January 13, 2023
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING
Ordinance 22-043
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, January 10, 2023, in the
Brookings City & County Government Center Chambers, 520 Third Street, to consider
adoption of a revision to the City Code of Ordinances, entitled Ordinance 2 2-043, an
Ordinance to Rezone 18.84 acres of BMU WTP Addition. At which time and place all
persons interested will be given a full, fair and complete hearing thereon. Dated in
Brookings, South Dakota, this 23rd day of December, 2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Brookings Municipal Utilities has submitted a
petition to rezone the following described real estate in the City of Brookings and
Brookings County, South Dakota:
Tract 1 of BMU WTP Addition, in the NW ¼ and the SW ¼ of Section 20, Township
110 North, Range 49 West of the 5th P.M., Brookings County, South Dakota.
The request is to rezone the above described real estate from Agriculture District to
Industrial I-1 District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, December 6, 2022, in the Chambers Room on the
third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 25th day of November, 2022.
_____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
December 6, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
December 6, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, James Drew, Kyle Jamison, Gregg
Jorgenson, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent was Jacob Mills. Also
present were City Planner Ryan Miller, Community Development Director Mike Struck, Dusten
Hendrickson, Barnaby Wainman, Wade Price, Justin Bucher, and Eric Witt.
Item #8a – Brookings Municipal Utilities submitted a petition to rezone Tract 1 of BMU WTP Addition,
in the NW ¼ and the SW ¼ of Section 20, Township 110 North, Range 49 West of the 5th P.M.,
Brookings County, South Dakota. The request is to rezone from Agriculture District to Industrial I-1
District.
OFFICIAL SUMMARY
Item #8a – The request is to rezone 18.84 acres. This land is currently zoned Joint Jurisdiction
Agriculture and the request is to I-1 Light Industrial.
B MU WTP R ez on e
396 ft
I-1
I-1
B-3
A
B-3
B-3 B-3
I-1
PDD
I-1R
B-4
B-4
A A
I-1
B-2
B-5
JJ-A
Zoning Map
11/3/2022
0 0.14 0.280.07 mi
0 0.23 0.450.11 km
1:11,611
Business Park
Industrial
Urban Medium
Urban High
Urban Reserve
Civic
Future Land Use Map
11/3/2022
0 0.14 0.280.07 mi
0 0.23 0.450.11 km
1:11,611
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 22-041,Version:2
Public Hearing and Action on Ordinance 22-041, an Ordinance Amending Ordinance Section 82-521,
and Pertaining to Maximum Duration of Parking in Public Parking Lots in the City of Brookings.
Summary:
Ordinance 22-041 would allow for the designation of 48-hour maximum duration of parking for public
parking lots.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Ordinance
Current City Code
Joint Cooperative Agreement
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Jacob Meshke, Deputy City Manager
Council Meeting: December 13, 2022 / December 20, 2022
Subject: Ordinance 22-041: Maximum Duration of Parking – 48 Hours
Presenter: Jacob Meshke, Deputy City Manager
Summary:
Ordinance 22-041 would allow for the designation of 48-hour maximum duration of
parking for public parking lots.
Background:
Current City Ordinance allows for the designation of public parking lots as having a
maximum duration of either 24-hour or 72-hours.
The City of Brookings and Brookings County have a joint cooperative agreement for the
operation of the Brookings City and County Government Center. The Government
Center Advisory Committee, consisting of two (2) members representing the City of
Brookings and two (2) members representing Brookings County, meets periodically for
the purpose of discussing the operation of the building and grounds.
Item Details:
Ordinance 22-041 would allow for the designation of 48-hour maximum duration of
parking for public parking lots.
The Government Center Advisory Committee for the Brookings City / County
Government Center provided a recommendation for signing the west parking lot as
public parking to create awareness as well as placing a 48 -hour maximum duration of
parking for the lot.
Legal Consideration:
City Attorney Britzman drafted the Ordinance.
Strategic Plan Consideration:
Service and Innovation Excellence – Bringing greater awareness to utilize the public
parking lot at the Brookings City and County Government Center.
Financial Consideration:
Financial impact would be minimal and limited to the expenditure of installing and
maintaining signage and revenue from any parking fees/fines.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss / take no action / table
Staff recommends approval of the ordinance as presented.
Supporting Documentation:
Memo
Ordinance
Current City Code
Joint Cooperative Agreement
Ordinance 22-041
An Ordinance Amending Ordinance Section 85-521, and Pertaining to Maximum
Duration of Parking in Public Parking Lots in the City of Brookings
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
That Ordinance Section 82-521 of the City of Brookings is hereby amended to
read as follows:
Section 82-521. Maximum duration of parking.
Except as provided in section 82-525 of this division, no vehicle shall be parked for
a period of time in excess of 72 hours at any one location in public parking lots owned,
operated or under the control of the city, except any parking lot designating that parking
is limited to 24 hours or 48 hours at any one location, in which case no vehicle shall be
parked for a period of time in excess of 24 hours at any one location in lots where
parking is limited to 24 hours, or 48 hours at any one location where parking is limited to
48 hours.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: December 13, 2022
Second Reading: December 20, 2022
Published: December 23, 2022
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
TRAFFIC AND VEHICLES § 82-560
DMSION 4. MUNICIPAL PARKING LOTS
~ Sec. 82-521. Maximum duration of parking.
Except as provided in section 82-525 of this division, no vehicle shall be parked for a
period of time in excess of72 hours at any one location in public parking lots owned, operated
or under the control of the city, except any parking lot designating that parking is limited to
24 hours at any one location, in which case no vehicle shall be parked for a period of time in
excess of 24 hours at any one location.
(Code 1996, § 34-301; Ord. No. 18-012, § I, 9-25-2018)
Sec. 82-522. Size of vehicles.
No truck, automobile or other vehicle of an overall length of more than 22 feet or a width
of more than eight feet shall be parked in any municipal parking lot.
(Code 1996, § 34-302; Ord. No. 18-012, § I, 9-25-2018)
Sec. 82-523. Prohibited activities.
No person shall sell or offer for sale from any wagon, automobile, truck or other vehicle or
from stands, within a municipal parking lot, any fruit, vegetables, produce, goods, wares or
merchandise of any kind or character.
(Code 1996, § 34-303; Ord. No. 18-012, § I, 9-25-2018)
Sec. 82-524. Removal of vehicles.
Any vehicle parked in violation of the provisions of this article which regulates the use of
municipal parking lots may be removed from such parking lot by the police department, or
its authorized representative, and placed in public storage, and the owner of such vehicle, in
addition to the fine provided for the violation of city ordinance, shall pay the charges for
towing and storage of such vehicle so removed by the police department or its authorized
representative.
(Code 1996, § 34-304; Ord. No. 18-012, § I , 9-25 -2018)
Sec. 82-525. Permit parking.
The city may designate certain parking spaces in municipal parking lots as parking by
special permit only. The duration of parking in parking spaces d esignated as permit parking
spaces shall be determined by the city's parking permit program and shall not be subject to
the maximum duration provided in section 82-521 of this division.
(Ord . No. 18 -012, § I, 9-25-2018)
Secs. 82-526-82-560. Reserved.
Supp. No. 8 CD82:47
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0498,Version:1
Public Hearing and Action on a request to change the On-Sale Liquor Operating Agreement with Den
-Wil Hospitality Group, Inc., Dennis Bielfeldt, owner, to doing business as Boss’s Pizza at 2515 6 th
Street, Brookings, SD.
Summary:
The City of Brookings has received an application to change the On-Sale Liquor Operating
Agreement with Den-Wil Hospitality Group, Inc., Dennis Bielfeldt, owner, from doing business as
(dba) The Lodge, to dba Boss’s Pizza at the 2515 6th Street location. Legal description: Block 12,
Telkamp Addition. All required documents have been submitted for this application.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Operating Agreement
Legal Notice
Location Map
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 20, 2022
Subject: On-Sale Liquor Operating Agreement dba change
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application to change the On-Sale Liquor
Operating Agreement with Den-Wil Hospitality Group, Inc., Dennis Bielfeldt, owner, from
doing business as (dba) The Lodge, to dba Boss’s Pizza at the 2515 6th Street location.
All required documents have been submitted for this application.
Background:
The City of Brookings enters into Operating Agreements with holders of On-Sale Liquor
Licenses. A change to the owner or dba on the License and Operating Agreement
requires a public hearing and Council action.
Item Details:
Den-Wil Hospitality Group, Inc., Dennis Bielfeldt, owner, is entering into a Restaurant
Management Agreement with Boss’s Pizza for the 2515 6th Street location. Den-Wil
Hospitality Group, Inc., will retain the ownership of the On-Sale Restaurant Liquor
License (RR-26776), will report sales tax, and retain use of Den-Wil Hospitality Group,
Inc., Employer Identification Number.
Council approval will allow an update to the City’s Liquor Operating Agreement stating
Den-Wil Hospitality, Inc. as dba Boss’s Pizza at 2515 6th Street, Brookings, SD. If
approved, the State Department of Revenue will be notified of the dba change.
Legal Considerations:
City Attorney Steve Britzman has reviewed this item.
Strategic Plan Consideration:
Economic Growth – This is an opportunity for a local business (Den-Wil Hospitality
Group, Inc.) to change its restaurant to a well-known local restaurant franchise and
continue to serve its hotel guests and the general public.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Refer to a Study Session
5. Discuss / take no action / table
Staff recommends approval.
Supporting Documentation:
Operating Agreement
Legal Notice
Location Map
ON-SALE LIQUOR OPERATING AGREEMENT
Den-Wil Hospitality, Inc., dba Boss’s Pizza
10-year Agreement
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and Den-Wil Hospitality, Inc., Dennis Bielfeldt, owner, dba Boss’s
Pizzeria, hereinafter referred to as “Manager.” The City and Manager are referred to as
the “parties” herein.
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on -sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
1.
This Agreement is made and entered into on a limited basis between the parties to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement and in accordance with all State
laws and City Ordinances now in effect and as may be enacted in the future.
2.
The Manager shall be individually responsible for all operating expenses of said on -sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
3.
The on-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Block 12, Telkamp Addition, City of Brookings, Brookings County, South Dakota
4.
The Manager shall dispense only alcoholic beverages supplied by the Municipal off -sale
establishment.
5.
This Agreement shall be in full force and effect for a period of five (5) years with the
Manager having the option and privilege of one five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
6.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal off -sale establishment to be sold on the premises of Manager.
7.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
8.
The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by
the City to the Manager for resale on the above-described premises, the actual cost of
distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of
such cost; the Manager shall pay to the City for all malt beverages sold by the City to
the Manager for resale on the above-described premises, the actual cost of malt
beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include
cost price and transportation charges. The markup percentages provided in this
Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supercede the markup percentages provided herein. The Manager
further agrees that if either of the markup percentages shall be increased at any time by
the City, the Manager shall pay the markup as so increased.
9.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item , and such invoice shall bear the
signature of the authorized representative of the on -sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
10.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fe e
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
11.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
12.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City which are eligible to be returned, and to receive in return any deposit
made for such alcoholic beverages; in the event of termination of the business, all
unused alcoholic beverages, which may be resold without discount may be returned to
the City and the Manager shall be reimbursed for the cost of such alcoholic beverages.
13.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
14.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
15.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
16.
The City covenants and agrees to furnish the on -sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
17.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
18.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
19.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 20th
day of Decmeber, 2022.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Paul Briseno, City Manager
ATTEST:
Bonnie Foster, City Clerk
MANAGER
By:
Operating Agreement / Business Owner
Representative
NOTICE OF PUBLIC HEARING
On-Sale Liquor Operating Agreement Transfer
Boss’s Pizza
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on December 20, 2022, at 6:00 p.m. in the Brookings
City & County Government Center Chambers, 520 Third Street, will meet in
regular session to consider an application to transfer the On-Sale Liquor
Operating Agreement with Den-Wil Hospitality Group, Inc., Dennis Bielfeldt,
owner, from dba The Lodge, to dba Boss’s Pizza. Address: 2515 6th Street,
Brookings, SD. Legal description: Block 12, Telkamp Addition. At which time
and place all persons interested will be given a full, fair and complete hearing
thereon.
