La Valley Township City Zoning Code

ADDITIONAL USE

REGULATIONS

§ 154.240 FENCES.

(A) Fences up to four feet in height may be located on any part of the lot, except that such a fence may not be more than 30% solid if located within 30 feet of a street intersection, measuring along the property line.

(B) Fences up to six feet in height may be erected on those parts of a lot that are as far back or farther back from the street than the main building.

(1) Fences up to six feet in height may be placed in the side-street-side front yard where:

(a) The side-street-side front yard abuts an arterial street shown on the major street plan;

(b) The side-street-side front yard is not adjacent to a side yard; or

(2) In the C, I-1, and I-2 zoning districts, fences not more than eight feet in height may be located on any part of a lot other than the required front yard except when such lot is adjacent to a residential district.

(Ord. 0904-05, passed 5-20-2009)

§ 154.241 WIND ENERGY CONVERSION SYSTEMS.

The regulations regarding wind energy conversion systems (hereafter referred to as WECS) shall be as follows:

(A) Intent. The intent of regulations for wind energy conversion systems is to encourage the development of alternative sources of energy while protecting the health, safety, and welfare of the public.

(B) Accessory WECS. The applicant shall provide to the Planning Director documentation that the tower structure for the system has received a professional structural engineer’s certification.

(1) Height.

(a) The lowest portion of the blade shall be at least 30 feet above the ground.

(b) WECS are exempt from the maximum height requirements of this chapter.

(2) Setbacks.

(a) The WECS shall be located in the rear yard only and shall be set back one and 1.25 times the total WECS height from the property lines.

(b) Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the Planning Commissions for their approval.

(3) Illumination and security.

(a) Illumination and markings shall be limited to the requirements of the Federal Aviation Administration(FAA). There shall be no lights on the tower other than what is required by the FAA. FAA approved red lights shall be used from dusk until dawn. This restriction shall not apply to infrared heating devices used to protect the monitoring equipment.

(b) Access to the WECS shall be restricted by one or more of the following means:

1. Tower-climbing apparatus located no closer than 12 feet to the ground;

2. A locking anti-climb device installed on the tower; or

3. Enclosure of the tower by a fence at least six feet high with locking portals.

(4) Noise. The noise level of the WECS shall not exceed 50 dB(A) as measured at any property line or the WECS shall not create noise beyond the lot containing the WECS which exceeds 60 dB(A) as measured at the nearest habitable dwelling.

(5) Signs. One sign, not to exceed four square feet, shall be posted at the base of the tower and display suitable warning of danger to unauthorized persons, the system’s manufacturer, and emergency shut-down procedures. No other signage shall be allowed.

(6) Electromagnetic interference. If a WECS is installed in any location along or within the major access of an existing microwave communications link, the person desiring to install the WECS shall be required to provide a letter from the business whose link they are within or adjacent to stating that the business whose link is affected would have no objection to the installation of the WECS.

(7) Air space. A WECS shall be located or installed in compliance with the guidelines of the Federal Aviation Administration Regulations with regard to Airport Approach Zones and clearance around VOR stations.

(8) Interconnect. The WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company.

(C) Commercial WECS. Commercial WECS shall be permitted only on lands zoned A-l Agricultural, C Commercial, I-1 Light Industrial, or I-2 General Industrial.

(1) Equipment design.

(a) Tower. The tower(s) shall be of singular tubular steel construction.

(b) Color. The color of the turbines and equipment buildings shall be unobtrusive and non-reflective with a galvanized or matte finish. Black blades are acceptable for mitigation of icing.

1. The lowest portion of the blade shall be at least 30 feet above the ground and 30 feet above the highest existing structure within a radius of 250 feet.

2. WECS are exempt from the maximum height requirements of this chapter.

(d) Distribution lines/power poles. All on-site electrical wires associated with the WECS shall be installed underground and maintained in conformance with the National Electric Safety Code or other applicable codes.

(2) Setbacks.

(a) 1. WECS shall be set back two times the total WECS height from any property line.

2. WECS shall be set back 1.25 times the total WECS height from the right-of-way line of any public road.

3. WECS shall be set back 2,640 feet from the closest exterior wall of any habitable structure.

(b) When a proposed WECS does not meet the setback set forth in these regulations, the application shall be accompanied by a signed waiver from each landowner located closer than the setback. No building permit shall be issued until the waiver(s) are filed with the county’s Register of Deeds. This waiver would run with the land.

(3) Illumination and security.

