1. law, govt and politics
2. legal issues
3. legislation
4. building laws

Codington County Planning Commission & Board of Adjustment Minutes
March 16, 2015
The Codington County Planning Commission/Board of Adjustment met for their monthly
meeting on March 16, 2015 at the Codington County Extension Complex. Members of the Planning
Commission/Board of Adjustment present were: Myron Johnson, Bob Fox, Rodney Klatt, Charles
Rossow, Mark O'Neill, Dan Thyen, and Luke Muller, Zoning Officer.
Codington County Commissioner Brenda Hanten filled the vacant seat on the board.
Others present were Tyler McElhany, Jeff DeVille, Sam Wilmes, Troy Stimson, Doris Riley,
Don Riley, Kenneth Dagel, David Stark, Heath Thompson, and Becky Goens.
Chairman Fox brought the meeting to order.
Motion by Hanten, second by O'Neill to approve the minutes of the February 23 meeting.
Motion passed unanimously.
Travis Weber is requesting three variances: 1) Existing Farmstead Exemption; 2) Lot Width;
and 3) One single-family, non-farm dwelling per quarter-quarter section. Property is owned by
Richard and Steven Weber and is located on a 5-acre parcel in SW1/4 of 21-117-54. Property is
currently being used as a base for farming operations and has been since prior to 1976. Motion by
Hanten, second by O'Neill, to approve all three variance requests subject to the following conditions:
i.
The applicant plat a parcel with a minimum 5-acre lot according to the County’s
subdivision regulations.
ii. Richard and Steven Weber sign a letter of assurance transferring the 5 acre building right
to the parcel to be owned by Travis and agreeing that the existing residence on the
remainder of the quarter section will be required to have a minimum of 35 acres.
Motion passed unanimously.
Don Riley is requesting a variance to the Lot Size and Lot Width for his property located in
Government Lots 3&4 less the 1,491.6', including Harold's Addition, including Westerly of BNSF RR
ROW and less BNSF ROW, all in 7-117-52. Riley requests to create three lots while only two of said
lots will contain building rights. Muller reviewed History per Staff Report Issue #2 (attached). Motion
to approve made by Klatt, second by Hanten, based on findings as read at the meeting and subject
to the following conditions:
i.
The applicant plat the property in accordance with Codington County Subdivision
requirements
ii.
One lot of approximately 10 acres will retain residential buildings rights.
iii.
The remainder of Government Lot 3 and Government Lot 4 (owned by the applicant)
will be platted into two lots (east and west of the railroad.) These lots will retain 1
1
residential building right provided the two lots are transferred together. If the Lots are
sold separately, no residential building permits may be issued.
Motion passed unanimously.
Knife River Midwest, LLC is requesting to extend an existing Conditional Use Permit that was
issued in 2014. Property is owned by Steve Horning and is located in a portion of SW1/4 of NW1/4
and Government Lots 3-4, 2-116-53. It was expected the project would be completed in 2014,
however, it was not. There have been no documented complaints. Motion by Johnson, second by
Thyen, to approve the request subject to the same conditions as last year except that the date of
reclamation to be changed. The conditions are as follows:
i.
Prior to the commencement of any activities, a final site plan which complies with the
decision of this Board is submitted to the Zoning Officer.
ii. Applicant shall obtain all required permits from South Dakota Department of Environment
and Natural Resources (DENR) including but not limited to Storm Water Permit(s) and/or
the development of a Storm Water Pollution Prevention Plan as required by DENR.
iii. There will be no storage of junk on site including but not limited to: scrap metal, tires,
inoperable vehicles, etc.
iv. The temporary Batch Plant, any piles, or any other structures shall meet all required
setbacks. (65 feet from Right-of-Way, and 25 feet from all other adjoining property lines.)
v. The applicant shall complete reclamation of the site on or before September 1, 2015.
vi. The applicant shall regularly utilize watering trucks, magnesium chloride, and/or other
commonly used means of controlling dust from leaving the site during operation.
vii. If complaints regarding the generation of dust are received by the Zoning Office, the
applicant may be required to immediately administer dust control practices.
viii. The applicant shall provide written verification that it has access from US 212 granted by
the SDDOT and access agreement to cross property to the north to access this site prior
to commencement of operation.
ix. No portion of the above described parcel lying less than 1,000 ft from the high water mark
of Lake Pelican may be utilized for the proposed use.
x. The Batch Plant shall be located at least 1,000 ft from the nearest house.
xi. If there are documented complaints regarding the failure of the applicant to meet the
prescribed conditions by this permit or the ordinance, the applicant may be required to
close the facility.
xii. The applicant further agrees that if any terms of this agreement are not complied with, the
applicant shall forfeit his/her claim to a conditional use permit.