Dated at Brookings, South Dakota, this 9th day of December, 2022.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost $ .
B rook ings County, SD
Developed by
Par cel ID 405950120000000
Sec/T wp/Rng --
Pr oper ty Address 2515 6TH ST
BROOKINGS
Alter na te ID n/a
Class NADC
Acr ea ge n/a
Ow ner Address 25TH AVE LL C
910 4TH ST
BROOKINGS SD 57006
Distr ict 4001
Br ief T ax Descr iption TEL KAMP ADDITION, BLK 12 4.89 AC
(Note: Not to be used on leg a l documents)
Date created: 12/13/2022
Last Data Uploa ded: 12/13/2022 8:08:47 AM
390 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-102,Version:1
Public Hearing and Action on Resolution 22-102, a Resolution Accepting and Awarding the Bid for
Recyclable Processing and Marketing.
Summary:
On November 25, 2022 staff published a request for proposals (bid number 2022-38) for processing
and marketing of the City of Brookings residential single stream recyclable materials. The required
public notices were published in the Brookings Register on November 25, 2022 and December 2,
2022. A bid letting was conducted at 1:30 pm on Tuesday, December 6, 2022 and the following bid
was received:
Cook’s Wastepaper & Recycling $60.00 per ton
Approval of the recommended actions are in compliance with the requirements of the South Dakota
Codified Laws. The agreement has been reviewed by the City Attorney as to legal form.
Recommendation:
1.)Adopt Resolution to accept and Award bid for processing and marketing of the City of
Brookings residential single stream recyclable materials to Waste Connections of South
Dakota, Inc. dba Cook’s Wastepaper & Recycling in the amount of $60 per ton; and
2.)Authorize the City Manager to execute an agreement with Waste Connections of South
Dakota, Inc. dba Cook’s Wastepaper & Recycling for a term of five (5) years at $60.00 per ton.
Attachments:
Memo
Resolution
City of Brookings Printed on 12/21/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: John R. Thompson, Public Works Director
Council Meeting: December 20, 2022
Subject: Resolution 22-102: Agreement for processing and
marketing the City of Brookings residential single stream
recyclable materials
Person(s) Responsible: John R. Thompson, Public Works Director
Summary:
In November, staff published a request for proposals for processing and marketing of
the City of Brookings residential single stream recyclable materials. One bid was
received from Cook’s Wastepaper & Recycling in the amount of $60 per ton. This
agenda item recommends that the City accept the bid and award a five (5) year contract
to Cook’s Wastepaper & Recycling for the service.
Background:
The City of Brookings implemented residential single stream recycling in 2008. Since
then the City has solicited bid proposals every five (5) years for the processing and
marketing of the City’s recyclable materials. The current agreement with Cook’s
Wastepaper & Recycling terminates on December 31, 2022.
Currently the City has approximately 4,500 active accounts and collects an average of
860 tons of recyclable materials per year.
Item Details:
On November 25, 2022 staff published a request for proposals (bid number 2022-38) for
processing and marketing of the City of Brookings residential single stream recyclable
materials. The required public notices were published in the Brookings Register on
November 25, 2022 and December 2, 2022.
A bid letting was conducted at 1:30 pm on Tuesday, December 6, 2022 and the
following bid was received:
Cook’s Wastepaper & Recycling $60.00 per ton
Legal Consideration:
Approval of the recommended actions are in compliance with the requirements of the
South Dakota Codified Laws and the agreement has been reviewed by the City Attorney
as to legal form.
Strategic Plan Consideration:
Providing a single stream recycling program to the City of Brookings residents aligns
with the strategic initiative of sustainability.
Financial Consideration:
The costs associated with this item and agreement are included in the Solid Waste
Collection/Recycle, fund #612, adopted 2023 fiscal year budget. The bid price of
$60.00 per ton is equal to the current price per ton the City is paying for the processing
and marketing of recyclable materials. The annual estimated cost is $51,600 ($60/ton x
860 tons).
Options:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Discuss / take no action / table
Recommendation:
1. Adopt Resolution to accept and award bid for processing and marketing of the
City of Brookings single stream recyclable materials to Waste Connections of
South Dakota, Inc. dba Cook’s Wastepaper & Recycling in the amount of $60.00
per ton; and
2. Authorize the City Manager to execute an agreement with Waste Connections of
South Dakota, Inc., dba Cook’s Wastepaper & Recycling for a term of five (5)
years at $60.00 per ton.
Supporting Documentation:
Resolution
Resolution 22-102
Resolution Accepting and Awarding the Bid
for Recyclable Processing and Marketing
Whereas on November 25, 2022 the City of Brookings solicited bid proposals for the
processing and marketing of the City’s residential single stream recyclables; and
Whereas on December 6, 2022 the City of Brookings received one responsive bid
from Waste Connections of South Dakota, Inc., dba Cook’s Wastepaper & Recycling,
which provides that the City of Brookings pay the sum of $60 per ton of recyclable
material processed and marketed; and
Whereas the City of Brookings, South Dakota, intends to enter into an agreement with
Waste Connections of South Dakota, Inc., dba Cook’s Wastepaper & Recycling for a
period of five (5) years, commencing January 1, 2023; and
Whereas a Public Hearing on this Resolution was held on December 20, 2022 at 6:00
o'clock P.M. in the Chambers of the City & County Government Center and all
persons were given an opportunity to be heard on this Resolution.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings accepts the bid of $60 per ton submitted by Waste
Connections of South Dakota, Inc. dba Cook’s Wastepaper & Recycling and
intends to enter into an agreement with Waste Connections of South Dakota,
Inc. dba Cook’s Wastepaper & Recycling as set forth above; and
B. That the City Manager is authorized to execute the Agreement in accordance
with this Resolution.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-097,Version:1
Public Hearing and Action on Resolution 22-097, a Resolution of Intent to Lease Real Property at
Brookings Airport to M&C Partners, LLC.
Summary:
The City is renewing a hangar lease with M&C Partners LLC for 4,032 square feet located on Site
117A & 117 B at the Brookings Regional Airport in Section 26 and 27, T110N, R50W in the City of
Brookings. The lease will be for a 25-year term and the 2023 lease rate will be $0.14/square foot for
a lease amount of $564.48. The lease amount will be increased by 2% annually and subject to
review every five years. The lease has been reviewed by the City Attorney as to legal form.
The notice of public hearing was published on December 9, 2022 as required as per SDCL 9-12-5.2.
Recommendation:
1.)Adopt Resolution of Intent to Lease Real Property to M&C Partners LLC, and
2.)Authorize City Manager to execute lease agreement.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 12/21/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Charlie Richter, City Engineer
Council Meeting: December 20, 2022
Subject: Resolution 22-097: Intent to Lease Real Property at
Brookings Airport to M&C Partners LLC
Person(s) Responsible: Lucas Dahl, Airport Manager
Summary:
The City is renewing a land lease with M&C Partners LLC for 4,032 square feet located
on Site 117A & 117B at the Brookings Regional Airport in Section 26 and 27, T110N,
R50W in the City of Brookings for a 25-year term. The 2023 lease rate will be
$0.14/square foot for a lease amount of $564.48. The lease amount will be increased
by 2% annually and subject to review every five years.
Background:
M&C Partners LLC has been leasing this hangar site since 2012. The lease area is
4,032 square feet located on Site 117A and 117B at the Brookings Regional Airport.
The previous lease was for a five-year term. The City updated the lease format for a
25-year term for all hangar lease renewals. The 2023 lease rate will be $0.14/square
foot which will be increased by 2% annually and subject to review every five years to
determine a new percentage increase.
Item Details:
A public hearing is required as per SDCL 9-12-5.2 to lease to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
The Notice of Public Hearing was published as required on December 9, 2022.
Legal Consideration:
The lease has been reviewed by the City Attorney as to legal form.
Strategic Plan Consideration:
The hangar lease furthers the strategic initiative of Fiscal Responsibility, whereby the
City receives revenue from the lease.
Financial Consideration:
The City will receive $564.48 in revenue for 2023 which will be increased at 2% per
year. The annual increase will be reviewed every five years throughout the lease.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Notice
Map
Resolution 22-097
A Resolution of Intent to Lease Real Property at Brookings Airport
to M&C Partners LLC
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with M&C Partners LLC for a period of
25-years, commencing on January 1, 2023 and ending December 31, 2047 and
pertaining to the following described property:
4,032 square feet on Site 117A and 117B at the Brookings Brookings Regional Airport,
in Section 26 and 27, T110N, R50W in the City of Brookings, Brookings County, South
Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2023 lease amount will be five
hundred sixty four dollars and forty eight cents ($564.48).
Be It Further Noted, that a Public Hearing on this Resolution was held on December 20,
2022 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings enter into a Lease Agreement with M&C Partne rs LLC as
set forth above; and
B. That the City Manager is authorized to execute the Lease Agreement in
accordance with this Resolution.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
____________________________
Oepke G. Niemeyer, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Notice of Public Hearing On Adoption of Resolution Of Intent To Lease Real Property at
Brookings Regional Airport to M&C Partners LLC
Notice Is Hereby given that on Tuesday, December 20, 2022 at 6:00 o’clock P.M., the
Brookings City Council will hold a public hearing in the Chambers, Brookings City and
Government Center, 520 3rd Street, Brookings, South Dakota, on Resolution of Intent to
Lease to M&C Partners LLC the following property:
4,032 square feet on Site 117A and 117B at the Brookings Regional Airport, in Section
26 and 27, T110N, R50W in the City of Brookings, Brookings County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given an
opportunity to express their views for or against the proposal to lease the above described
property.
Dated this 9th day of December, 2022.
Bonnie Foster, City Clerk
Published ___ time(s) at an approximate cost $___________.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the
meeting.
M&C Partners Lease Site
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-092,Version:1
Public Hearing and Action on Resolution 22-092, a Resolution of Intent to Lease Real Property to
Lyle Bothe for Agricultural Haying in Section 11-T109N-R50W (Main Avenue South & 32 nd Street
South).
Summary:
On November 18, 2022 staff published a bid solicitation for 18 acres of public land for agricultural
haying in Section 11-T109N-R50W (Main Avenue South & 32nd Street South). A bid letting was
conducted at 1:30 pm on Tuesday, December 6, 2022, and the following bids were received:
Lyle Bothe $100.00 per acre
MC Hay $ 77.50 per acre
David Berndt $ 61.00 per acre
David Bauer/Bauer Farms $ 50.05 per acre
Approval of the recommended actions are in compliance with the requirements of the South Dakota
Codified Laws § 9-12-5.2 and allow the City to enter into an agreement with Lyle Bothe for the 2023
City Hay Lease in Section 11-T109N-R50W at $100.00 per acre. The term of the agreement will be
for one year, with the option to renew for two additional, one-year terms, in 2024 and 2025. The
lease agreement has been reviewed by the City Attorney as to legal form.
The Notice of Public Hearing was published on December 9, 2022 as required by SDCL 9-12-5.2.
Recommendation:
1.)Adopt Resolution of Intent to Lease Real Property to Lyle Bothe, and
2.)Award bid to Lyle Bothe, lowest bidder, and authorize City Manager to execute lease
agreement.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 12/21/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Charlie Richter, City Engineer
Council Meeting: December 20, 2022
Subject: Resolution 22-092: Intent to Lease Real Property to Lyle
Bothe, lowest bidder,18 acres of public land for agricultural
haying in Section 11-T109N-R50W (Main Avenue South &
32nd Street South)
Person(s) Responsible: Charlie Richter, City Engineer
Summary:
Adoption of the proposed Resolution and approval of the recommended actions will
allow the City to award the bid and to enter into an agreement with Lyle Bothe for the
City Hay Lease in Section 11-T109N-R50W for 2023 with the option to renew for two
additional one-year terms for 2024 and 2025.
Background:
The City owns a parcel in the Northeast ¼ of Section 11-T109N-R50W, which is located
south of 32nd Street South and east of Main Avenue South. The City has bid the hay
lease for this parcel approximately every two years. This year, the hay lease is for one
year, 2023, with an option to renew for two additional one-year terms for 2024 and
2025, if agreeable to the City and the bidder. The City leases the property for haying
operations which provides for extra income for the City as well as provides for weed
control.
