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Agenda ItemLocations

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August 17, 2020Planning and Zoning Board Meeting

Subdivision AuthorityJoint Jurisdiction

Public AreasTownLakes

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MINUTES OF THE LINCOLN COUNTY PLANNING COMMISSION July 20, 2020

COUNTY PLANNING COMMISSION MEMBERS PRESENT: Erik Scott, Jerry Jongeling, Gary Pashby, Stacey Clay Namminga, and Wendi Hogan

STAFF PRESENT: Toby Brown & Joan Doss - County Planning

PUBLIC PRESENT: Larry Bramstedt, Myron Bramstedt, Dan Devine, Mathew Roach, Michael Waldner, June Shields, Gaylon Johnson, Norm Smeenk, Wayne Bramstedt, Brian Bramstedt,, Randal & Mary Haberer, Todd Ramsey, Colisha Eichacker, Michelle Hurley, Kevin Wheeler, Jerry Schreurs, John Disbrow, Nancy and Jeff Kirstein, Kathy & Lennis Hahn.

1. CALL TO ORDER AND ROLL CALL The regular meeting was called to order on July 20, 2020 at 6:30pm in the Commission Meeting Room of the Lincoln County Courthouse by Chairman Pashby.

2. APPROVAL OF JUNE 15, 2020 MINUTES Namminga motioned to approve the minutes and was seconded by Hogan. Motion passed unanimously (5-0).

3. APPROVAL OF AGENDA Namminga motioned to approve the agenda and seconded by Scott. The motion passed unanimously (5-0).

4. OPPORTUNITY FOR PUBLIC COMMENT NOT INVOLVLING ITEMS ON THE AGENDA – No comments were presented.

5. PUBLIC HEARINGS – a. RZNE-0027-2020: Rezoning from the A-1 Agricultural zoning district to the C Commercial zoning

district. The property is legally described as the North half (N1/2) of the Northwest quarter (NW1/4), except Lots H-1 and except North 211.5 feet of the East 412 feet, of Section 33, Township 100 North, Range 49 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Pride Built Homes/Larry Lynn Bramstedt Location: SE corner of the intersection of 272nd Street and South Dakota Highway 11 - Harrisburg

Staff Presentation: Toby gave an overview of the application, and noted this would rezone 10 acres of an existing 75 acre parcel. He also noted this would conform to the City of Harrisburg’s future land use map within their comprehensive plan and that Harrisburg would have subdivision authority. Public Comment: Matt Roach, the applicant, noted one of the lots would be for their business, and the rest would be developed as single unit contractor shops. He also noted they are currently working on a drainage plan for Harrisburg. Pashby asked for public comment. Larry Bramstedt noted tile already exists for site drainage, and that Highway 11 a good place for commercial development. Myron Bramstedt also noted he was in favor of the application. Norm Smeenk noted concern about water runoff. Brian Bramstedt noted that Highway 11 is very busy, and that development would cause more traffic and accidents. Hearing no further comments, Pashby closed the floor. Discussion & Action: Namminga motioned to recommend approval and was seconded by Hogan. Jongeling noted this would change the entire area, and commercial land will likely expand beyond these 10 acres. Scott noted that the SD DOT will address traffic concerns with their permit. Motion passed unanimously (5-0)

b. RZNE-0046-2020: Rezoning from the A-1 Agricultural zoning district to the RR Residential zoning district. The property is legally described as the Lot 5A of Tower Estates in the Northwest quarter (NW1/4) of Section 6, Township 99 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota.

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Applicant/Owner: Randal Haberer Location: 47016 Teri Lane - Tea Staff Presentation: Toby gave an overview of the application and noted the property was recently platted by the city of Tea. Public Comment: Kevin Wheeler, applicant’s representative, noted the rezoning would be used for one house, and that Tea doesn’t have any issues with the development. Pashby asked for public comment Terry Mark noted he welcomes the new house in the area. Hearing no further comments, Pashby closed the floor. Discussion & Action: Scott motioned to recommend approval and was seconded by Jongeling. Motion passed unanimously (5-0).