(a) Lighting shall be limited to the minimum requirements of the Federal Aviation Administration (FAA). There shall be no lights on the tower other than what is required by the FAA. The use of automatic obstruction lighting systems is mandatory for a Commercial WECS with FAA lighting. If more than one lighting alternative is reasonably available, the alternative that causes the least visual disturbance must be used.

(b) Each turbine shall be equipped with a braking system and blade pitch control.

(d) Signs warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower.

(e) Anti-climbing devices shall be installed on each tower.

(4) Noise. The noise level of the WECS shall not exceed 45 dB(A) as measured at any property line and the audible noise due to WECS operation shall not exceed five decibels greater than ambient noise levels as measured at any habitable structure.

(5) Signs.

(a) No advertising signs or logos shall be permitted on the WECS.

(b) One project identification sign, not to exceed 25 square feet, shall be allowed.

(6) Inoperable or unsafe WECS/site reclamation.

(a) Unsafe commercial WECS, inoperable commercial WECS, and commercial WECS for which the permit has expired shall be removed by the owner. All safety hazards created by the installment and operation of the WECS shall be eliminated and the site shall be restored to its natural condition to the extent feasible. A bond or other appropriate form of security may be required to cover the cost of removal and site restoration.

(b) A Commercial WECS shall be deemed inoperable if it has not generated power for 12 consecutive months.

(7) Roads.

(a) Public roads.

1. Prior to commencement of construction, the permittees shall identify all state, county, or township “haul roads” that will be used for the WECS project and shall notify the governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practical, existing roadways shall be used for all activities associated with the WECS. Where practical, all-weather roads shall be used to deliver concrete, turbines, towers, assemble nacelles, and all other heavy components to and from the turbine sites.

2. The permittees shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate governmental body having jurisdiction over approved haul roads for construction of the WECS for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and components. The permittees shall notify the county’s Planning Department of such arrangements.

(b) Turbine access roads. Construction of turbine access roads shall be minimized. Access roads shall be low profile roads so that farming equipment can cross them and shall be covered with Class 5 gravel or similar material. When access roads are constructed across streams and drainage ways, the access roads shall be designed in a manner so run-off from the upper portions of the watershed can readily flow to the lower portion of the watershed.

(c) Private roads. The permittee shall promptly repair private roads, easements, or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.

(d) Dust control. The permittees shall utilize all reasonable measures and practices of construction to control dust.

(8) Soil erosion and sediment control plan. The permittees shall develop a soil erosion and sediment control plan prior to construction and submit the plan to the county’s Planning Department. The soil erosion and sediment control plan shall address the erosion control measures for each project phase, and shall at a minimum identify plans for grading, construction, and drainage of roads and turbine pads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material, and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.

(9) Decommissioning/restoration/abandonment.

(a) Decommission plan. Within 120 days of completion of construction, the permittees shall submit to the county’s Planning Department a decommissioning plan describing the manner in which the permittees anticipate decommissioning the project in accordance with the requirements of division (C)(9)(b) below. The plan shall include a description of the manner in which the permittees will ensure that it has the financial capability to carry out these restoration requirements when they go into effect. The permittees shall ensure that it carries out its obligation to provide the resources necessary to fulfill these requirements. The county’s Planning Department may at any time request the permittees to file a report with the county’s Planning Department describing how the permittees are fulfilling this obligation.

(b) Site restoration. Upon expiration of this permit, or upon earlier termination of operation of the WECS, the permittees shall have the obligation to dismantle and remove from the site all towers, turbine generators, transformers, overhead and underground cables, foundations, buildings and ancillary equipment to a depth of four feet. To the extent possible, the permitttees shall restore and reclaim the site to its pre-project topography and topsoil quality. All access roads shall be removed unless written approval is given by the affected landowner requesting that one or more roads, or portions thereof, be retained. Any agreement for removal to a lesser depth or for no removal shall be recorded with the county’s Planning Department and shall show the locations of all such foundations. All such agreements between permittees and the affected landowner shall be submitted to the county’s Planning Department prior to completion of restoration activities. The site shall be restored in accordance with the requirements of this condition within 18 months after expiration.

(c) Abandoned turbines. The permittee shall advise the county’s Planning Department of any turbines that are abandoned prior to termination of operation of the WECS. The county’s Planning Department may require the permittees to decommission any abandoned turbine.

(d) Providing surety. The Planning Director shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include establishing an escrow account into which the project developer/owner will deposit funds on a regular basis over the life of the project. The unit of government shall then have access to the escrow account for the explicit purpose of decommission. Financial provisions shall not be so onerous as to make WECS projects unfeasible.