Item Details:
A bid letting was conducted at 1:30 p.m. on Tuesday, December 6, 2022, and the
following bids were received:
Lyle Bothe $100.00 per acre
MC Hay $ 77.50 per acre
David Berndt $ 61.00 per acre
David Bauer $ 50.05 per acre
A public hearing and adoption of a Resolution is required as per SDCL 9-12-5.2 to lease
to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
The Notice of Public Hearing was published on December 9, 2022.
Legal Consideration:
None.
Strategic Plan Consideration:
The hay lease furthers the strategic initiative of financial responsibility, whereby the City
receives revenue from the lease. The person providing the hay removal also provides
weed control, thereby saving City staff and expenses for the weed control operations.
Financial Consideration:
The City will enter into a one-year contract for 2023 with Lyle Bothe for the high bid of
$100.00 per acre for 18 acres resulting in the annual payment of $1,800.00. The
contract may be renewed for two additional, one-year terms, for 2024 and 2025.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Discuss / take no action / table
Staff recommends approval of the resolution and recommended actions, as presented.
Supporting Documentation:
Memo
Resolution
Notice
Map
Resolution 22-092
Resolution of Intent to Lease Real Property to Lyle Bothe for agricultural haying
in Section 11-T109N-R50W (Main Avenue South & 32nd Street South)
Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City
of Brookings intends to enter into a Lease with Lyle Bothe for a period of one year,
commencing January 1, 2023 and ending December 31, 2023, with Lyle Bothe having
the option to renew this Lease for two additional one-year terms for 2024 and 2025.
This lease pertains to the following described property:
The designated hay land, consisting of Eighteen (18) acres more or less, in
Section 11- T109N-R50W , in the City of Brookings, Brookings County, South
Dakota.
The Lessee will pay the City One Hundred Dollars ($100.00) per acre for the hay land
($1,800) with the first half payable on July 1st of each year and the second half payable
on November 1st of each year.
A Public Hearing on this Resolution was held on December 20, 2022 at 6:00 o'clock
P.M. in the Chambers of the City & County Government Center and all persons were
given an opportunity to be heard on this Resolution of the Intent to Lease Real
Property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota, as follows:
A. The City of Brookings enter into a Lease Agreement with Lyle Bothe as
set forth above; and
B. That the City Manager is authorized to execute the Lease Agreement in
accordance with this Resolution.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
ATTEST:
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property in Section 11-T109N-R50W To Lyle Bothe
Notice is Hereby given that on Tuesday, December 20, 2022 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, City & County
Government Center, 520 3rd Street, Brookings, South Dakota, on a Resolution of Intent to
lease to Lyle Bothe the following property:
The designated hay land of eighteen acres more or less in Section 11, T109N,
R50W, located at Main Avenue & 32nd Street S. in the City of Brookings, Brookings
County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property to Lyle Bothe.
Dated this 9th day of December, 2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least
48 hours prior to the meeting.
Published ___ time(s) at an approximate cost $___________.
36TH ST S
MAPLE DR
32ND S T S 3 2 ND S T S
35 TH ST S MAIN AVE SMAIN AVE S
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-100,Version:1
Public Hearing and Action on Resolution 22-100, a Resolution of Intent to Lease Real Property to
MC Hay for Agricultural Haying in Section 21-T110N-R50W (West of Brookings Regional Airport).
Summary:
Adoption of the proposed Resolution and approval of the recommended actions will allow the City to
award bid and to enter into an agreement with MC Hay, Mike Erickson and Corey Granum, for the
City Hay Lease in Section 21-T110N-R50W for 2023 with the option to renew for two additional one-
year terms for 2024 and 2025.
Recommendation:
1)Adopt Resolution of Intent to Lease Real Property to MC Hay, and
2)Award bid to MC Hay, lowest bidder, and authorize City Manager to execute lease agreement.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Charlie Richter, City Engineer
Council Meeting: December 20, 2022
Subject: Resolution 22-100: Intent to Lease Real Property to MC
Hay, lowest bidder, 85 acres of public land for agricultural
haying in Section 21-T110N-R50W
(east of Brookings Regional Airport)
Person(s) Responsible: Charlie Richter, City Engineer
Summary:
Adoption of the proposed Resolution and approval of the recommended actions will
allow the City to award bid and to enter into an agreement with MC Hay, Mike Erickson
and Corey Granum, for the City Hay Lease in Section 21-T110N-R50W for 2023 with
the option to renew for two additional one-year terms for 2024 and 2025.
Background:
The City owns a parcel in the Southeast ¼ of Section 21-T110N-R50W, which is located
west of Brookings Regional Airport. The City has bid the hay lease for this parcel
approximately every two years. This year, the hay lease is for one year, 2023, with an
option to renew for two additional one year terms for 2024 and 2025, if agreeable to the
City and the bidder. The City leases the property for haying operations which provides
for extra income for the City as well as provides for weed control.
Item Details:
A bid letting was conducted at 1:30 p.m. on Tuesday, December 6, 2022, and the
following bids were received:
MC Hay $141.50 per acre
Lyle Bothe $125.01 per acre
Lyle Johnson $115.00 per acre
David Berndt $114.00 per acre
David Bauer $ 97.51 per acre
A public hearing and adoption of a Resolution is required as per SDCL 9-12-5.2 to lease
to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter
into such lease and fix a time and place for public hearing on the adoption of the
resolution. Notice of the hearing shall be published in the official newspaper once, at
least ten days prior to the hearing. Following the hearing the governing body may
proceed to authorize the lease upon the terms and conditions it determines.
The Notice of Public Hearing was published on December 9, 2022.
Legal Consideration:
None.
Strategic Plan Consideration:
The hay lease furthers the strategic initiative of financial responsibility, whereby the City
receives revenue from the lease. The person providing the hay removal also provides
weed control, thereby saving City staff and expenses for the weed control operations.
Financial Consideration:
The City will enter into a one-year contract for 2023 with MC Hay for the high bid of
$141.50 per acre for 85 acres resulting in the annual payment of $12,027.50. The
contract may be renewed for two additional, one year terms, for 2024 and 2025.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Discuss / take no action / table
Staff recommends approval of the resolution and recommended actions, as presented.
Supporting Documentation:
1. Resolution
2. Notice
3. Map
Resolution 22-100
Resolution of Intent to Lease Real Property to MC Hay for Agricultural Haying in
Section 21-T110N-R50W (West of Brookings Regional Airport)
Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with MC Hay for a period of one (1) year, commencing
January 1, 2023 and ending December 31, 2023, with MC Hay having the option to renew this
Lease for two additional one-year terms for 2024 and 2025. This lease pertains to the following
described property:
The designated hay land, consisting of Eighty-Five (85) acres more or less, in Section 21-
T110N-R50W , in the City of Brookings, Brookings County, South Dakota.
The Lessee will pay the City One Hundred Fourty One Dollars and Fifty Cents ($141.50) per
acre for the hay land ($12,027.50) with the first half payable on July 1st of each year and the
second half payable on November 1st of each year.
A Public Hearing on this Resolution was held on December 20, 2022 at 6:00 o'clock P.M. in the
Chambers of the City & County Government Center and all persons were given an opportunity
to be heard on this Resolution of the Intent to Lease Real Property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. The City of Brookings enter into a Lease Agreement with MC Hay as set forth above;
and
B. That the City Manager is authorized to execute the Lease Agreement in accordance with
this Resolution.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property in Section 21-T110N-R50W to MC Hay
Notice is Hereby given that on Tuesday, December 20, 2022 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, City & County
Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent
of the City of Brookings to lease to MC Hay the following property:
The designated hay land of eighty (85) acres more or less in Section 21, T110N,
R50W, located west of the Brookings Airport in the City of Brookings, Brookings
County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property to MC Hay.
Dated this 9th day of December, 2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the
meeting.
Published ___ time(s) at an approximate cost $___________.
W 16 T H A V E 10TH ST WW 2 8 T H A V EW 28TH AV E W 6TH STW 6TH ST212TH ST
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-098,Version:1
Public Hearing and Action on Resolution 22-098, a Resolution of Intent to Lease Real Property to MC
Hay for Agricultural Crop Land in Section 19-T110N-R49W (32nd Avenue & Capital Street).
Summary:
On November 18, 2022 staff published a bid solicitation for 30 acres of public land for agricultural
crop land in Section 19-T110N-R49W (32nd Avenue & Capital Street). A bid letting was held at 1:30
pm on Tuesday, December 6, 2022, and the following bids were received:
MC Hay $275.00 per acre
Bauer Farms $236.67 per acre
Lyle Bothe $236.00 per acre
Joshua Berndt $231.00 per acre
Approval of the recommended actions are in compliance with the requirements of the South Dakota
Codifed Laws § 9-12-5.2 and allow the City to enter into an agreement with MC Hay for the 2023 City
Crop Land Lease in Section 19-T110N-R49W at $275.00 per acre. The term of the agreement will be
for one year, with the option to renew for two additional, one-year terms, in 2024 and 2025. The
lease agreement has been reviewed by the City Attorney as to legal form.
Recommendation:
1.)Adopt Resolution of Intent to Lease Real Property to MC Hay, and
2.)Award bid to MC Hay, highest bidder, and authorize City Manager to execute lease
agreement.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: December 20, 2022
Subject: Resolution 22-098: Intent to Lease Real Property to MC
Hay, highest bidder, 30 acres of public land for agricultural
crop land in Wiese Addition, Section 19-T110N-R49W (32nd
Avenue & Capital Street)
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Adoption of the proposed Resolution and approval of the recommended actions will
allow the City to award the bid and enter into an agreement with MC Hay for the City
Crop Land Lese in the Wiese Addition, Section 19-T110N-R49W for 2023, with the
option to renew for two additional one-year terms for 2024 and 2025.
Background:
The City owns a parcel in the Wiese Addition of Section 19-T110N-R49W, which is
located west of 32nd Avenue and north of Capital Street. The City has bid the crop land
lease for this parcel approximately every two years. This year, the crop land lease is for
one year, 2023, with an option to renew for two additional one-year terms for 2024 and
2025, if agreeable to the City and the bidder. The City leases the property for crop land
operations, which provides extra income for the City, as well as provides for weed
control.
Item Details:
A bid letting was held at 1:30 on Tuesday, December 6, 2022, and the following bids
were received:
MC Hay $275.00 per acre
Bauer Farms $236.67 per acre
Lyle Bothe $236.00 per acre
Joshua Berndt $231.00 per acre
A public hearing and adoption of a Resolution is required as per SDCL 9-12-5.2 to lease
to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
The Notice of Public Hearing was published on December 9, 2022.
Legal Consideration:
None.
Strategic Plan Consideration:
The crop land lease furthers the strategic initiative of financial responsibility, whereby
the City receives revenue from the lease. The person providing the crops also provides
weed control, thereby saving City staff and expenses for the weed control operations.
Financial Consideration:
The City will enter into a one-year contract for 2023 with MC Hay for the high bid of
$275.00 per acre for 30 acres resulting in the annual payment of $8,250.00. The
contract may be renewed for two additional, one-year terms, for 2024 and 2025.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a work session
5. Discuss / take no action / table
Staff recommends approval of the resolution and recommended actions, as presented.
Supporting Documentation:
Memo
Resolution
Notice
Map
Resolution 22-098
Resolution of Intent to Lease Real Property to MC Hay for Crop Land
in Wiese Addition, Section 19-T110N-R49W (32nd Avenue & Capital Street)
Be It Resolved by the City Council of the City of Brookings, South Dakota, that the City
of Brookings intends to enter into a Lease with MC Hay for a period of one (1) year,
commencing January 1, 2023 and ending December 31, 2023, with Mc Hay having the
option to renew this Lease for two additional one-year terms for 2024 and 2025. This
lease pertains to the following described property:
The designated crop land, consisting of Thirty (30) acres more or less, in Wiese
Addition, Section 19-T110N-R49W, in the City of Brookings, Brookings County,
South Dakota.