Motion passed unanimously.
2
Troy Stimson is requesting a Conditional Use Permit to operate a Class 4 Concentrated
Animal Feeding Operation (CAFO) for up to 350 animal units over the shallow aquifer and a
variance to allow such operation less than 1320' from established residences. Property is owned by
his father, Roger Stimson, and is located in W465' of S1658', and E520' of W985' of S1928' in
SW1/4, 14-116-52. Stimson currently operates a dairy at this location whereas he milks
approximately 80 cows. This dairy has existed prior to 1997. Muller reviewed "History", "Specifics of
Request", and "Staff Summary" per Staff Report (attached). No complaints have been received with
regard to the operation or the request. The variance is only required due to the manure handling
system improvements being made to his operation. Motion by Johnson, second by Hanten, to
approve the variance request. Kenneth Dagel, adjoining landowner, questioned the origin of the
setback requirement. Muller indicated it was put into place in 1997 based on a model feedlot
ordinance drafted by South Dakota DENR. The state does not have a setback ordinance but does
have requirements regarding the spreading. Motion passed unanimously.
Motion by Thyen, second by Hanten, to approve the Conditional Use Permit request based
upon findings as read at the meeting and subject to the applicant signing a Letter of Assurance
agreeing to the following:
i.
The applicant will submit revised engineering plans including construction of a secondary
containment facility as required by the aquifer protection ordinance following consultation
and/or review by East Dakota Watershed Development District Staff and Sioux Rural Water
staff.
ii. Construction of the proposed lagoon will include the construction of the required secondary
containment in accordance with the revised engineering plans.
iii. The applicant agrees to comply with the submitted nutrient management plan, fly and odor
management plan, and manure management plan.
iv. Applicant shall provide updated information regarding fields included in the nutrient
management plans upon request by the Zoning Officer.
v. This Conditional Use Permit authorizes the use of this property for a Concentrated Animal
Feeding Operation (Dairy) consisting of 350 animal units.
vi. The Conditional Use Permit is transferable. Subsequent owners/operators will be required to
agree to the terms of this permit.
vii. If there are 1) Violations of the Conditional Use Permit or other Codington County Zoning
regulations or 2) Failure of the manure containment system, the applicant may be required to
forfeit the Conditional Use Permit.
viii. Violation of the terms of this conditional use permit will be determined by the Codington
County Zoning Officer.
3
i.
The first violation substantiated by the Zoning Officer of this conditional use permit may
result in a notification letter stating the violation and a prescribed period of time to remove
the violation.
A second violation occurring within one calendar year of the previous
violation may result in a review of the validity of the conditional use permit and potential
revocation of said permit. A third violation within one calendar year of the initial violation
may result in revocation of the conditional use permit and cessation of all dairy operations
within forty-five days (45) of notice of revocation.
ii. The applicant may make appeal from the decision of the Zoning Officer or other agent of
the Codington County Board of Adjustment to the Codington County Board of Adjustment.
The applicant shall file with the Zoning Officer a notice of appeal specifying the grounds
thereof. The Zoning Officer shall forthwith transmit to the Board of Adjustment all papers
constituting the record upon which the action appealed from was taken. Such appeal shall
be taken within thirty (30) days. Appeals from the Board of Adjustment shall be taken to
Circuit Court.
iii. Failure to comply with the decision of the Zoning Officer or other agent of the Codington
County Board of Adjustment may be deemed a separate violation.
Motion passed unanimously.
Muller submitted the Plat of Travis Weber Addition related to the variances approved earlier
in the meeting. A Letter of Assurance to be recorded indicating this property is where the 5-acre
building right would be and any other building permits in this quarter-quarter section would require
35-acres. Motion by Thyen, second by Rossow, to recommend approval to the Board of County
Commissioners subject to the aforementioned signing of Letter of Assurance. Motion passed
unanimously.