c. USE-0007-2020: Conditional Use Permit to allow warehousing to exceed 20,000 square feet on the premise – requesting 23,040 square feet. The property is legally described as Tract 9 of the Southwest Industrial Park in the East half (E1/2) of the Southeast quarter (SE1/4) of Section 24, Township 100 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Jeff Shotkoski/Pearl Creek Investments LLC Location: Approximately 300 feet north of intersection of 271st Street and Thomas Avenue - Tea

Staff Presentation: Toby gave an overview of the application, noted the site is within the subdivision authority of Tea, and outlined the recommended conditions as follows:

1. The Conditional Use Permit (USE-0007-2020) is approved solely for the construction of 23,040 sq. ft. warehousing (self-service storage) on the property. Any expansion of the building or the property for warehousing shall be permitted only upon approval of a new Conditional Use Permit.

2. The property must be developed and maintained in substantial conformance with the site plan dated June 10, 2020 or as approved by the City of Tea.

3. All reasonable efforts shall be made to ensure the security of the buildings and the property. 4. No unscreened outdoor storage shall be allowed on the property. 5. Lighting shall be down shielded to prevent glare on adjacent properties. 6. A building permit is required before work to construct, enlarge, alter, repair, move, or demolish a building

or structure, or to change the occupancy (use) of a building or structure. 7. A certificate of occupancy issued by the building official is required before the building or structure, or

portion thereof, is used or occupied. Public Comment: Jeff Shotkoski, the applicant, noted that the lot would eventually be surfaced with asphalt, but he needs the gravel to settle. Pashby asked for public comment, hearing none he closed the floor. Discussion & Action: Namminga motioned to approve with the recommended conditions and was seconded by Scott. Motion passed unanimously (5-0).

d. USE-0042-2020: Conditional Use Permit to allow Class 1 Major Home Occupation. The property is legally described as the Lot 1 of Eichacker’s Addition in the Southeast quarter of the Southwest quarter (SE1/4SW1/4) of Section 1, Township 99 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Michelle Hurley Location: 46946 274th St - Lennox

Staff Presentation: Toby gave an overview of the application. He then outlined the recommended conditions as follows:

1. The Conditional Use Permit (USE-0042-2020) is approved for the use of a Class 1 Major Home Occupation.

2. The property must be developed and maintained in substantial conformance with the site plan dated May 21, 2020.

3. No unscreened outdoor storage pertaining to the home occupation shall be allowed on the property. 4. The occupation shall conform to the regulations outlined with Section 12.0302(A) of the 2009 Revised

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Zoning Ordinance for Class 1 Major Home Occupations. Public Comment: Colisha Eichacker, noted they are looking to expand their business space outside of the home. They receive normal UPS deliveries, and not anticipating any increase in traffic. Pashby asked for public comment, hearing none he closed the floor. Discussion & Action: Jongeling motioned to approve with the recommended conditions and was seconded by Scott. Motion passed unanimously (5-0).

e. USE-0045-2020: Conditional Use Permit to allow warehousing to exceed 10,000 square feet – requesting 16,000 square feet. The property is legally described as the Lot 1 of Block 4 in the La Valley Business Park Addition in the northwest quarter (NW1/4) of Section 5, Township 99 North, Range 50 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Travis Waldner/Dennis Klinghagen Location: Southeast corner of the intersection of LaValley Pl and Homefield Pl – Harrisburg

Staff Presentation: Toby gave an overview of the application. He then outlined the recommended conditions as follows: 1. The Conditional Use Permit (USE-0045-2020) is approved for the use of a warehousing. 2. The property must be developed and maintained in substantial conformance with the site plan dated July

2020. 3. No unscreened outdoor storage shall be allowed on the property. 4. No businesses shall be operated out of the warehousing units. 5. Lighting shall be down shielded to prevent glare on adjacent properties. 6. A building permit and floodplain development permit is required before work has begun to construct the

proposed warehousing building. 7. A certificate of occupancy issued by the building official is required before the building or structure, or

portion thereof, is used or occupied. Public Comment: Michael Waldner, the applicant, noted the building would be mostly storing construction equipment, and 4 smaller units would be leased. Outside storage would include trailers. Pashby asked for public comment, hearing none he closed the floor. Discussion & Action: Hogan motioned to approve with the recommended conditions and was seconded by Namminga. Motion passed unanimously (5-0).