The Lessee will pay the City Two Hundred Seventy-Five Dollars ($275.00) per
acre for the crop land ($8,250.00) with the first half payable on April 1st of each
year and the second half payable on November 1st of each year.
A Public Hearing on this Resolution was held on December 20, 2023 at 6:00 o’clock
P.M. in the Chambers of the City & County Government Center and all persons were
given an opportunity to be heard on this Resolution of the Intent to Lease Real Property.
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings,
South Dakota as follows:
A. The City of Brookings enter into a Lease Agreement with MC Hay as set forth
above; and
B. That the City Manager is authorized to execute the Lease Agreement in
accordance with this Resolution.
Passed and approved this 20th day of December, 2022.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property in the Wiese Addition to MC Hay
Notice is Hereby given that on Tuesday, December 20, 2022, at 6:00
o’clock P.M., the Brookings City Council will hold a public hearing in the
Chambers, Brookings County & Government Center, 520 3rd Street, Brookings,
South Dakota, on the Resolution of Intent of the City of Brookings to lease to MC
Hay the following property:
The designated farmland of thirty acres more or less in Block 9 of Wiese
Addition, in the City of Brookings, Brookings County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be
given an opportunity to express their views for or against the proposal to lease the
above described property to MC Hay.
Dated this 9th day of December, 2022.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48
hours prior to the meeting."
Published ___ time(s) at an approximate cost $___________.
I 29RAMP6TH ST
LEFEVRE DRI 2932ND AVE6TH STRAMP CAPITAL ST
Block 9, Wiese Addition
30 Acres +/-
Wiese Addition Land Lease Map
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-099,Version:1
Public Hearing and Action on Resolution 22-099, a Resolution to Amend the 2040 Comprehensive
Plan’s Future Land Use Map
Summary:
The City of Brookings and Brookings Municipal Utilities are proposing a comprehensive map
amendment pertaining to the Future Land Use Map. The request is for a revision to the Future Land
Use Map for a parcel of land located along 34th Avenue from Urban-Medium to Civic.
Recommendation:
DRT and Staff recommend approval.
The Planning Commission voted 8 - 0 recommending approval.
Attachments:
Memo
Resolution
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Location Map
Zoning Map
Civic Land Use Excerpt
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: December 20, 2022
Subject: Resolution 22-099: Amend the Future Land Use Map for 34th
Avenue
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The City of Brookings and Brookings Municipal Utilities are proposing a comprehensive
map amendment pertaining to the future land use map. The request is for a revision to
the future land use map for a parcel of land located along 34th Avenue from Urban-
Medium to Civic.
Background:
The 2040 Comprehensive Plan identifies the City’s vision for future land use policies
and establishes a future land use map to define this vision. The future land use map is
created using information known at the time, such as development constraints, land
owner’s development intent, historic land use and future growth plans.
The area proposed for the future land use map revision includes an 18-84-acre portion
of land owned by Brookings Municipal Utilities for the future construction of a water
treatment plant.
Item Details:
The proposed amendment to the future land use map is being requested for the
planned water treatment plant to be owned and operated by Brookings Municipal
Utilities. The proposed use is a public utility facility with a semi-industrial look and feel.
The area is adjacent to the industrial park along 34th and 32nd Avenues. A rezone to I-1
Light Industrial was applied for by BMU as a natural extension of that zoning.
Industrial zoning districts are not supported by the urban medium future land use
classification according to the comprehensive plan, therefore a future land use
amendment would be necessary before a rezone could be supported. Future land use
classifications that could support the I-1 district include General Industrial or Business
Park. The Civic land use classification, however, supports varying zoning districts,
including I-1. The Civic land use classification would be supported here given the public
ownership and use as a public utility facility. This land use classification could also
provide more flexibility for adjacent properties by remaining more neutral than a general
industrial future land use classification.
Legal Consideration:
None
Strategic Plan Consideration:
Service and Innovation Excellence – The project will support BMU’s efforts to build a
new water treatment plant
Financial Consideration:
None
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
DRT and Staff recommend approval.
The Planning Commission voted 8 – 0 recommending approval.
Supporting Documentation:
Resolution
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Location Map
Future Land Use Map
Zoning Map
Civic Land Use Excerpt
Resolution 22-099
A Resolution to Amend the Brookings, South Dakota Comprehensive Plan 2040
Whereas, the Comprehensive Plan provides a Major Street Plan Map, identifies a Future Land
Use Map, projects population figures for the planning period, and describes an integrated land
use vision for the City; and
Whereas, the owner of property legally described as the North 18.84 acres of Tract 1 of BMU
WTP Addition in the NW ¼ of Section 20-T110N-R49W, Brookings County, South Dakota
wishes to amend the Future Land Use Map for the area described from an Urban Medium
Intensity (UM) to a Civic (C); and
Whereas, the City Council of the City of Brookings, SD held a public hearing in accordance with
SDCL 11-6-18 on the proposed amendment to the Future Land Use Map of the Brookings,
South Dakota Comprehensive Plan 2040; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the amendment to the Future Land Use Map of the Brookings, South Dakota
Comprehensive Plan 2040 in accordance with SDCL 11-6-17.
Now, Therefore, Be It Resolved that said amendments to the Future Land Use Map of the
Brookings, South Dakota Comprehensive Plan 2040 is hereby adopted by the City of Brookings.
Dated this the 20th day of December, 2022.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
2040 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on
an amendment to the 2040 Comprehensive Plan for the City of Brookings pertaining to
the future land use map.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Council at 6:00 PM on Tuesday, December 20, 2022 in the Council Chambers on the
third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 9th day of December, 2022.
____________________________
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
2040 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the Planning Commission will hold a public
hearing on an amendment to the 2040 Comprehensive Plan for the City of Brookings
pertaining to the future land use plan.
NOTICE IS FURTHER GIVEN That said public hearing will be at 5:30 PM on
Tuesday, December 6, 2022 in the Chambers Room on the third floor of the Brookings
City and County Government Center at 520 Third Street, Brookings, South Dakota. Any
action taken by the Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 25th day of November, 2022.
____________________________
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
December 6, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
December 6, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, James Drew, Kyle Jamison, Gregg
Jorgenson, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent was Jacob Mills. Also
present were City Planner Ryan Miller, Community Development Director Mike Struck, Dusten
Hendrickson, Barnaby Wainman, Wade Price, Justin Bucher, and Eric Witt.
Item #1 – Roll Call
Item #2 - (Aiken/Solum) Motion to approve the agenda. All present voted aye. MOTION CARRIED.
Item #3a – (Jorgenson/Schmeichel) Motion to approve the November 1, 2022 minutes. All present voted
aye. MOTION CARRIED.
Item #5 – Reconvene as Planning Commission
Item #7a – Amendment to the Future Land Use Map.
(Pierce/Schmeichel) Motion to approve the amendment. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #7a – This request is for a revision to the future land use map for a parcel of land located along 34th
Avenue from Urban-Medium to Civic.
Witt explained that they recently annexed this property into the City for the waste water treatment plant.
B MU WTP R ez on e
396 ft
Business Park
Industrial
Urban Medium
Urban High
Urban Reserve
Civic
Future Land Use Map
11/3/2022
0 0.14 0.280.07 mi
0 0.23 0.450.11 km
1:11,611
I-1
I-1
B-3
A
B-3
B-3 B-3
I-1
PDD
I-1R
B-4
B-4
A A
I-1
B-2
B-5
JJ-A
Zoning Map
11/3/2022
0 0.14 0.280.07 mi
0 0.23 0.450.11 km
1:11,611
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-101,Version:1
Action on Resolution 22-101, a Resolution Transferring City Manager Contingency Funds to City
Departments.
Summary:
One purpose of the City Manager’s Contingency Fund is to safeguard against year-end budget
shortfalls in General Fund departments. The Parks Department has identified needs for contingency
to cover additional costs for equipment maintenance, gasoline and diesel.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer
Council Meeting: December 20, 2022
Subject: Resolution 22-101: Transferring City Manager Contingency
Funds to City Departments
Presenter: Ashley Rentsch, Senior Finance Manager
Summary:
One purpose of the City Manager’s Contingency Fund is to safeguard against year-end
budget shortfalls in General Fund departments. The Parks Department has identified
needs for contingency to cover additional costs for equipment maintenance, gasoline
and diesel.
Background:
Unexpected maintenance costs, as well as a surge in fuel prices during the peak
season impacted the Parks Department Budget. Continued maintenance and operation
of essential equipment was critical in delivering Parks services and promoting
Brookings’ high quality of life. There are remaining funds in the contingency fund to
cover the unexpected expenses.
The boiler at Larson Ice Arena experienced an unexpected failure, which necessitated
replacement. As the contractor replaced the boiler, they found that a pump which
serves the boiler is also faulty. Staff determined that the best and most expedient
course of action was to replace the pump as well at a cost of approximately $5,000.
Ensuring that the boiler is operational will provide for optimal performance of the facility
and protect other infrastructure and equipment from failure.
Item Details:
Account Number Description Current
Budget Increase Decrease Amended
Budget
101-405-5-856-99 Contingency
Fund
$161,276 ($25,000) $136,276
101-452-5-425-04 Maintenance
Equipment
$32,000 $6,000 $38,000
101-452-5-426-10 Gasoline $24,000 $7,000 $31,000
101-452-5-426-13 Diesel $15,000 $7,000 $22,000
101-453-5-911-00 Buildings and
Structures
$20,000 $5,000 $25,000
Legal Consideration:
None.
Strategic Plan Consideration:
This action supports fiscal responsibility by ensuring departments have sufficient
budgets to meet obligations.
Financial Consideration:
This resolution involves a transfer of previously budgeted contingency funds to general
fund accounts and has no impact to the overall budget.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss / take no action / table
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Memo
Resolution
Resolution 22-101
A Resolution Transferring City Manager Contingency Funds to City Departments
Whereas, the City of Brookings hereby transfers City Manager’s contingency funds to
fund unplanned operational obligations of the municipality. This resolution is for the
purpose of completing a transfer of contingency funds to the following accounts:
452 Parks Department
101-452-5-425-04 Maintenance Equipment $6,000
101-452-5-426-10 Gasoline 7,000
101-452-5-426-13 Diesel 7,000
453 Larson Ice Center
101-453-5-911-00 5,000
Total Transfers $ 25,000
The Financing Source for this transfer is from the following account:
101-405-5-856-99 Contingency Fund $ 25,000.00
Total Source of Funding $ 25,000.00
Whereas, this resolution is deemed necessary for the immediate preservation of the
public peace, health, safety and support of the City, and shall become effective upon
publication.
Dated this 20th day of December, 2022.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 22-103,Version:1
Action on Resolution 22-103, a Resolution to Annex 219.37 acres in the NW 1/4 and NE 1/4, Section
13, Township 110 North, Range 50 West of the 5th PM, Brookings County, South Dakota.
Summary:
Brookings Municipal Utilities has submitted a petition for annexation of 219.37 acres of land into the
City of Brookings. The land is located east of Medary Avenue and South of 30th Street, all north of
the Highway 14 Bypass.
Recommendation:
DRT and Staff recommend approval.
The Planning Commission voted 8 - 0 recommending approval.
Attachments:
Memo
Resolution
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Petition for Annexation
Location Map
Annexation Priority Map
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: December 20, 2022
Subject: Annex 219.37 acres in the NW 1/4 and NE 1/4, Section 13,
Township 110 North, Range 50 West of the 5th PM,
Brookings County, South Dakota.
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Brookings Municipal Utilities (BMU) has submitted a petition for annexation of 219.37
acres of land into the City of Brookings. The land is located east of Medary Avenue and
South of 30th Street, all north of the Highway 14 Bypass.
Background:
Brookings Municipal Utilities owns the land, which contains a portion of the wellhead
protection zone north of Brookings. BMU has applied voluntarily for annexation of the
land.
Item Details:
The land is located along the northern edge of the current City limits and is contiguous
to an additional 70+ aces of City-owned land near Medary Avenue and the Highway 14
Bypass to the south. The annexation area is in an Agriculture District. With the land
containing a large swath of wellhead protection area and currently publicly owned, there
is no plan to rezone upon annexation. The annexation area is not located within an
annexation priority area according to the Comprehensive Plan.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Development – The annexation may help support future annexations into
potential growth areas.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
DRT and Staff recommend approval.