(10) Application contents. Every application for a commercial WECS permit shall include the following information:

(a) Name and address of the applicant;

(b) Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application;

1. Physical dimensions and locations of the property, existing structures, and proposed structures;

2. Location of electrical lines and facilities;

3. Existing topography;

4. Proposed grading and removal of natural vegetation;

5. Wind characteristics and dominant wind direction in the direction from which 50% or more of the energy contained in the wind flows;

6. Setbacks;

7. Ingress and egress identifying the following factors:

a. Location and distance to the nearest publicly maintained road; and

b. A description of the access route from the nearest publicly maintained road to include:

i. Road surface material stating the type and amount of surface cover;

ii. Width and length of access route;

iii. Dust control procedures;

iv. A road maintenance schedule or program;

v. Utilization of the property under the requested permit;

vi. Utility interconnection data and a copy of written notification to the utility of the proposed interconnection;

vii. Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each WECS model, tower, and electrical transmission equipment;

viii. A location map to scale of all dwellings within a mile of the boundary of the property upon which the WECS are to be located;

ix. If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed WECS and accessory structures;

x. An application including any WECS which is located within a 100-year floodplain area, as such flood hazard areas are shown on the maps designated by FEMA, shall be accompanied by a Floodplain Development Permit;

xi. An application including any WECS which is located within two miles of any microwave communications link shall be accompanied by a copy of written notification to the operator of the link;

xii. The types and quantities of wastes, fluids, or pollutants that are proposed to be handled, processed, treated, stored, disposed of, emitted, or discharged at each vessel containing fluid and for the entire project; and

xiii. Project schedule.

8. Such additional information as shall be required by the Planning Director.

(11) Flicker analysis. A flicker analysis shall include the duration and location of flicker potential for all receptors and road ways within a one-mile radius of each turbine within a project. The applicant shall provide a site map identifying the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall account for topography but not for obstacles such as accessory structures and trees. Flicker at any receptor shall not exceed 30 hours per year within the analysis area.

(D) Application review.

(1) Administrative review. An accessory WECS shall require an administrative review. The Planning Director will make a decision to approve or deny within 15 days of submittal or the application is deemed approved. If a third-party technical study is required, a decision to approve or deny an application may be postponed until the study is complete. Any decision to deny a request to place, construct, or modify facilities must be in writing and include specific reasons for the action. The Planning Director’s decision can be appealed by the applicant within five working days to the Planning Commission.

(2) Conditional use permit. A conditional use permit is required for a commercial WECS.

(3) Technical issues and expert review. Wind energy conversion systems may involve complex technical issues that require review and input that is beyond the expertise of county staff. The Planning Director may require the applicant to pay reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the county.

(4) Building permit. Administrative and conditional use permit approval of wind energy conversion systems is separate from the building permit process. Building permits for the construction of facilities can not be issued until the facility is approved through the administrative or conditional use permit process.

(Ord. 0904-05, passed 5-20-2009; Ord. 1611-35, passed 11-22-2016; Ord. 1611-38, passed 11-22-2016; Ord. 1705-02, passed 5-2-2017; Ord. 1704-10, passed 4-4-2017; Ord. 1710-47, passed 10-24-2017)

§ 154.242 HOME OCCUPATIONS.

It is deemed appropriate to allow limited non-residential activities to operate in conjunction with a residence in those zoning districts where residential dwellings are permitted, provided the regulations protect the character and integrity of the unincorporated area. The objective of these regulations is to allow limited commercial type activities associated with a residence only to the extent that the activity is clearly subordinate to the residential or agricultural use of the property. Due to the diverse pattern of development in the rural area, the regulations provide for both minor and major home occupations.

(Ord. 0904-05, passed 5-20-2009)

§ 154.243 MINOR HOME OCCUPATIONS.

In all zoning districts permitting residential dwellings, minor home occupations in compliance with each of the following standards are permitted as accessory uses. Due to their incidental and residential nature, minor home occupations are relatively common accessory uses which are not easily detectable and are not reasonable or desirable to regulate through a conditional use permit.

(A) The occupation shall be conducted entirely within a dwelling and clearly incidental to the use of the structure for residential purposes.

(B) There shall be no change in the outside appearance of the dwelling or any visible evidence of the conduct of the occupation.

(D) The storage of equipment, vehicles, or supplies associated with the occupation shall not occur outside the dwelling. Accessory buildings or structures shall not be used for storage.

(E) There shall be no display of products visible in any manner when viewed from outside the dwelling.