f. USE-0049-2020: Conditional Use Permit to allow a private outdoor recreation facility. The property is legally described as Tract 2C of Kroger’s Addition in the Northwest quarter of (NW1/4) of Section 28, Township 98 North, Range 51 West of the 5th Principal Meridian, Lincoln County, South Dakota. Applicant/Owner: Jeff and Nancy Kirstein Location: 28318 466th Ave – Lennox

Staff Presentation: Toby gave an overview of the application. He then outlined the recommended conditions as follows: 1. The Conditional Use Permit (USE-0049-2020) is approved for the use of a Private Outdoor Recreation

Facility as described in the application dated June 19, 2020. 2. Conditional Use Permit No. USE-0049-2020 shall replace Conditional Use Permit No. USE-0019-2019. 3. The property must be developed and maintained in substantial conformance with the site plan dated June

22, 2020. 4. The recreation facility shall not create noise which is detectable off the property between the hours of 6:00

p.m. and 8:00 a.m. 5. Gravel surfacing shall be provided for the parking area.

Public Comment: Nancy Kirstein, the applicant, noted they are looking at expanding their operation to include events like a pumpkin patch and classes. Pashby asked about other events, and Nancy and Jeff noted they would like to leave it open ended to the possibility of harvest festivals or wedding receptions. Nancy also questioned if the sound limit could be extended since 6pm would be restrictive. Pashby asked for public comment, hearing none he closed the floor.

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Discussion & Action: Scott motioned to approve with the recommended conditions and an amendment to condition #4 to state between the hours of 11:00pm an 8:00am. The motion was seconded by Namminga. Jongeling noted this would be a great opportunity for the local economy. The motion passed unanimously (5-0).

6. OLD BUSINESS - None

7. OPEN DISCUSSION FOR COMMISSION MEMBERS FOR ISSUES NOT ON THE AGENDA a. Correspondence received. – None b. Comments from Planning Commission members. – None.

8. REPORT OF LINCOLN COUNTY BOARD OF COMMISSIONERS’ REPRESENTATION – none

9. NEW BUSINESS a. Setting public hearing dates. There will be a Joint Jurisdiction and regular meeting in August. b. Zoning Ordinance Amendments. Discussion was held about moving Class C CAFOs back to a

Conditional Use, instead of a permitted special use. Public hearing will be held in August. c. Other new business - None.

10. ADJOURNMENT Namminga motioned to adjourn at 8:00pm and was seconded by Hogan. Motion passed unanimously (5-0).

Respectfully submitted, Joan Doss - Planner

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APPLICATION # USE-0056-2020

EXECUTIVE SUMMARY

CONDITIONAL USE PERMIT AGRICULTURALLY RELATED OPERATION (SEED SALES)

OWNER/APPLICANT INFORMATION

APPLICANT: David J. Kuper/Kuper Seed & Supply

OWNER: Donald & Sarah Abbas

PROPERTY ADDRESS: Approximately 1/3 mile east of the intersection of 469th Avenue and SD Highway 44 – Lennox.

REQUEST

The applicant is proposing to construct an approximately 19,200 sq. ft. building (80’ x 200’ and 80’ x 40’) and an approximately 1,080 sq. ft. office (36’ x 30’) to be utilized for Kuper Seed and Supply.

OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL

The proposed use of “agriculturally related operations involving the handling, storage, transporting and shipping of farm products” is allowed as a Conditional Use in the A-1 (Agricultural) zoning district per Section 3.04 of the 2009 Revised Zoning Ordinance for Lincoln County.

The proposal meets the standards in Article 19 of the zoning regulations for Conditional Uses. The proposal meets the standards for agricultural related operations in Article 3.00, A-1 Agricultural District.

STAFF RECOMMENDATION

Staff recommends approval subject to the conditions listed in the staff report.