The Planning Commission voted 8 - 0 recommending approval.
Supporting Documentation:
Resolution
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Petition for Annexation
Location Map
Annexation Priority Map
Resolution 22-103
Resolution to Annex 219.37 Acres of Section Thirteen (13), Township One
Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County of
Brookings, State of South Dakota
Whereas, the City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1
to annex contiguous territory upon receipt of a written petition, describing said territory
sought to be annexed, signed by not less than three-fourths (3/4) of the legal voters and by
the owner or owners of not less than three-fourths (3/4) of the value of said territory; and
Whereas, the City of Brookings desires to annex the following described property, to wit:
the Northwest Quarter (NW ¼) of Section Thirteen (13) Excluding the south Eight
Hundred Sixty Feet (S 860’) of the North One Thousand Nine Hundred Seventy Feet (N
1,970’) of the West Six Hundred Twenty-eight Feet (W 628’), Excluding the North One
Thousand One Hundred Ten Feet (N 1,110’) and Excluding Lot H-2 thereof; All in
Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West
of the 5th P.M., County of Brookings, State of South Dakota; and
The Northeast Quarter (NE ¼) of Section Thirteen (13), Excluding the North One
Thousand One Hundred Ten Feet (N 1,110’) of the West Four Hundred Seventy-eight
Feet (W 478’) and Excluding the North Five Hundred Eighty-four Feet (N 584’) of the
East Five Hundred Twenty-four Feet (E 524’) thereof, All in Section Thirteen (13),
Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County
of Brookings, State of South Dakota; and
Whereas, the aforementioned land is contiguous to the present boundaries of the City of
Brookings; and
Whereas, the City of Brookings has received a Petition for Annexation of Territory signed
by the owners of greater than three-fourths (3/4) of the value of the aforementioned
property and there being no legal voters residing in said territory.
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the property
described above is hereby annexed to the City of Brookings.
Dated this 20th day of December, 2022.
CITY OF BROOKINGS, SD
___________________________
Oepke G. Niemeyer, Mayor
ATTEST:
______________________________
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING UPON A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That Brookings Municipal Utilities has submitted a
petition for annexation of the following described real estate situated in Brookings County,
South Dakota, to wit:
The Northwest Quarter (NW ¼) of Section Thirteen (13) Excluding the south Eight
Hundred Sixty Feet (S 860’) of the North One Thousand Nine Hundred Seventy
Feet (N 1,970’) of the West Six Hundred Twenty-eight Feet (W 628’), Excluding the
North One Thousand One Hundred Ten Feet (N 1,110’) and Excluding Lot H-2
thereof; All in Section Thirteen (13), Township One Hundred Ten (110) North,
Range Fifty (50) West of the 5th P.M., County of Brookings, State of South Dakota.
AND
The Northeast Quarter (NE ¼) of Section Thirteen (13), Excluding the North One
Thousand One Hundred Ten Feet (N 1,110’) of the West Four Hundred Seventy-
eight Feet (W 478’) and Excluding the North Five Hundred Eighty-four Feet (N 584’)
of the East Five Hundred Twenty-four Feet (E 524’) thereof, All in Section Thirteen
(13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th
P.M., County of Brookings, State of South Dakota.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Council at 6:00 PM on Tuesday, December 20, 2022, in the Council Chambers on the
third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
Dated this 9th day of December, 2022.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING UPON A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That Brookings Municipal Utilities has submitted a
petition for annexation of the following described real estate situated in Brookings County,
South Dakota, to wit:
The Northwest Quarter (NW ¼) of Section Thirteen (13) Excluding the south Eight
Hundred Sixty Feet (S 860’) of the North One Thousand Nine Hundred Seventy
Feet (N 1,970’) of the West Six Hundred Twenty-eight Feet (W 628’), Excluding the
North One Thousand One Hundred Ten Feet (N 1,110’) and Excluding Lot H-2
thereof; All in Section Thirteen (13), Township One Hundred Ten (110) North,
Range Fifty (50) West of the 5th P.M., County of Brookings, State of South Dakota.
AND
The Northeast Quarter (NE ¼) of Section Thirteen (13), Excluding the North One
Thousand One Hundred Ten Feet (N 1,110’) of the West Four Hundred Seventy-
eight Feet (W 478’) and Excluding the North Five Hundred Eighty-four Feet (N 584’)
of the East Five Hundred Twenty-four Feet (E 524’) thereof, All in Section Thirteen
(13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th
P.M., County of Brookings, State of South Dakota.
NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning
Commission at 5:30 PM on Tuesday, December 6, 2022, in the Chambers Room on the
third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the Planning Commission is a
recommendation to the City Council.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
Any person interested may appear and be heard in this matter.
Dated this 25th day of November, 2022.
_________________________ Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
December 6, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
December 6, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, James Drew, Kyle Jamison, Gregg
Jorgenson, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent was Jacob Mills. Also
present were City Planner Ryan Miller, Community Development Director Mike Struck, Dusten
Hendrickson, Barnaby Wainman, Wade Price, Justin Bucher, and Eric Witt.
Item #5 – Reconvene as Planning Commission
Item #9a – Brookings Municipal Utilities submitted a petition for annexation of the Northwest Quarter
(NW ¼) of Section Thirteen (13) Excluding the south Eight Hundred Sixty Feet (S 860’) of the North One
Thousand Nine Hundred Seventy Feet (N 1,970’) of the West Six Hundred Twenty-eight Feet (W 628’),
Excluding the North One Thousand One Hundred Ten Feet (N 1,110’) and Excluding Lot H-2 thereof; All
in Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M.,
County of Brookings, State of South Dakota.
AND
The Northeast Quarter (NE ¼) of Section Thirteen (13), Excluding the North One Thousand One Hundred
Ten Feet (N 1,110’) of the West Four Hundred Seventy-eight Feet (W 478’) and Excluding the North
Five Hundred Eighty-four Feet (N 584’) of the East Five Hundred Twenty-four Feet (E 524’) thereof, All
in Section Thirteen (13), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M.,
County of Brookings, State of South Dakota.
(Pierce/Jorgenson) Motion to approve the annexation request. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #9a– Brookings Municipal Utilities is requesting to annex this area containing a portion of the
wellhead protection zone which is east of Medary Avenue and South of 30th Street, all north of the Hwy
14 Bypass.
Witt explained that BMU management felt that annexation into this city for this property, where feasible,
was appropriate. This property is contiguous to the north well field which will remain in service as part
of the water treatment plant upgrade. The portion that is being annexed will have two additional wells
installed on it.
B MU Ann exa tio n
793 ft
Annexation Priority Map
11/28/2022
0 0.25 0.50.13 mi
0 0.39 0.780.2 km
1:20,137
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0497,Version:1
Action on a Revised Preliminary Plat for Lot 1 in Block 1; Lots 1-6 in Block 4 and Block 6 in
Southland Addition, and 23rd Street South in Bluegill Third Addition.
Summary:
Wade Price has submitted a revised preliminary plat for Lot 1 in Block 1; Lots 1-6 in Block 4 and
Block 6 in Southland Addition and 23rd Street S in Bluegill Third Addition.
Recommendation:
The Development Review Team and staff recommended approval with modifications to the access to
Lots 3 - 6 in Block 4.
The Planning Commission voted 8 - 0 recommending approval with the following changes:
·Increase the 30-foot shared access easement along the southern edge of Lots 4 - 6 to a 50-
foot shared access easement.
Attachments:
Memo
Legal Notice - City Council
Legal Notice - Planning Commission
Planning Commission Minutes
Location Map
PC Recommendation Preliminary Plat
Revised Preliminary Plat
2018 Preliminary Plat
2020 Preliminary Plat
Zoning Map
City of Brookings Printed on 12/21/2022Page 1 of 1
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City Council Agenda Memo
From: Ryan Miller, City Planner
City Council Meeting: December 20, 2022
Subject: Revised Preliminary Plat – Southland Addition
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Wade Price has submitted a revised preliminary plat for Lot 1 in Block 1; Lots 1-6 in
Block 4 and Block 6 in Southland Addition, and 23rd Street South in Bluegill Third
Addition.
Background:
Southland Addition in its current form was preliminary platted in 2018. The preliminary
plat included Blocks 1-6 with only Block 2 being platted into individual lots. Since that
time, a housing development near Ace Avenue and 22nd Street South resulted in a final
plat which voided much of Block 5. The developer is ready to build multi-family units in
this portion of Block 5 which was inadvertently vacated.
Additionally, the northern portion of this subdivision was recently rezoned for
commercial development. With the 20th Street South interchange at Interstate 29 and
the intersection improvements at 22nd Avenue and 20th Street, commercial development
is becoming more practical in this area. With the planned multi-family developments,
vacated portion of Block 5, and recent commercial rezoning, a revised preliminary plat
was necessary.
Item Details:
The revised preliminary plat includes Lot 1 in Block 1, a 38,699 square foot commercial
lot zoned Business B-2 District. The block was rezoned to B-2 in February 2022. Lot 1
meets zoning standards for a B-2 lot. Development on the lot will be subject to
Commercial Corridor Design Review Overlay District standards due to its frontage on
20th Street South. Bufferyard setbacks will be required to the south and southwest due
to adjacent residential zoned land. Lot 1 has an existing access drive to 20th Street
South. A one-foot no access easement will be added between Ace Avenue and the
existing access drive at the time of final plating. An additional access drive would be
permitted onto Ace Avenue.
Lots 1 - 3 in Block 4 are zoned Residence R-3 Apartment District and planned for multi-
family dwellings. Lots 1 and 2 will front Ace Avenue and are planned for condominiums
/ townhomes. The lots are each roughly 30,000 square feet and meet zoning standards
for the R-3 District. Lot 3 is a 3.70-acre lot with a 60-foot frontage to Ace Avenue. The
required lot width is 75 feet. The access drive to Lot 3 would need to be at least 20-feet
north of the Ace Avenue / 22nd Street Intersection within that 60-foot frontage.
With the size of Lot 3 and R-3 zoning, the lot may very likely require secondary access,
which would be required when more than 400 vehicle trips per day are planned. As an
example, 400 vehicle trips would occur if more than 57 apartment units are built. The
preliminary plat shows a 30-foot shared access easement running along the south
portion of Lots 4 - 6. This shared access drive could satisfy the secondary access
needs but would not resolve the shortage of lot frontage. The shared access drive
would be recommended at 40-feet wide at a minimum.
Staff, however, recommends platting right-of-way for a private or public street running
east-west along the southern edge of Lots 4 - 6. This would provide Lot 3 with an
additional 315 feet of lot frontage and meet the lot frontage requirements. The private
or public street should be platted up to the eastern edge of Lot 6 in order to allow for a
future extension towards 22nd Avenue in order to improve access and circulation for
future commercial development in this area, and to alleviate stress on Ace Avenue and
the Ace Avenue / 20th Street South intersection.
Lots 4 - 6 in Block 4 are each roughly 48,000-49,000 square feet commercial lots zoned
B-2. Each meet the minimum zoning standards for B-2 lots. Access to the lots are
shown utilizing shared access drives along the boundary of Lot 4 and 5 and Lots 5 and
6 as well as the shared access drive along the south portion of the three lots.
Development on the lots would be subject to the Commercial Corridor Design Review
Overlay District standards. As shown, the lots would also be subject to bufferyard
setbacks on the southern portion of the lots due to being adjacent to Residential zoned
lots. This would require a minimum 15-foot setback to parking lots and 25-foot setback
to buildings or structures with five (5) trees and 10 shrubs planted per 100 lineal feet.
The access drive would need to meet the 15-foot bufferyard setback, meaning the
shared access easement would need to move 15 feet north of its current location and
would not allow access to Lot 3 as those access drives would run through the
bufferyard. Plating a public right-of-way street in place of the east-west shared access
drive would eliminate the need for bufferyard setbacks due to elimination of the
abutment with residential zoned lots but would create double frontage for Lots 4 - 6. A
private street cannot count towards bufferyard setbacks.