Muller indicated that an application will be presented to the office in the future regarding a
site near the sailboat landing that was not included in the Rural Residential District but probably
should have. Discussion was held regarding the area in question and whether the board would be
interested in rezoning. Motion by Johnson, second by Klatt, to request Mr. Muller to start the process
of rezoning to Rural Residential District. The township will be consulted. Motion passed 6-1.
Muller wanted to remind the board and the audience with regard to a brief training exercise.
Within our Land Use Plan, there was a section regarding administration and handling of building
permits, etc. Conditional Use Permits are largely an administrative function of the Board of
Adjustment to be able to follow through and make sure the conditions that are required by the
ordinance are met. There are five basic questions with every Conditional Use Permit application.
Some others have additional requirements, ie. Junkyards, feedlots, etc. The Land Use Plan
identifies that if the Use is listed in the district, it is compatible with the other properties in the
4
Agricultural District; therefore, the compatibility section refers more to conditions. This board does
not have any problems with this process but wanted to reiterate the ordinance is listed with specific
requirements. If an applicant can meet those requirements, there is no reason to deny the
application. Kenneth Dagel inquired about procedures for handling opposition. Muller responded by
indicating it is a public hearing and sometimes opposing sides can uncover things that were not
apparent at the hearing. In many cases, the opposing concerns can be addressed by the applicant
with hopes for finding solutions. Rules are in place so that a standard is provided for each applicant.
Motion to adjourn by Johnson, second by O'Neill. Motion passed unanimously.
Respectfully Submitted,
Becky Goens, Secretary
5
MARCH 2015
PLANNING COMMISSION/BOARD OF ADJUSTMENT
STAFF REPORT
MONDAY – MARCH 16, 2015 – 9:00 a.m.
BOARD OF ADJUSTMENT
ISSUE #1 (3) VARIANCES
Applicant: Travis Weber
Owner: Richard and Steven Weber
Property Description : a 5-acre parcel in SW1/4 of Section 21-T117N-R54W, Codington County,
South Dakota. (Richland Township)
Zoning Designation: Agricultural
Request: Mr. Weber seeks variances from the minimum lot width, minimum lot area (by virtue of
existing farmstead exemption), and maximum density per quarter-quarter section.
History/Issue(s):
1. The property is used as a base for farming operations and has been since prior to 1976.
2. Travis Weber seeks to purchase approximately 5 acres in the same quarter-quarter section as
the existing farmstead.
3. Codington County’s Zoning Ordinance does allow for variance from the 35 acre-minimum lot
requirement if the lot is determined to be an existing farmstead which contains at least five acres
and thereby affording building rights.
4. The parcel contains an existing farmstead as defined by the Codington County Zoning
Ordinance.
5. Staff recommendation –Existing Farmstead Exemption and variance to Minimum Lot WidthApprove request because 1) The lot does contain at least five acres which meets the terms of
the Ordinance. 2) The Zoning Officer after review of records and site-visit has determined that
this parcel was used as an existing farmstead/residential site prior to October 26, 1976 subject to
the following conditions:
iii. The applicant plat a parcel with a minimum 5-acre lot according to the County’s
subdivision regulations.
iv. Richard and Steven Weber sign a letter of assurance transferring the 5 acre building right
to the parcel to be owned by Travis and agreeing that the existing residence on the
remainder of the quarter section will be required to have a minimum of 35 acres.
Action Item – Variances – Minimum lot size/Existing farmstead exemption (3.04.03.7.b),
minimum lot width (3.04.03.2), Residential Density per quarter quarter section (3.04.01.2).
6
ISSUE #2 (2) Variances
Applicant/Owner: Don Riley
Property Description: Government Lots 3&4 less the 1,491.6', including Harold's Addition,
including Westerly of BNSF Railroad ROW & less BNSF ROW, all in Section 7-T117N-R52W,
Codington County, South Dakota. (Elmira Township)
Zoning Designation: Agricultural
Request: Mr. Riley requests to create 3 lots (2 of which with building rights).
History/Issue(s):
1. Mr. Riley owns and lives at the above described property. The Government lots were platted
with the original survey of this county.
2. Prior to 1976 the (now BNSF) railroad split the government lots into portions east and west of
the railroad.