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LINCOLN COUNTY PLANNING & ZONING Lincolncountysd.org 104 N. MAIN STREET CANTON, SD 57013 PHONE: 605-764-2938 EMAIL: [email protected]

STAFF REPORT CONDITIONAL USE PERMIT

USE-0056-2020 Lincoln County Planning Commission

Meeting: August 17, 2020 PROPERTY INFORMATION: Approximately 1/3 mile east of the intersection of 469th Avenue and SD Highway 44

FUTURE LAND USE DESIGNATION: Agricultural

CURRENT ZONING: A-1 (Agricultural)

CURRENT USE: Agriculture

SURROUNDING LAND USES AND ZONING • North – Agriculture; A-1 (Agricultural) • South – SD Highway 44, Single-Family

Dwelling(s), Agriculture; A-1 (Agricultural) • East – Agriculture; A-1 (Agricultural) • West – Agriculture; A-1 (Agricultural)

CONDITIONAL USE PERMIT AREA: 5-10 acres

FINDINGS OF FACT: 1. Donald and Sarah Abbas are the current owners of the property, located approximately 1 mile west of the

intersection of 280th Street (SD Highway 44) and Interstate 29, containing approximately 157.49 acres.

2. The property is currently zoned A-1 (Agricultural).

3. The 2009 Revised Zoning Ordinance for Lincoln County lists “agriculturally related operations involving the handling, storage, transporting and shipping of farm products” as an allowable Conditional Use in the A-1 zoning district.

4. On July 15, 2020, an application for a conditional use permit was submitted to the Lincoln County Planning and Zoning Department. The applicant is proposing to construct an 80’ x 200’ and 80’ x 40’ building and a 36’ x 30’ office for seed sales.

CONCLUSIONS: Section 19.09 of the 2009 Revised Zoning Ordinance for Lincoln County states that in acting upon requests for conditional uses, the following considerations shall be employed:

A. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should

be generally compatible with adjacent properties and other properties in the district. Analysis: The surrounding properties are all zoned A-1 (Agricultural). The nearest single-family dwelling will be

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approximately 400 feet to the south of the proposed project. Conclusion: It is staff’s opinion that the proposed use is compatible with adjacent properties and any potential negative impacts on the area can be mitigated to the extent practicable through the conditions for approval.

B. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or

neighborhood. Analysis: The area was previously planned and zoned for agricultural use and the proposed use is in conformance with the intent for “agriculturally related operations” to occur in the area. Conclusion: It appears that the proposed use is compatible with the general area.

C. The effects of noise, odor, traffic, air and water pollution, and other negative factors shall be eliminated or

controlled through the use of screening, setbacks, and orientation. Analysis: The nature of the proposed use, being seed sales, lends itself to less vibration, noise, odor, dust, smoke, or gas than traditional agricultural properties. The applicant stated in the application materials that “the hours of operation will vary with season consisting of: 8 am to 5 pm Monday thru Friday for 9 months during the off-season and 6 am to 7 pm Monday thru Friday with occasional weekends for 3 months during the in-season”. The proposed use will employ three full time employees and potentially one to three part time employees. Conclusion: It would appear that adequate measures can be employed to minimize potential adverse impacts on adjoining property.

PLANNING COMMISSION MOTION: The following motions may be considered:

1. Approve the proposal subject to conditions. 2. Deny the proposal. 3. Table and refer the proposal back to the applicant for additional review/information.

STAFF RECOMMENDATION: Staff recommends Motion 1 because it is staff’s opinion that all standards for approval have been met with the following conditions: 1. The building/office and operation shall be developed substantially in accordance with the submitted site plan (dated:

July 27, 2020) and narrative (dated: July 14, 2020). These plans shall be requirements of this permit. Any proposed expansion of the submitted site plan shall be cause for issuance of a new conditional use permit.

2. Any permanent outside storage shall be screened from all neighboring residences.

3. Lighting shall be down shielded to prevent glare on adjacent properties.

4. All applicable building permits shall be obtained. A building permit is required before work to construct, enlarge, alter, repair, move, or demolish a building or structure, or to change the occupancy (use) of a building or structure.

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EXECUTIVE SUMMARY

CONDITIONAL USE PERMIT Accessory Building Exceeding 1,500 sq. ft.


OWNER/APPLICANT: Mark Nelson/Jeff Coit

PROPERTY ADDRESS: 27121 Mockingbird Place - Harrisburg

REQUEST

The applicant is proposing to construct a 50’ x 50’ accessory building on the 1.00-acre subject property with a driveway access from Cardinal Place.