Block 6 is a 60,000 square foot lot intended for storm water detention. A preliminary
Drainage Study was previously reviewed for Southland Addition. Staff is not
recommending a revised Drainage Study at this time so long as development occurs
within the limitations allowed in the previous Drainage Study. The preliminary plat also
includes a previously preliminary platted right-of-way for a 23rd Street extension to the
east towards 22nd Avenue.
Staff provided two options to the Planning Commission in order to improve secondary
access to lot three, as well as the commercial lots, and also provide relief from traffic at
Ace Avenue and 20th Street. Option one would require a 60-foot right-of-way for a
public road running along the southern edge of Lots 4 - 6 in Block 4. This option would
ensure that a street meeting public road standards would be built for access to Lots 3 -
6 in Block 4, as well as plan for a future connection to 22nd Avenue. Another option
presented was for the increase in the shared access easement from 30 feet to 50 feet.
This option would allow for a private shared access drive to be built as well as room for
a required 15 foot landscaped buffer to the south of the access drive. The Planning
Commission discussed both options and ultimately chose to recommend a 50-foot
shared access easement in lieu of requiring a public right-of-way.
Legal Consideration:
None
Strategic Plan Consideration:
Economic Growth – this preliminary plat will include new areas for commercial and
residential growth.
Financial Consideration:
None
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Discuss / take no action / table
The Development Review Team and staff recommended approval with modifications to
the access to Lots 3 - 6 in Block 4.
The Planning Commission voted 8 - 0 recommending approval with the following
changes:
• Increase the 30-foot shared access easement along the southern edge of Lots 4
- 6 to a 50-foot shared access easement.
Supporting Documentation:
Legal Notice – City Council
Legal Notice – Planning Commission
Planning Commission Minutes
Location Map
PC Recommendation Preliminary Plat
Revised Preliminary Plat
2018 Preliminary Plat
2020 Preliminary Plat
Zoning Map
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That PMVK Limited has submitted a revised
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
Lot 1 of Block 1; Lots 1-7 of Block 4; and Lot 6 in Southland Addition and 23rd
Street S. in Bluegill Third Addition
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council
at 6:00 PM on Tuesday, December 20, 2022, in the Council Chambers on the third floor of
the Brookings City and County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard in this matter.
Dated this 9th day of December, 2022.
Bonnie Foster
City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That PMVK Limited has submitted a revised
preliminary plat of the following described real estate situated in the City of Brookings in
Brookings County, South Dakota, to wit:
Lot 1 of Block 1; Lots 1-7 of Block 4; and Lot 6 in Southland Addition and 23rd
Street S. in Bluegill Third Addition
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, December 6, 2022, in the Chamber Room
on the third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 25th day of November, 2022.
Ryan Miller
City Planner
Planning Commission
Brookings, South Dakota
December 6, 2022
OFFICIAL MINUTES
Chairperson Greg Fargen called the meeting of the City Planning Commission to order on Tuesday,
December 6, 2022, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, James Drew, Kyle Jamison, Gregg
Jorgenson, Lee Ann Pierce, Nick Schmeichel, Roger Solum, and Fargen. Absent was Jacob Mills. Also
present were City Planner Ryan Miller, Community Development Director Mike Struck, Dusten
Hendrickson, Barnaby Wainman, Wade Price, Justin Bucher, and Eric Witt.
Item #1 – Roll Call
Item #2 - (Aiken/Solum) Motion to approve the agenda. All present voted aye. MOTION CARRIED.
Item #3a – (Jorgenson/Schmeichel) Motion to approve the November 1, 2022 minutes. All present voted
aye. MOTION CARRIED.
Item #5 – Reconvene as Planning Commission
Item #6a – PMVK Limited submitted a revised preliminary plat of Lot 1 of Block 1; Lots 1-7 of Block 4;
and Lot 6 in Southland Addition and 23rd Street South in Bluegill Third Addition.
(Aiken/Schmeichel) Motion to approve the revised preliminary plat as presented.
(Pierce/Solum) Amendment to the motion to replace the 30’ shared access drive with a 60’ public right-
of-way running from Ace Avenue to the eastern edge of Lot 6 in Block 4. Schmeichel, Jamison,
Jorgenson, Aiken, and Fargen voted no. Pierce, Drew, and Solum voted yes. AMENDMENT FAILED.
(Schmeichel/Aiken) Motion to amend the original motion to increase the 30’ shared access drive to a 50’
shared access easement. All present voted aye. AMENDMENT CARRIED.
Motion as amended was voted on. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a – This revised plat is near the intersection of Ace Avenue and 22nd Street South. A plat from
2018 shows Blocks 1,2,3,4,5 and 6 of Southland Addition. A subsequent plat voided much of Block 5.
This revised plat includes Lot 1 of Block 1; Lots 1-6 in Block 4 and Block 6 in Southland Addition. The
preliminary plat does include a few shared access drives, one between Lots 4 and 5 and another between
Lots 5 and 6 of Block 4. In addition, there is a 30 foot shared access drive between Lots 4, 5, and 6 and
the north side of Lots 1 and 3. A preliminary utility plan was provided. Staff is recommending approval
with changes to the access drive/drives. Staff recommends to either replace the 30’ shared access drive
that runs between the commercial and residential lots with a 60’ public right-of-way running from Ace
Avenue to the eastern edge of Lot 6 or increase the 30’ shared access drive to a 50’ shared access drive
which would run from Ace Avenue to the eastern edge of Lot 6 in Block 3. The reason for this is because
likely secondary access is going to be required due to Lot 3 in Block 4. Additionally, there will be
bufferyard requirements to be applied.
Schmeichel questioned how the applicant feels about the staff recommendations and if they may cause
any hardships. Price explained that he would prefer the 50’ shared access drive. If there were a 6’ right-
of-way, there would be more problems at the intersection of 20th Street S and 22nd Avenue because the
infrastructure isn’t there. Struck clarified the staff recommendation and that the 50’ access drive would
cover a 30’ access drive and then the bufferyard requirements of between the residential and the
commercial. Miller stated that the correct verbiage would be a 50’ shared access “easement” to allow for
the shared access drive and the bufferyard.
Drew feels that a 30’ shared access drive may not be sufficient with the amount of traffic from the lots in
Block 4 that have different zoning districts, he feels that the 60’ right-of-way access is needed. Jamison
doesn’t feel that a sixty foot shared access would be necessary. There are already two shared accesses on
the north side and creating a wider road to the back of the business could be excessive. Also, thinner
roads incentivize slower traffic. Miller explained that the shared access drives on the north end appear as
only access drives to the lots and not south all the way through the lots. Lot 3 of Block 4 is zoned R-3
and it is likely that development on this lot will require secondary access. But if that is the only access,
then they would be restricted to lower density development on this lot. A 30’ access easement would not
be sufficient. Pierce agrees that the 60’ shared access drive should be required. Price doesn’t agree with
this amendment. Due to a mess up on the platting back in 2020, Price is here. Miller explained that there
is an increase in the number of lots in this development which is requiring the revised preliminary plat.
Struck stated that this development has a significant amount of density and additional density is being
planned. The only way out of here right now is Ace Avenue and as development occurs, we need to look
at different ways to disburse the traffic. So looking at the long term perspective of how this area will
grow and function, we need to be sure there is a transportation network available in the future to meet the
needs. Aiken supports the 50’ shared access easement.
Sou thlan d Add ition
396 ft
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156'±129'±31'±31'±251'±126'±12'±222'±15'±138'±282'±138'±279'±
325'±LOT 2ARICHARD PRICE1ST ADDITIONOWNER: JOE J. & JANET K. MENDELBLUEGILL THIRD ADDITIONOWNER: BLUEGILL INC.1C1B1ALOT 1RICHARD PRICE 1ST ADDITIONOWNER: PMVK LIMITEDSECTION LINE40'
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FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBALJJDBDECEMBER 202223119-00SOUTHLAND ADDITION
PRELIMINARY PLAT
BROOKINGS, SOUTH DAKOTA
1 OF 2HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE IN U.S. SURVEY FEETPRELIMINARY PLATBLOCK 1 LOT 1; BLOCK 4 LOTS 1-6; AND BLOCK 6 IN SOUTHLAND ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAAND23RD STREET S. IN BLUEGILL THIRD ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTALEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEDEVELOPERPMVK LIMITED611 6TH ST.BROOKINGS, SD 57006BLUEGILL INC.611 6TH STBROOKINGS, SD 57006EASEMENTSDRAINAGE EASEMENTS TO BE DETERMINED BY FINALDRAINAGE STUDY.UTILITY EASEMENTS TO BE DETERMINED BY BMUBEFORE FINAL PLAT.PROPERTY ALONG 20TH ST S SHALL HAVE A 1' NOACCESS EASEMENT EXCEPT FOR PROPOSED SHAREDACCESS AREAS.ZONING REGULATIONS:SINGLE-FAMILYDWELLINGTWO DWELLING UNITS6,00050 FEET20 FEET7 FEET25 FEET35 FEETPER UNITDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-3 APARTMENT DISTRICT1,815**8,40065 FEET20 FEET7 FEET25 FEET35 FEETSINGLE FAMILY ATTACHED0 FEET SIDE YARD2 UNITS9,60075 FEET20 FEET0 FEET OR 7 FEETON NON-PARTYWALL25 FEET35 FEET3 UNITS12,00090 FEET20 FEET25 FEET35 FEET4 UNITS14,000105 FEET20 FEET25 FEET35 FEETAPTS, CONDO'S, TOWNHOUSES*(3 OR MORE UNITS)10,00075 FEET20 FEET7 FEET***25 FEET45 FEETOTHER ALLOWABLE USES6,00050 FEET20 FEET7 FEET***25 FEET45 FEET0 FEET OR 7 FEETON NON-PARTYWALL0 FEET OR 7 FEETON NON-PARTYWALL* PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 24 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.0 100 200 FTCOMMERCIAL USES25 FEET5 FEET*20 FEET*45 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-2100 FEET15,00025 FEET7 FEET**20 FEET*45 FEET100 FEET15,000* REFER TO SECTION 94-399.1 BUFFERYARDS.** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO 10 FEET IF THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.ALL OTHER USESENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE SBROOKINGS, SD 57006ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORAUSTIN JOHNSON, LSAUSTINJ@BANNERASSOCIATES.COMBUILDING SETBACK LINEEXISTING LEGALN1320' OF N1350' OF E1128.5' EXC. N40' THEREOF & EXC.O.L. 1 & EXC. LOT 1 OF LOT 1 RICHARD PRICE ADDITIONIN SEC. 1-T109N-R50WANDBLUEGILL THIRD ADDITION EXC. PLATTED AREASACE AVE22ND ST S23RD ST S20TH ST SLUCERNE AVE