(F) No advertising or display signs shall be permitted other than a nameplate attached to the dwelling. The nameplate shall not be illuminated and shall not be more than two square feet in area. No off-premises signs shall be used.

(G) The occupation shall not require internal alterations or involve construction features not customary in a dwelling. External alterations intended to create a separate entrance or other feature exclusively for the occupation is prohibited.

(H) There shall be only limited and incidental sale of products conducted on the premises.

(I) The occupation shall not generate more than four visits per day from clients or customers, averaged over a period of seven consecutive days.

(J) The occupation shall not result in additional off-street parking spaces for clients or customers.

(K) Toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials are prohibited.

(L) No equipment or process shall be used in the occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property.

(M) No equipment or process shall be used in the occupation which creates visual or audible electrical interference in any radio or television receiver or causes fluctuations in line voltage off the property.

(N) The number of deliveries generated by the occupation shall not significantly affect the character of the area. Delivery vehicles shall be limited to auto, pick up, or typical delivery service truck.

(Ord. 0904-05, passed 5-20-2009) Penalty, see § 154.999

§ 154.244 MAJOR HOME OCCUPATIONS.

(A) It is recognized that home occupations which exceed the requirements of § 154.243 may be appropriate in a low density residential setting or if associated with an agricultural use.

(B) For the purpose of this chapter, such uses are classified as either a Class 1 or Class 2 major home occupation, and shall be evaluated giving consideration to the following criteria.

(1) Class 1.

(a) The occupation shall be conducted entirely within a dwelling and/or accessory building and clearly incidental to the use of the structure for residential purposes.

(b) The occupation shall be operated by a member of the family residing in the dwelling.

(c) Employees of the occupation shall be limited to residents of the dwelling and up to two non-resident employees, not to exceed four employees on site.

(d) In addition to the dwelling, up to 2,000 square feet of accessory building space may be used for the occupation.

(e) The occupation shall not create noise which, when measured off the property, exceeds 60 decibels between the hours of 8:00 a.m. and 6:00 p.m. The occupation shall not create noise which is detectable to the normal sensory perception off the property between the hours of 6:00 p.m. and 8:00 a.m. These off the property noise standards shall not apply to public and railroad rights-of-way.

(f) The occupation shall not create vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the property.

(g) No outside storage, display of goods or merchandise, or external evidence of the occupation shall occur except as outlined in this section.

(h) A non-illuminated nameplate not exceeding two square feet in area may be placed on the dwelling or accessory building. Additionally, one non-illuminated sign not exceeding four square feet in area may be located along the driveway for the occupation. No off-premises signs shall be used.

(i) The occupation shall not generate more than ten visits per day from clients or customers averaged over a period of seven consecutive days.

(j) There shall be only limited and incidental sale of products conducted on the premises.

(k) The number of deliveries generated by the occupation shall not significantly affect the character of the area. Delivery vehicles shall be limited to auto, pick up, or typical delivery service truck.

(2) Class 2.

(a) The occupation shall be conducted in a dwelling or agricultural building accessory to the dwelling which comprise the headquarters for the agricultural use, and such agricultural use is conducted on one or more parcels of land with a total area of at least one-half of a quarter section or equivalent area which must be contiguous to or in close proximity to the headquarters.

(b) The occupation shall be clearly secondary to the principal use of the land for agricultural purposes.

(d) The occupation shall have no more than five employees, including residents of the property.

(e) The occupation shall be conducted within a completely enclosed building typical of farm buildings. Such building shall be located behind the dwelling or shall be located at least 200 feet from the nearest road right-of-way.

(f) All materials, supplies, and products associated with the occupation shall be stored within a building or if open storage of materials or equipment is required it shall be concealed with appropriate screening or landscaping.

(g) A non-illuminated nameplate not exceeding two square feet in area may be placed on the dwelling or agricultural building. Additionally, one non-illuminated sign not exceeding four square feet in area may be located along the driveway for the occupation. No off-premises signs shall be used.

(h) The use shall cease operating when the property is no longer in conformance with division (B)(1) above.

(Ord. 0904-05, passed 5-20-2009)

§ 154.245 MAJOR HOME OCCUPATION; PERMIT PROCEDURE.

A conditional use application is required for a major home occupation in accordance with the requirements of §§ 154.375 through 154.386. The application shall be evaluated and conditions established using the criteria in § 154.323(A) or (B).

(Ord. 0904-05, passed 5-20-2009)

§ 154.246 MINERAL EXPLORATION AND DEVELOPMENT.