3. Also prior to 1976 Harold’s Addition was platted.
4. Mr. Riley’s legal description includes the following portions of property created before 1976:
a. Government lot 3 less Harold’s Addition lying west of the railroad.
b. Government Lot 3 east of the railroad.
c. Government Lot 4 east of the railroad.
5. Mr. Riley requests to create one (approximately 10 acre lot) at the site of his home (west of
the railroad and retain building rights.
6. Mr. Riley hopes to retain building rights on the remaining 40 acres which includes portions on
both sides of the railroad.
7. The Board has in the past approved variances allowing the reconfiguration nonconforming
lots.
8. If approved the Board should assign 2 building rights (one to the site of the existing house
and require the remainder of Government Lots 3 and 4 to be transferred together in the
future in order to retain building rights.
9. Staff recommendation –Variance to Minimum Lot Area and Minimum Lot Width- The
Board could use a single motion to approve request based upon the following findings:
ii. The applicant owns 3 legal descriptions which existed prior to October 26, 1976.
iii. Approval of this variance does not increase the development density that existed prior to
October 26, 1976.
iv. Future similar requests will be required to meet conditions similar to this request.
v. Based upon the above findings approval of this variance will be consistent with the intent
of the Agricultural District and the Comprehensive Land Use Plan provided:
i.
The applicant plat the property in accordance with Codington County Subdivision
requirements
ii.
One lot of approximately 10 acres will retain residential buildings rights.
iii.
The remainder of Government Lot 3 and Government Lot 4 (owned by the applicant)
will be platted into two lots (east and west of the railroad.) These lots will retain 1
residential building right provided the two lots are transferred together. If the Lots are
sold separately, no residential building permits may be issued.
Action Item – Variance – Minimum Lot Width (3.04.03.2)
Variance – Minimum Lot Area (3.04.03.1)
7
ISSUE #3 CONDITIONAL USE PERMIT
Property Owner: Steve Horning
Applicant: Knife River Midwest LLC
Property Description : a portion of SW1/4 of NW1/4 and Government Lots 3-4, Section 2-T116NR53W, Codington County, South Dakota. (Pelican Township)
Zoning Designation: I - Industrial
Request: Knife River seeks to extend a permit issued February 24, 2014 for a temporary Concrete
Batch Plant in conjunction with the US 212 Construction Project in the summer of 2014.
History/Issue(s):
1. On February 24, 2014, Knife River was granted a permit to operate a temporary concrete batch
plant associated with road construction on US HWY 212.
2. The permit was granted provided no portion of the operation was located less than 1,000’ from
Lake Pelican and a site plan was submitted to the zoning office indicating such.
3. The permit was required to be renewed if the project and reclamation were to last beyond
December 1, 2014.
4. Knife River complied with all prescribed measures of the conditional use permit, but the project
needed to be extended.
5. The proposal is to use the property in the same manner as it was last year. Much of the
operation and driving area is actually located within City Limits.
6. Knife River expects reclamation to be completed by September 1, 2015.
7. Staff Recommendation: Conditional Use Permit – Temporary Concrete Batch Plant Staff recommends the approval of the request based upon the same findings as last year and
subject to the same conditions as last year except that the date of reclamation be changed (see
item “v” below):
A. “Other industrial or commercial uses determined by the Board of Adjustment to be consistent
with the intent of this District that can meet the performance standards listed in section
3.06.04” are allowable in the I - Industrial District under certain conditions.
B. Temporary Concrete batch plants can meet the performance standards listed in 3.06.04 as
demonstrated by the permanent batch plant already located in an Industrial District.
C. No portion of the above described parcel lying less than 1,000 ft from the high water mark of
Lake Pelican may be utilized for the proposed use.
D. Only those areas identified on February 24, 2014 may be used for a) the location of the batch
plant, b) storage of materials and associated activities. (Exhibit A has been attached for
reference.)
E. In no way shall this permit be construed to prevent or modify the powers of the City of
Watertown from exercising planning and zoning jurisdiction within its corporate limits as the
request is outside of the corporate limits of the City of Watertown.
F. In addition to all other applicable requirements the application can meet the provisions of
Section 3.04.02.4 which sets forth minimum requirements for Concrete Batch Plants
provided the following conditions are met:
xiii. Prior to the commencement of any activities, a final site plan which complies with the
decision of this Board is submitted to the Zoning Officer.