22ND AVE S 20'DRAINAGEESMT40'SHAREDACCESS40'SHAREDACCESS50'SHAREDACCESS
141718131CBLOCK 5SOUTHLAND ADDITION1B1ASTSTSS8'' S
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S23STSTSTSTSTN1320' OF N1350'EXC. W 312' & EXC.E1128.5' &EXC. OL'S 2 & 3 EXC.N 40' THEREINOF NE1/4 SEC.1-T109N-R50WBLOCK 6BLOCK 732BLOCK 345671232627N1320' OF N1350'EXC. W 312' & EXC.E1128.5' &EXC. OL'S 2 & 3EXC. N 40' THEREINOF NE1/4 SEC.1-T109N-R50W16A42131234BLOCK 1BLOCK 23BLOCK 3LOT A2457614C4B4AEEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEOHEOHEUGEUGEUGEUGEUGEGVGVGGGGGGGGGGGGUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFSSSSSS8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' SSTST18'' ST18'' ST18'' ST18'' STTTTTTTFOFO8'' W8'' W 8'' W 8'' W 8'' W 8'' W
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449,063 SF548,476 SF648,748 SF138,699 SF129,147 SF230,360 SF3161,446 SFBLOCK 1BLOCK 4BLOCK 4BLOCK 660,253 SFSLOT 2ARICHARD PRICE1ST ADDITIONOWNER: JOE J. & JANET K. MENDELBLUEGILL THIRD ADDITIONOWNER: BLUEGILL INC.1C1B1ALOT 1RICHARD PRICE 1ST ADDITIONOWNER: PMVK LIMITEDSECTION LINE40'
R.O.W.60'R.O.W.60'R.O.W.60'R.O.W.BLOCK 2SOUTHLANDADDITIONSECTION LINE OL 1EXC. N40' AND EXC. H-1OWNER: PMVK LIMITEDF:\23119-00\Design Phase\CADD\Sheet File\Preliminary Plat Southland Addition Nov 2022.dwg;12/13/2022 6:38 AM
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UTILITY PLAN
BROOKINGS, SOUTH DAKOTA
2 OF 20 100 200 FTHORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE IN U.S. SURVEY FEETUTILITY PLANBLOCK 1 LOT 1; BLOCK 4 LOTS 1-6; AND BLOCK 6 IN SOUTHLAND ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAAND23RD STREET S. IN BLUEGILL THIRD ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTALEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEACE AVE22ND ST S23RD ST S20TH ST SLUCERNE AVE
22ND AVE S EXISTING WATER LINEWWWEXISTING UNDERGROUND ELECTRICUGEUGEEXISTING FIBER OPTIC LINEUGFUGFEXISTING TELEPHONE LINEUGTUGTEXISTING SANITARY LINESSSSSTEXISTING SANITARY MANHOLEEXISTING STORM MANHOLENEW WATER LINEWWWNEW SANITARY SEWER LINESSSNEW SANITARY MANHOLENEW WATER VALVENEW FIRE HYDRANTSNEW STORM SEWER LINESTSTSTNEW DROP INLET2.5'14.5'30'2.5'13'13'14.5'30'8" BASE COURSE4" ASPHALTTYPICAL SECTION - LOCAL STREETS31' ROAD WIDTH4'4'10'10'ROLLOVER CURB60' ROW40' SHARED ACCESS20'DRAINAGEESMT
141718131CBLOCK 5SOUTHLAND ADDITION1B1A23N1320' OF N1350'EXC. W 312' & EXC.E1128.5' &EXC. OL'S 2 & 3 EXC.N 40' THEREINOF NE1/4 SEC.1-T109N-R50WBLOCK 6BLOCK 732BLOCK 345671232627N1320' OF N1350'EXC. W 312' & EXC.E1128.5' &EXC. OL'S 2 & 3EXC. N 40' THEREINOF NE1/4 SEC.1-T109N-R50W16A42131234BLOCK 1BLOCK 23BLOCK 3LOT A2457614C4B4A220'±
220'±211'±
212'±138'±315'±449'±488'±138'±138'±60'±449,063 SF548,476 SF648,748 SF138,699 SF129,147 SF230,360 SF3161,446 SFBLOCK 1BLOCK 4BLOCK 4BLOCK 660,253 SF325'±
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325'±154'±150'±150'±148'±150'±150'±385'±146'±
156'±129'±31'±31'±251'±126'±12'±222'±15'±138'±282'±138'±279'±
325'±LOT 2ARICHARD PRICE1ST ADDITIONOWNER: JOE J. & JANET K. MENDELBLUEGILL THIRD ADDITIONOWNER: BLUEGILL INC.1C1B1ALOT 1RICHARD PRICE 1ST ADDITIONOWNER: PMVK LIMITEDSECTION LINE40'
R.O.W.60'R.O.W.60'R.O.W.60'R.O.W.BLOCK 2SOUTHLANDADDITIONSECTION LINE OL 1EXC. N40' AND EXC. H-1OWNER: PMVK LIMITEDF:\23119-00\Design Phase\CADD\Sheet File\Preliminary Plat Southland Addition Nov 2022.dwg;11/21/2022 3:44 PM
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PRELIMINARY PLAT
BROOKINGS, SOUTH DAKOTA
1 OF 2HORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE IN U.S. SURVEY FEETPRELIMINARY PLATBLOCK 1 LOT 1; BLOCK 4 LOTS 1-6; AND BLOCK 6 IN SOUTHLAND ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAAND23RD STREET S. IN BLUEGILL THIRD ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTALEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEDEVELOPERPMVK LIMITED611 6TH ST.BROOKINGS, SD 57006BLUEGILL INC.611 6TH STBROOKINGS, SD 57006EASEMENTSDRAINAGE EASEMENTS TO BE DETERMINED BY FINALDRAINAGE STUDY.UTILITY EASEMENTS TO BE DETERMINED BY BMUBEFORE FINAL PLAT.PROPERTY ALONG 20TH ST S SHALL HAVE A 1' NOACCESS EASEMENT EXCEPT FOR PROPOSED SHAREDACCESS AREAS.ZONING REGULATIONS:SINGLE-FAMILYDWELLINGTWO DWELLING UNITS6,00050 FEET20 FEET7 FEET25 FEET35 FEETPER UNITDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-3 APARTMENT DISTRICT1,815**8,40065 FEET20 FEET7 FEET25 FEET35 FEETSINGLE FAMILY ATTACHED0 FEET SIDE YARD2 UNITS9,60075 FEET20 FEET0 FEET OR 7 FEETON NON-PARTYWALL25 FEET35 FEET3 UNITS12,00090 FEET20 FEET25 FEET35 FEET4 UNITS14,000105 FEET20 FEET25 FEET35 FEETAPTS, CONDO'S, TOWNHOUSES*(3 OR MORE UNITS)10,00075 FEET20 FEET7 FEET***25 FEET45 FEETOTHER ALLOWABLE USES6,00050 FEET20 FEET7 FEET***25 FEET45 FEET0 FEET OR 7 FEETON NON-PARTYWALL0 FEET OR 7 FEETON NON-PARTYWALL* PARKING LOTS SHALL BE SCREENED FROM SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL USES ACCORDING TO SECTION 94-401.** A MAXIMUM OF 24 DWELLING UNITS PER ACRE SHALL BE ALLOWED.*** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.0 100 200 FTCOMMERCIAL USES25 FEET5 FEET*20 FEET*45 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-2100 FEET15,00025 FEET7 FEET**20 FEET*45 FEET100 FEET15,000* REFER TO SECTION 94-399.1 BUFFERYARDS.** THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO 10 FEET IF THE BUILDING IS THREE OR MORE STORIES IN HEIGHT.ALL OTHER USESENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE SBROOKINGS, SD 57006ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORAUSTIN JOHNSON, LSAUSTINJ@BANNERASSOCIATES.COMBUILDING SETBACK LINEEXISTING LEGALN1320' OF N1350' OF E1128.5' EXC. N40' THEREOF & EXC.O.L. 1 & EXC. LOT 1 OF LOT 1 RICHARD PRICE ADDITIONIN SEC. 1-T109N-R50WANDBLUEGILL THIRD ADDITION EXC. PLATTED AREASACE AVE22ND ST S23RD ST S20TH ST SLUCERNE AVE
22ND AVE S 20'DRAINAGEESMT40'SHAREDACCESS40'SHAREDACCESS30'SHAREDACCESS
141718131CBLOCK 5SOUTHLAND ADDITION1B1ASTSTSS8'' S
8'' S
8'' S 8'' W8'' W8'' W 8'' W
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8'' S 8'' S 8'' S
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S23STSTSTSTSTN1320' OF N1350'EXC. W 312' & EXC.E1128.5' &EXC. OL'S 2 & 3 EXC.N 40' THEREINOF NE1/4 SEC.1-T109N-R50WBLOCK 6BLOCK 732BLOCK 345671232627N1320' OF N1350'EXC. W 312' & EXC.E1128.5' &EXC. OL'S 2 & 3EXC. N 40' THEREINOF NE1/4 SEC.1-T109N-R50W16A42131234BLOCK 1BLOCK 23BLOCK 3LOT A2457614C4B4AEEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEOHEOHEUGEUGEUGEUGEUGEGVGVGGGGGGGGGGGGUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFUGFSSSSSS8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' S8'' SSTST18'' ST18'' ST18'' ST18'' STTTTTTTFOFO8'' W8'' W 8'' W 8'' W 8'' W 8'' W
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449,063 SF548,476 SF648,748 SF138,699 SF129,147 SF230,360 SF3161,446 SFBLOCK 1BLOCK 4BLOCK 4BLOCK 660,253 SFSLOT 2ARICHARD PRICE1ST ADDITIONOWNER: JOE J. & JANET K. MENDELBLUEGILL THIRD ADDITIONOWNER: BLUEGILL INC.1C1B1ALOT 1RICHARD PRICE 1ST ADDITIONOWNER: PMVK LIMITEDSECTION LINE40'
R.O.W.60'R.O.W.60'R.O.W.60'R.O.W.BLOCK 2SOUTHLANDADDITIONSECTION LINE OL 1EXC. N40' AND EXC. H-1OWNER: PMVK LIMITEDF:\23119-00\Design Phase\CADD\Sheet File\Preliminary Plat Southland Addition Nov 2022.dwg;11/21/2022 3:44 PM
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UTILITY PLAN
BROOKINGS, SOUTH DAKOTA
2 OF 20 100 200 FTHORIZONTAL DATUM: - NAD 83 - PROJECTION: SOUTH DAKOTA STATE PLANECOORDINATES NORTH ZONEVERTICAL DATUM: - NAVD 88 - GEOID 09BASIS OF BEARING: GEODETIC NORTHALL DIMENSIONS SHOWN ARE IN U.S. SURVEY FEETUTILITY PLANBLOCK 1 LOT 1; BLOCK 4 LOTS 1-6; AND BLOCK 6 IN SOUTHLAND ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTAAND23RD STREET S. IN BLUEGILL THIRD ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTALEGENDMONUMENT (FOUND)EXISTING PROPERTY LINEPROPOSED PROPERTY LINEACE AVE22ND ST S23RD ST S20TH ST SLUCERNE AVE
22ND AVE S EXISTING WATER LINEWWWEXISTING UNDERGROUND ELECTRICUGEUGEEXISTING FIBER OPTIC LINEUGFUGFEXISTING TELEPHONE LINEUGTUGTEXISTING SANITARY LINESSSSSTEXISTING SANITARY MANHOLEEXISTING STORM MANHOLENEW WATER LINEWWWNEW SANITARY SEWER LINESSSNEW SANITARY MANHOLENEW WATER VALVENEW FIRE HYDRANTSNEW STORM SEWER LINESTSTSTNEW DROP INLET2.5'14.5'30'2.5'13'13'14.5'30'8" BASE COURSE4" ASPHALTTYPICAL SECTION - LOCAL STREETS31' ROAD WIDTH4'4'10'10'ROLLOVER CURB60' ROW40' SHARED ACCESS20'DRAINAGEESMT
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0484,Version:1
Action on City Council Policy: Public Comment during City Council meetings.
Summary:
A City Council Public Comment Policy is presented for consideration. The Policy outlines how the
public provides comments and the City Council interacts during open forums and comments within
the meeting.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Public Comment Policy
City of Brookings Printed on 12/21/2022Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: December 20, 2022
Subject: Public Comment Policy
Presenter: Paul Briseno, City Manager
Summary:
A City Council Public Comment Policy is presented for consideration. The Policy
outlines how the public provides comments, and the City Council interacts during open
forums and comments within the meeting.
Background:
Over the past few months, City Council has desired a process for responding to public
comments. A public statement was crafted and policy for Council consideration.
Requests from municipalities across the nation were made for policies that properly
governed public comments. A group of Council Members Avery, Collins, and Tilton
Byrne, as well as City staff, including the City Attorney, City Clerk, and City Manager,
worked to provide the Brookings City Council with a Public Comment Policy.
Item Details:
The Public Comment Policy outlines how the public provides comments, and the
Council interacts in public forums. All comments should be relevant to the board’s
jurisdiction and be civil/respectful. Speakers will remain in order, not express
obscenities, threats, or inflammatory words or engage in disorderly conduct. The policy
also provides meeting order managed by the Chair (Mayor) and/or Council Members.