The proposed use of an accessory building exceeding 1,500 is allowed as a conditional use in Rural Residential zoning district per Section 12.06(D) of the 2009 Revised Zoning Ordinance for Lincoln County.

The proposal meets the standards in Article 19 of the zoning regulations for Conditional Uses. The proposal meets the standards for accessory buildings in Article 4, “RR” Rural Residential District.



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STAFF REPORT CONDITIONAL USE PERMIT – AMENDMENT


Meeting: August 17, 2020 PROPERTY INFORMATION: 27121 Mockingbird Pl - Harrisburg

FUTURE LAND USE DESIGNATION: Urban Expansion Area

CURRENT ZONING: RR (Rural Residential)

CURRENT USE: Single-family dwelling

SURROUNDING LAND USES AND ZONING • North – Single family dwelling (Rural

Residential) • South – Single family dwelling (Rural

Residential) • East – Single family dwelling (Rural

Residential) • West – Single family dwelling (A-1

Agricultural)

CONDITIONAL USE PERMIT AREA: 1.00 acre

FINDINGS OF FACT: 1. Mark Nelson has entered into a purchase agreement for the property, currently owned by Jeff Coit, located at 27121

Mockingbird Place.

2. The property is zoned RR-Rural Residential and is 1.00 acre in size.

3. The 2009 Revised Zoning Ordinance for Lincoln County lists “accessory uses” as a permitted use in the RR zoning district. A Conditional Use is required when the total accessory building area exceeds 1,500 sq. ft. on the property.

4. On July 23, 2020, an application for a conditional use permit was submitted to the Lincoln County Planning and Zoning Department. The applicant is proposing to construct a 50’ x 50’ (2,500 sq. ft.) accessory building on the site for personal use.


A. The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be

generally compatible with adjacent properties and other properties in the district. Analysis: The surrounding properties are zoned Rural Residential or A-1 Agricultural, and the existing uses in the subdivision are similar to the proposed use. In 2018 a conditional use permit was approved for a 60’ x 85’ accessory building in the same subdivision. Conclusion: It is staff’s opinion that the proposed use is compatible with adjacent properties and any potential

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negative impacts on the area can be mitigated to the extent practicable through the conditions for approval.

B. Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood. Analysis: The general character of the area and neighborhood is residential. The proposed use of a 2,500 sq. ft. accessory building is less intensive than other uses that would be allowed by conditional use permit in the RR zoning district. Conclusion: It appears that the proposed use is compatible with the general area.


controlled through the use of screening, setbacks, and orientation. Analysis: The nature of the proposed use, being an accessory building, lends itself to few potential negative factors in the residential area. Conclusion: It would appear that adequate measures can be employed to minimize potential adverse impacts on adjoining property.



STAFF RECOMMENDATION: Staff recommends Motion 1 because it is staff’s opinion that all standards for approval have been met with the following conditions:

1. The Conditional Use Permit (USE-0060-2020) is approved solely for the construction of 2,500 sq. ft. accessory building

on the property. Any expansion of the building shall be permitted only upon approval of a new Conditional Use Permit.

2. A building permit is required before work to construct, enlarge, alter, repair, move, or demolish a building or structure, or to change the occupancy (use) of a building or structure.

3. Prior to building permit approval, a surveyed site plan shall be submitted to the Planning and Zoning office.

4. The structure shall not be used in conjunction with a business or commercial activity, without first obtaining an additional Conditional Use Permit.

5. A certificate of occupancy issued by the building official is required before the structure, or portion thereof, is used or occupied.

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EXECUTIVE SUMMARY

CONDITIONAL USE PERMIT Class 1 Major Home Occupation


OWNER/APPLICANT: Mark Nelson/Jeff Coit

PROPERTY ADDRESS: 27121 Mockingbird Place - Harrisburg

REQUEST

The applicant is proposing to use up to 2,000 square feet of accessory space on the property for a major home occupation (furniture repair business).


The proposed use of a major home occupation is allowed as a conditional use in Rural Residential zoning district per Section 4.04 of the 2009 Revised Zoning Ordinance for Lincoln County.