8
xiv. Applicant shall obtain all required permits from South Dakota Department of Environment
and Natural Resources (DENR) including but not limited to Storm Water Permit(s) and/or
the development of a Storm Water Pollution Prevention Plan as required by DENR.
xv. There will be no storage of junk on site including but not limited to: scrap metal, tires,
inoperable vehicles, etc.
xvi. The temporary Batch Plant, any piles, or any other structures shall meet all required
setbacks. (65 feet from Right-of-Way, and 25 feet from all other adjoining property lines.)
xvii. The applicant shall complete reclamation of the site on or before September 1,
2015.
xviii. The applicant shall regularly utilize watering trucks, magnesium chloride, and/or other
commonly used means of controlling dust from leaving the site during operation.
xix. If complaints regarding the generation of dust are received by the Zoning Office, the
applicant may be required to immediately administer dust control practices.
xx. The applicant shall provide written verification that it has access from US 212 granted by
the SDDOT and access agreement to cross property to the north to access this site prior
to commencement of operation.
xxi. No portion of the above described parcel lying less than 1,000 ft from the high water mark
of Lake Pelican may be utilized for the proposed use.
xxii.
The Batch Plant shall be located at least 1,000 ft from the nearest house.
xxiii. If there are documented complaints regarding the failure of the applicant to meet the
prescribed conditions by this permit or the ordinance, the applicant may be required to
close the facility.
xxiv. The applicant further agrees that if any terms of this agreement are not complied with,
the applicant shall forfeit his/her claim to a conditional use permit.
Action Item –
Conditional Use Permit – Other uses in the Industrial District [Temporary
Concrete Batch Plant] (3.06.02.12).
ISSUE #4 CONDITIONAL USE PERMIT and VARIANCE
Applicant: Troy Stimson
Property Owner: Roger Stimson
Property Description : W465' of S1658', and E520' of W985' of S1928' in SW1/4, Section 14T116N-R52W, Codington County, South Dakota. (Sheridan Township)
Zoning Designation: A - Agricultural
Request: Troy Stimson seeks to construct a manure lagoon over the shallow aquifer for his existing
operation which is located less than 1,320’ from established residences.
History/Issue(s):
Ordinance and Comprehensive Land Use Plan regarding this request:
1. The Comprehensive land use plan lists numerous considerations for CAFO’s on pages 59-60, all
of which are addressed in the zoning ordinance (see below).
2. Ordinance allows for expansion of operations existing prior to 1997 by up to 300 animal units
without needing additional permits.
9
3. Codington County Zoning Ordinance suggests a setback of 1,320’ from established residences
for CAFO’s with less than 1,000 animal units.
4. The Board of Adjustment may decrease setbacks after a review of past management practices
and proposed improvements to waste handing facilities.
5. [Manure] Lagoons for CAFO’s of less than 1,000 animal units are allowed by conditional use if
secondary containment is provided. No design standards are provided for the secondary
containment.
6. A nutrient management plan is required (submitted)
7. A manure management plan is required (submitted)
8. A Management plan for fly and odor control (completed)
9. Site plan has been provided
10. Review of Specifications and nutrient management plan by NRCS (provided)
11. Information on soils, shallow aquifers, wellhead protection areas and floodplain (provided)
12. Zoning Officer notified Codington County Highway Superintendant of the request.
13. Zoning Officer notified (via email) the Sioux Rural Water Manager of the request and provided
plans.
14. Since 2004 Codington County has 0 Type 4 CAFO permits (less than 1,000 over the shallow
aquifer).
15. One permit was issued for an operation of over 1,000 over the shallow aquifer (Czech) but
monitoring wells were required.
Specifics of Request:
1. Troy Stimson operates a dairy at the present location where he milks approximately 80 cows.
This site has been used as a dairy since prior to 1997.
2. Currently, the manure management system includes a barn and manure is piled until it can be
spread.
3. The current operation is not located over the shallow aquifer.
4. The dairy is presently located less than 1,320’ from 7 different residences.
a. Staff has received no complaints/objections as of 3/9/15 regarding this requests
5. Mr. Stimson is working with NRCS to construct a lagoon capable of handling waste for up to 240
dairy cows (343 animal units).
a. The lagoon will be 250’ x 75’ located directly south (in line/approx 350’ east of 45th
Ave) with the existing freestall barn on site.
b. Manure will be pumped to the lagoon rather than gravity flow.
c. Future 120 head milking parlor is shown on plans but not anticipated at the present
time.