Policy specifics are summarized to include:
Procedure for General Comment
• A statement will be read and published that states: “All speakers are asked to
present their comments in a respectful and courteous manner, and within the 3-
minute time limit. If obscenities, threats or inflammatory words are expressed
during this meeting, you will be asked immediately to stop commenting. The
comments and views expressed by the public are those of the speakers and do
not necessarily reflect the views or positions of the City of Brookings or City
Council.”
• Each comment is limited to 3 minutes and will come from the podium.
• Speakers will provide their name and city of residence.
• Speakers cannot assign their time to others.
• Reasonable accommodations can be made if needed.
• Speakers may ask questions, but a response is not required.
• Chair has the right to interrupt the speaker to enforce decorum and rules.
Interruptions and Other Disturbances
• All are required to act with decorum and with respect.
• No one shall interrupt the proceedings or cause any form of disruption.
• No person may be physically aggressive, impertinent, threatening, or otherwise
uncivil, uttering fighting words, speeches invasive of the privacy of individuals,
unreasonably loud speech, and speeches so disruptive of the proceedings that
the business of the City is substantially interrupted.
Violations
• The chair will give a warning, and if the subject continues, they may be removed
(removal can be escalated based on situational needs).
• Prohibited conduct includes:
o Violation of city, state, or federal law.
o Interruption of speakers; name calling; boisterous remarks; yelling;
excessive loud commentary as determined by the Chair.
o Offensive use of abusive, obscene, profane, or threatening language or
gestures.
o Provoking a breach of the peace.
o Intimidate, threaten, or harm persons, or damage or destroy property.
Response to Public Comments
• Once the Open Forum period is closed, no additional public comments pertaining
to items will be heard, unless approved by the Council.
• City Council will generally listen rather than respond to comments.
Legal Consideration:
None.
Strategic Plan Consideration:
This proposed policy assists in the goal of Service and Innovation Excellence within the
City Council’s Strategic Plan.
Service and Innovation Excellence– performance management, governance,
operations, intergovernmental relations, policy review
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a Study Session
5. Discuss / take no action / table
Staff recommends approval of the policy as presented.
Supporting Documentation
Public Comment Policy
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City of Brookings
Policy: CC 1010
Title: Public Comment Policy
Issue Date:
December 20, 2022
Updated:
December 20, 2022
Section:
City Council
Policy Source:
City Council Policies
Policy Audience:
City Council & Public
Total Pages:
5
Introduction
The Brookings City Council encourages all residents to attend its meetings and welcomes their
views on matters within the Board’s jurisdiction, whether expressed in person, electronically, or
by written communication. All comments made by the public and me mbers of the City Council
must be civil and respectful.
All regular and special meetings of the Brookings City Council shall be open to the public and
shall conform to the Open Meetings Laws of South Dakota. The public is precluded from
attending an executive session of the Brookings City Council.
Authority of the Chair
In accordance with the Brookings City Charter, t he Chair of the Brookings City Council is the
designated individual who presides over City Council meetings. No person shall address a
meeting of a public body without permission of the Chair, and all persons shall, at the request
of the Chair, be silent.
If a person:
Speaks out of order,
Expresses obscenities, threats, or inflammatory words, or
Engages in other disorderly conduct during a meeting.
The Chair shall have the right to rule said person out of order, and may take steps to maintain
order.
Procedure for General Public Comments
1. Public comment will occur in the regular meeting during the Open Forum, except as
otherwise determined by the Chair.
2. The Chair will commence the Open Forum with the following statements, “All speakers
are asked to present their comments in a respectful and courteous manner , and within
the 3-minute time limit. If obscenities, threats or inflammatory words are expressed
during this meeting, you will be asked immediately to stop commenting. The comments
and views expressed by the public are those of the speakers and do not necessarily
reflect the views or positions of the City of Brookings or City Council.” This statement
will be listed on the agenda. The streaming video will contain a brief narrative consistent
with this policy.
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3. Each person wishing to provide public comment in writing shall deli ver such public
comment to the City Clerk. To be included in the public record, written public comment
must identify the person offering the public comment and their city of residence and the
agenda item for which public comment is being offered or whether it is being offered as
general public comment. Any public comment that does not include the name of the
person submitting it will not be forwarded to the Council. Such public comment must be
received by the City Clerk by 5 p.m. of the meeting day. Any public comment received
after the deadline will not be posted prior to the meeting.
4. Each person wishing to provide live public comment is encouraged to make such public
comment in person at the location advertised by the City Clerk. Individuals who wish to
comment are asked to sign in with the City Clerk upon arrival at the meeting. If the City
provides remote, electronic, or virtual options for providing live public comment, then
the City Clerk shall, in advance of each meeting, post on the City's website how to
provide such public comment. Please note that the primary format for providing live
public comment is in person. The City cannot and does not guarantee remote,
electronic, or virtual access to meetings.
5. Comments will be limited to 3 minutes per person. Verbal comments will be curtailed by
the Chair once they exceed the time limits.
6. Speakers will begin their remarks by clearly stating their first and last name and city of
residence for the record.
7. All comments must be made from the podium and must be directed to the Chair, unless
the Chair determines otherwise. All others will be ruled out of order.
8. Speakers may not assign their time to another speaker, and in general, exte nsions of
time will not be permitted. However, speakers who require reasonable
accommodations for a speech-related disability or who require language interpretation
services, or any other accommodations may request those accommodations from the
City Clerk. Accommodations will be provided as the City is able. Speakers are
encouraged to notify the City Clerk by email, or by phone at least 48 hours in advance , if
possible, of the meeting if they wish to request an extension of time for one of these
reasons.
9. Although the Public Comment time may be used to address questions to the
Council, a speaker is not entitled to a response to any such question.
10. The Chair shall have the right to interrupt a speaker in orde r to enforce decorum and
applicable rules. Other members of the City Council can call for a point of order.
11. The Chair reserves the right to terminate speech that is not Constitutionally protected
because it constitutes true threats, incitement to imminent lawless conduct, comments
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that were found by a court of law to be defamatory, and/or sexually explicit comments
made to appeal to prurient interests.
Interruptions and Other Disturbances:
Members of the public are required to act with decorum and to address the Governing
Body and each other with respect. No person shall interrupt the proceedings of the City
Council or cause any other form of disturbance or disruption. In furtherance of this
general rule, the following spec ific rules shall apply to persons attending any meeting of
the City Council:
a) Members of the public shall not engage in audible conversation or making noise in a
way that inhibits individuals from hearing and/or participating in a public meeting, or
disrupts the conduct of business by the Council.
b) Unless otherwise approved in advance of a Council meeting by the Chair or the
Chair's designee, no sign or placard greater in size than 8.5" by 11" may be
brought into the meeting room at any time. When a sign l arger than 8.5" by 11"
is authorized by the Chair or the Chair's designee, no such sign or placard shall be
displayed in a manner that will inhibit individuals from viewing a public meeting,
or that will otherwise disrupt the conduct of business by the Cou ncil. All signs
must be consistent with restrictions set forth in the authority of the chair
section.
c) Members of the public shall remain seated or stand without causing obstruction at all
times; however, any person may enter and leave the meeting room at any time,
provided such entrance or exit is made quietly and in an orderly fashion.
d) No person may be physically aggressive, impertinent, threatening, or otherwise
uncivil, uttering fighting words, speeches invasive of the privacy of individuals,
unreasonably loud speech, and speeches so disruptive of the proceedings that
the business of the City is substantially interrupted.
e) It shall be the duty of the Chair to preserve order and decoru m. Any member of
the public engaging in disruptive behavior that interferes with the Governing
Body's ability to conduct the business of the City may, after a warning, be subject
to removal from the meeting. The Chair may limit the comments of any person
who engages in this conduct. No person may continue to speak after the Chair
has taken the floor from that person. The following specific conduct is
prohibited during any meeting of the Council:
a. Conduct in violation of any City ordinance, state or federal law, or any
rule or regulation implementing state or federal law;
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b. Interruption of speakers; name calling; boisterous remarks; yelling;
excessive loud commentary as determined by the Chair;
c. Offensive use of abusive, obscene, profane, or threatening language or
gestures;
d. Acting or behaving in such an unreasonable manner so as to provoke a
breach of the peace; and
e. Any other act designed to intimidate, threaten, or harm persons, or
damage or destroy property.
f. The Chair shall have the right to interrupt a speaker in order to enforce
these rules or other applicable rules of order. Any member of the
governing body may call for a point of order to add ress any potential
violations of this policy.
f) Members of the public shall silence all electronic devices .
Response to Public Comments
a) Upon closing of the Open Forum pe riod, further public comments pertaining to items
not on the agenda will not be heard, unless approved by the Council.
b) During the Open Forum Period. City Council will generally listen rather than respond to
comments .
c) Public comments related to repairs, maintenance, safety issues or general information
will be referred to the appropriate department through the City Manager.
Enforcement
The standards of process and decorum set forth in these Rules will be enforced with
necessary means, up to and including eviction from the premises of the meeting at the
order of the Chair or a majority of the Members . In addition, a person who violates the
standards of process and decorum will be subject to other action as deemed necessary
by the Chair and Members. The removal of an offender from a public meeting shall
proceed as follows:
a) The Chair shall give the offender notice that they are violating certain terms of
these Rules and is subject to removal from the public meeting; however,
depending on the severity and nature of an act performed by a disruptive
individual, the Chair may call for immediate removal of the offender from the
meeting room.
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b) If the offender continues to violate any of the provisions of these Rules after
receiving the above notice, the Chair may order the removal of the offender
from the meeting room. If the offender continues the disturbance outside the
meeting room, such that the orderly conduct of business by the Council is
disrupted, the offender may be removed from the premises.
c) The offender has no right to appeal from an order of the Chair requiring the
removal of the offender from the meeting room or from the City/County Building
or meeting premises.
d) The offender removed from the premises may be criminally charged for any
violation of applicable law.
e) Any offender found in violation of these Rules may be s uspended from the
opportunity to speak at a public meeting of the City Council. The first such
suspension of an offender shall not be for a period of greater than one month. A
second such suspension within a 12-month period shall not be for a period of
greater than two months. A third such suspension within a 12-month period
shall not be for a period of greater than three months. Any additional
suspensions within a 12-month period shall not be for a period of greater than
12 months. Any violators can continue to utilize the public comment section of
the meeting within the electronic Granicus system.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 22-0477,Version:1
City of Brookings Progress Report.
Summary:
Jacob Meshke, Deputy City Manager, will provide a progress report highlighting the City’s
activities/projects.
Attachments:
Presentation
City of Brookings Printed on 12/21/2022Page 1 of 1
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Progress ReportDecember 2022
•Work in Progress/Look Ahead
•Finish exterior masonry
•Sheetrock and paint touch up
•Freezer/Cooler
•Aluminum Doors
•Upcoming Work/Long Range
•Carpet tile install (Next Week)
•Punch list items (Week of December 26)
•Final Clean (Early January)
•Install Blinds (Early January)
•Owner Training (Mid-January)
•Move-In: January 2023
Food Insecurity Facility
Mayor’s Awards & Holiday Party
•300 Attendees
•Nine (9) Awards Presented
•Disability Awareness
•Historic Preservation
•Parks and Recreation
•Human Rights
•Mayor’s Awards
Sir Crushalot
•Landfill Compactor Knighted by
Winning Class
•Teacher Billy Jo Meyer’s Hillcrest
Elementary Third Grade Class
•Mayor Niemeyer and Public Works
Director John Thompson presented a
certificate and gift card
Community Development/Parks
•Sidewalk/Trail Snow Removal
Dashboard
•Updated via iPads in vehicles
•Provides management with
real-time data/information
•Planning on a public map to
show open trails for winter
use
Library
•Native American History Month
Programs
•87 Attendees
•Four (4) Programs
•Interactive Movie Night
•42 Attendees
•Glowforge Workshops
•Popular
•Training Certification Available
Fire
•Office Renovation
•Current
•Paint
•Carpet
•Trim
•Next Steps
•Suspended Ceiling
•LED Light Upgrade
Swiftel Center
•December –15 event days
•Ty Eschenbaum Earn The Gift
Gala
•600 Attendees
•A Magical Cirque Christmas
•812 Attendees
•Home Free Concert
•2,700 Attendees Expected