The proposal meets the standards of the 2009 Revised Zoning Ordinance in Article 19 for Conditional Uses, Section 12.0302 for Class 1 major home occupations, and Article 4 “RR” Rural Residential District.



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Meeting: August 17, 2020 PROPERTY INFORMATION: 27121 Mockingbird Pl - Harrisburg

FUTURE LAND USE DESIGNATION: Urban Expansion Area






Residential) • West – Single family dwelling (A-1

Agricultural)

CONDITIONAL USE PERMIT AREA: 1.00 acres

FINDINGS OF FACT: 1. Mark Nelson has entered into a purchase agreement for the property, currently owned by Jeff Coit, located at 27121

Mockingbird Place.

2. Mark Nelson is the owner of Nelson’s Furniture Repair. A small portion of his business would be conducted on site, within the accessory building. The majority of the business is conducted off-site.

3. The property is zoned RR-Rural Residential and is 1-acre in size.

4. The 2009 Revised Zoning Ordinance for Lincoln County lists “major home occupations” in conformance with ordinance Section 12.0302 as a conditionally permitted use in the RR zoning district.

5. On July 23, 2020, an application for a conditional use permit was submitted to the Lincoln County Planning and Zoning Department. The applicant is proposing to use up to 2,000 sq. ft. of an accessory building for their furniture repair business.



generally compatible with adjacent properties and other properties in the district. Analysis: The surrounding properties are zoned Rural Residential or A-1 Agricultural, and the existing uses in the subdivision are generally single-family dwellings and accessory buildings. As described, much of the work done as

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part of the major home occupation it completed off-site, with an occasional delivery to this home address. The remainder of the accessory building will be used for personal storage and hobby space. Conclusion: It is staff’s opinion that the proposed use is compatible with adjacent properties and any potential negative impacts on the area can be mitigated to the extent practicable through the conditions for approval.


neighborhood. Analysis: The general character of the area and neighborhood is residential. The proposed use of an accessory building for a major home occupation is less intensive than other uses allowed by conditional use permit in the RR zoning district. Conclusion: It appears that the proposed use is compatible with the general area.


controlled through the use of screening, setbacks, and orientation. Analysis: The nature of the proposed major home occupation as described, lends itself to few occurrences of noise, odor, dust, or other negative factors impacting the surrounding residential area. Conclusion: It would appear that adequate measures can be employed to minimize potential adverse impacts on adjoining property.




1. The Conditional Use Permit (USE-0061-2020) is approved for the use of a Class 1 Major Home Occupation.

2. No unscreened outdoor storage pertaining to the home occupation shall be allowed on the property.

3. The occupation shall conform to the regulations outlined within Section 12.03.02(A) of the 2009 Revised Zoning Ordinance.

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EXECUTIVE SUMMARY

CONDITIONAL USE PERMIT Accessory Building Exceeding 1,500 sq. ft.


OWNER/APPLICANT: Eric Bender

PROPERTY ADDRESS: 27201 Regal Court – Sioux Falls

REQUEST

The applicant is proposing to construct an 18’x40’ addition to an existing 48’x32’ accessory building on the 1.00-acre subject property. The accessory building is accessed from 272nd Street. The building will be used for personal storage.


The proposed use of an accessory building exceeding 1,500 square feet is allowed as a conditional use in Rural Residential zoning district per Section 12.06(D) of the 2009 Revised Zoning Ordinance for Lincoln County.

The proposal meets the standards in Article 19 of the zoning regulations for Conditional Uses. The proposal meets the standards for accessory buildings in Article 4, “RR” Rural Residential District.



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Meeting: August 17, 2020 PROPERTY INFORMATION: 27201 Regal Court – Sioux Falls

FUTURE LAND USE DESIGNATION: Agricultural Area






Residential) • West – Pole building/storage (A-1

Agricultural)

CONDITIONAL USE PERMIT AREA: 1.49 acres

FINDINGS OF FACT: 1. Eric Bender is the owner of the property located at 27201 Regal Court, Sioux Falls, containing 1.49 acres.