6. A portion of the proposed lagoon will be located over the shallow aquifer (Zone C of the Aquifer
Protection District)
7. No secondary containment is shown at this time. Jay Gilbertson at East Dakota Watershed has
offered to help determine a design standard for the secondary containment structure.
Staff Summary
1. Regarding a denial of either the conditional use permit or variance
Because this is an operation which started prior to 1997 denial of the variance or conditional use
permit would not deny the ability to operate a dairy at this location, but would limit the number of
animals/location where additional animals could be placed and would ensure that manure would
be managed by piling it and hauling it, rather than using an engineered lagoon.
2. Regarding the Variance:
At the present time, the only need for the variance is to authorize the applicant to improve his
manure handling system by adding the earthen lagoon. In the past the Board has granted
variances to suggested setbacks for operations improving their manure management system.
10
The Board may attach conditions, for example: require tree plantings, and/or limit the future
expansion of this CAFO as a condition of granting variance/conditional use.
3. Regarding the Conditional Use Permit:
Since 2004 no permits have been issued for Type 4 feedlots with lagoons over the shallow
aquifer. Czech Dairy was permitted, but considerably larger, downstream from this site. Given
the size of the proposed operation the board may allow the permit without requiring monitoring
wells, but should work with any recommendations from Sioux Rural Water. This permit
CANNOT be granted as proposed unless some form of secondary containment is added for the
lagoon. The applicant and his engineer could work with East Dakota Water Development District
and/or Sioux Rural Water to complete plans for secondary containment prior to construction of
the lagoon.
Staff Recommendation
Variance – 7 Residences less than 1,320’ from CAFO: The Board may table the request, deny
the request or approve the request. If approved, the Board may use findings similar to variances for
decreasing setbacks from established residences:
•
•
•
The Zoning Ordinance allows for decrease in setbacks after a review of past
management practices and proposed improvements to the waste handling facilities.
The Board of Adjustment has determined that the proposed system will improve the
waste handling facilities of the operation and the Zoning Office has no history of
complaints regarding this operation.
The operation proposes to expand the existing 100 animal unit dairy to a maximum of
350 animal units and will not be allowed to expand beyond 350 animal units unless
another variance is granted.
Conditional Use Permit – Class 4 CAFO with Lagoon over the shallow aquifer: The Board may
table the request, deny the request or approve the request. If approved, the Board may use findings
based upon the comprehensive land use plan, zoning ordinance and testimony heard at this
meeting:
A. Standard Findings of Fact for Conditional Uses and Variances adopted March 17, 2014.
B. The following use is listed in the A – Agricultural Zone of the Codington County Zoning
Ordinance and Zone C of the Aquifer Protection District (Ref: SDCL 11-2-17.3):
Class 4 CAFO (Ref: Zon. Ord. 3.04.02.8).
Earthen Storage Basins and Lagoons (Ref: Zon. Ord. 3.12.05.02.3)
C. On or before March 2, 2015, Troy Stimson applied for a conditional use permit (Ref: Zon.
Ord. 4.05.01.1) to allow for the construction of a warehouse upon the following legally
described property: W465' of S1658', and E520' of W985' of S1928' in SW1/4, Section 14T116N-R52W, Codington County, South Dakota.
D. That Class 4 Concentrated Animal Feeding Operations (Ref: Zon. Ord. 3.04.02.18) are allowable
in the A – Agricultural District under certain conditions (Ref: Zon. Ord. 3.05.02.18); and Earthen
Storage basins and lagoons are allowable in Zone C – Aquifer Protection District under certain
conditions (Ref: Zon Ord. 3.12.05.02.3). Therefore The Board of Adjustment finds that it is
empowered under Sections 3.05.02.18 and 3.12.05.02.3 of the Zoning Ordinance to grant the
conditional use, and that the granting of the conditional use will not adversely affect the public
interest. (Ref: Zon. Ord. 4.05.01.5)
E. The application provides for, or can, by attaching conditions, provide for secondary containment
of an earthen [manure] storage lagoon (Ref. Zon. Ord. 3.12.06.2)
11
F. The application included the Owner’s Name, address, and telephone number (Ref. Zon. Ord.
5.21.05.10.a)
G. The application included the legal description of the site and site plan (Ref. Zon. Ord.
5.21.05.10.b)
H. The application included the number and type of animals proposed (Ref. Zon. Ord. 5.21.05.10.c)
I.