2. The property is zoned RR-Rural Residential.

3. The 2009 Revised Zoning Ordinance for Lincoln County lists “accessory uses” as a permitted use in the RR zoning district. A Conditional Use is required when the total accessory building area exceeds 1,500 sq. ft. on the property.

4. On July 23, 2020, an application for a conditional use permit was submitted to the Lincoln County Planning and Zoning Department. The applicant is proposing to construct an 18’x40’ addition to his existing accessory building. The total building square footage would be 2,256 sq. ft. accessory building on the site for personal use.



generally compatible with adjacent properties and other properties in the district. Analysis: The surrounding properties are zoned Rural Residential or A-1 Agricultural, and the existing uses in the subdivision are similar to the proposed use. This is the first conditional use permit to exceed 1,500 square feet of accessory building space within the Arthur Estates subdivision. Conclusion: It is staff’s opinion that the proposed use is compatible with adjacent properties and any potential negative impacts on the area can be mitigated to the extent practicable through the conditions for approval.

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neighborhood. Analysis: The general character of the area and neighborhood is residential. The proposed use of a 2,256 sq. ft. accessory building is less intensive than other uses allowed by conditional use permit in the RR zoning district. Conclusion: It appears that the proposed use is compatible with the general area.


controlled through the use of screening, setbacks, and orientation. Analysis: The nature of the proposed use, being an accessory building, lends itself to few occurrences of noise, odor, dust, or other negative factors in the residential area. Additionally, the owner notes they plan to plant additional trees to the north and south of the building for additional screening. Conclusion: It would appear that adequate measures can be employed to minimize potential adverse impacts on adjoining property.




1. The Conditional Use Permit (USE-0062-2020) is approved solely for the construction of a 720 sq. ft. addition to the

existing accessory building on the property. Any further expansion of the building shall be permitted only upon approval of a new Conditional Use Permit.

2. A building permit is required before work to construct, enlarge, alter, repair, move, or demolish a building or structure, or to change the occupancy (use) of a building or structure.

3. The structure shall not be used in conjunction with a business or commercial activity, without first obtaining an additional Conditional Use Permit.

4. Landscaping shall be planted and maintained in accordance with the site plan dated June 6, 2020.

5. A certificate of occupancy issued by the building official is required before the structure, or portion thereof, is used or occupied.

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Planning and Zoning Department Lincoln County Courthouse 104 N. Main Street, Suite 220 Canton, South Dakota 57013 Phone: (605) 764-2938 www.lincolncountysd.org

Memo

Date: August 17, 2020 To: Planning Commission

From: Planning and Zoning Department

Re: Zoning Ordinance Amendments Regarding: Class C Concentrated Animal

Feeding Operations.

The Planning Commission is asked to review the draft ordinance, hold a Public Hearing, and make a recommendation to the County Board of Commissioners.

The following summarizes each section of the attached draft ordinance.

Section 1. Section 3.03(H). Deletes. Section 1. Section 3.04 (V). Adds Class C. Action Requested: Open/close the public hearing. Motion to recommend adoption of the Ordinance amending Article 3.00 of the 2009 Revised Zoning Ordinance for Lincoln County.

http://www.co.carver.mn.us/

ORDINANCE NO. ____________

AN ORDINANCE OF LINCOLN COUNTY, SD, AMENDING THE 2009 REVISED ZONING ORDINANCE FOR LINCOLN COUNTY BY AMENDING ARTICLE 3.00, A-1 AGRICULTURAL DISTRICT. BE IT ORDAINED BY LINCOLN COUNTY, SD: Section 1. That Section 3.03(H), of the 2009 Revised Zoning Ordinance for Lincoln County, SD, is hereby deleted in its entirety. Section 2. That Section 3.04(V), of the 2009 Revised Zoning Ordinance for Lincoln County, SD, is hereby amended to read as follows: V. Concentrated Animal Feeding Operation – New (Class A, B or C). Adopted this _________ day of ____________, 2020.

____________________________ Michael Poppens, Chairman Lincoln County Board of Commissioners

ATTEST:

___________________________ Auditor Seal First Reading: ____________________ Second Reading & Adoption: __________________ Publication: ______________________ Effective Date: ____________________ Published once at the approximate cost of _____________.

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