A nutrient management plan, prepared and reviewed by NRCS was provided (Ref. Zon. Ord.
5.21.05.10.d & 5.21.05.10.h)
J. A manure management plan and operation plan was provided (Ref. Zon. Ord. 5.21.05.10.e)
K. A fly and odor management plan was provided (Ref. Zon. Ord. 5.21.05.10.f)
L. The Board of Adjustment reviewed information regarding the ability of the applicant to meet
suggested setbacks and separation distance, including a site plan (Ref. Zon. Ord. 5.21.05.10.g)
M. The Board of Adjustment reviewed information regarding the soils, shallow aquifers, designated
wellhead protection areas, and 100-year floodplain delineation (Ref. Zon. Ord. 5.21.05.10.i)
N. The Codington County Highway Superintendent maintains 458th Avenue near this property and
was notified. (Ref. Zon. Ord. 5.21.05.10.j)
O. Sioux Rural Water provides a public water supply which utilizes the aquifer most directly
impacted by this proposed location and was notified of the application, and provided time to
review plans. (Ref. Zon. Ord. 5.21.05.10.j)
P. In order to comply with the requirements of Section 4.05.01.6, Chapter 5.21, and Section
3.12.06 of the Zoning Ordinance the Board of Adjustment prescribes the following
conditions and safeguards in conformity with the Codington County Comprehensive Land
Use Plan and Zoning Ordinance (Zon. Ord. 4.05.01.7) to be agreed to in the form of a
“Letter of Assurance”:
ix. The applicant will submit revised engineering plans including construction of a secondary
containment facility as required by the aquifer protection ordinance following consultation
and/or review by East Dakota Watershed Development District Staff and Sioux Rural Water
staff.
x. Construction of the proposed lagoon will include the construction of the required secondary
containment in accordance with the revised engineering plans.
xi. The applicant agrees to comply with the submitted nutrient management plan, fly and odor
management plan, and manure management plan.
xii. Applicant shall provide updated information regarding fields included in the nutrient
management plans upon request by the Zoning Officer.
xiii. This Conditional Use Permit authorizes the use of this property for a Concentrated Animal
Feeding Operation (Dairy) consisting of 350 animal units.
xiv. The Conditional Use Permit is transferable. Subsequent owners/operators will be required to
agree to the terms of this permit.
xv. If there are 1) Violations of the Conditional Use Permit or other Codington County Zoning
regulations or 2) Failure of the manure containment system, the applicant may be required to
forfeit the Conditional Use Permit.
12
xvi. Violation of the terms of this conditional use permit will be determined by the Codington
County Zoning Officer.
iv. The first violation substantiated by the Zoning Officer of this conditional use permit may
result in a notification letter stating the violation and a prescribed period of time to remove
the violation. A second violation occurring within one calendar year of the previous
violation may result in a review of the validity of the conditional use permit and potential
revocation of said permit. A third violation within one calendar year of the initial violation
may result in revocation of the conditional use permit and cessation of all dairy operations
within forty-five days (45) of notice of revocation.
v. The applicant may make appeal from the decision of the Zoning Officer or other agent of
the Codington County Board of Adjustment to the Codington County Board of Adjustment.
The applicant shall file with the Zoning Officer a notice of appeal specifying the grounds
thereof. The Zoning Officer shall forthwith transmit to the Board of Adjustment all papers
constituting the record upon which the action appealed from was taken. Such appeal shall
be taken within thirty (30) days. Appeals from the Board of Adjustment shall be taken to
Circuit Court.
vi. Failure to comply with the decision of the Zoning Officer or other agent of the Codington
County Board of Adjustment may be deemed a separate violation.
Action Items:
Variance – Suggested Setback from Class 4 CAFO (5.21.02.6.a)
Conditional Use - Class 4 CAFO (3.04.02.18)
ISSUE #6 Staff Report
13
•
Schmeling/Sutten proposal
•
Review of policy regarding the granting of conditional use permits