The regulations regarding mineral exploration and development shall be as follows:

(A) Exploration for minerals may be approved by conditional use only as long as the following minimum requirements are met.

(1) The applicant shall provide:

(a) A description of the mineral or minerals which are the subject of the exploration;

(b) Maps showing the general area within which the exploration operation will be conducted;

(c) A detailed description of the regional environmental conditions, to include surface land use and vegetation, as well as a detailed description of the area’s geologic formations and hydrology from the best available scientific sources;

(d) Maps indicating the location of the drill sites to the nearest section of land, a technical description of the exploration process, the types of equipment to be used, and the estimated time table for each phase of work and for final completion of the program;

(e) A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the proposed exploration;

(f) 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;

(g) A plan for reclamation of the land to its original condition after exploration is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources and the proposed future use of the lands explored and adjacent lands. The reclamation plans include:

1. Reclamation schedule;

2. Methods of plugging drill holes;

3. Methods of severing and returning topsoil and subsoil;

4. Methods of grading, backfilling, and contouring of exploration sites and access roads;

5. Methods of waste management and disposal, including liquid and solid wastes; and

6. Methods of revegetation.

(h) A surety performance bond in an amount to be determined by the Board of County Commissioners to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of the affected ground and surface waters.

1. The amount shall be set by the Board of County Commissioners based on an estimate, provided by the applicant, of the cost of reclamation and decontamination.

2. The bond shall be released five years after exploration has ceased unless the Board of County Commissioners find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the surety bond may be reduced by the Board of County Commissioners, if a bond is held by the state for the same purpose, by the same amount of the latter bond.

(2) The applicant shall identify specific phases when monitoring and inspection of the exploration activities shall be conducted by county, state, federal, or independent personnel to assure compliance with all applicable rules and regulations. If a conditional use permit is granted, the permit shall identify such inspection agency and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the Board of County Commissioners.

(3) A conditional use shall be issued only after all of the conditions specified herein have been met. Evidence of violation of the regulations, including, but not limited to, air and water contamination, shall be cause for an immediate cessation of exploration activities.

(B) Mineral extraction and/or mining may be approved by conditional use only as long as the following minimum requirements are met.

(1) The applicant shall provide:

(a) A description of the mineral or minerals to be mined or milled;

(b) Maps showing the area within which the mining or milling operations will be conducted;

(c) A description of the surface land use and vegetation, as well as a description of the nature and depth of the top soil and subsoil;

(d) An environmental assessment which establishes base line conditions for radioactive intoxicant materials and air, ground and surface waters, soils, vegetation, and animals;

(e) A description of the overburden, mineral seams, and other geologic formations, their conductivities, and hydraulic gradients, known to exist above the deepest projected depth of the mining operation;

(f) A description of the hydrology to the deepest projected depth of the mining operation, including mapping of the depth, water table level, extent, and flow characteristics of ground water and aquifers for the hydrologic regime of the ground water and drainage basins affected by the mining or milling operation;

(g) A technical description of the mining or milling; types of equipment to be used; detailed site plan of all anticipated construction; an estimated timetable for each phase of work and for final completion of the program; a statement of source, quality, and quantity of water to be used in the mining or milling operations, as well as the chemical and radioactive characteristics of all mined or milled products, waste products, and emissions to the environment;

(h) A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the mining or milling operations;

(i) A description of the proposed plan to address the identified environmental impacts to include:

1. Methods of separating the topsoil, subsoil, and soil piles, protecting them from erosion before reclamation begins, and keeping the topsoil free from acid or toxic materials;

2. Plan for ensuring that acid forming or toxic materials constituting a hazard uncovered or created during mining or milling are promptly treated in a manner to prevent water and air contamination;

3. Measures to maintain the quantity and quality of ground and surface water, hydrologic balance, productivity of farmland, and soil and water recharge capacity; and

4. Procedures to prevent water and air contamination through radioactive or toxic seepage of run-off from tailings, ponds, mine wastes, mine dewatering discharge, or other mining and milling related operations.

(j) A plan for the reclamation of the land after mining is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources, and the proposed future use of the lands mined and adjacent lands, and shall include:

1. A reclamation schedule;

2. Methods of grading, backfilling, and contouring of disturbed areas and access roads;

3. Methods of waste management and disposal, including liquid and solid wastes; and

4. Methods of revegetation.

(k) A surety performance bond in an amount to be determined by the Board of County Commissioners to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of affected ground and surface waters. The amount shall be set by the Board of County Commissioners based on an estimate, provided by the applicant, of the cost of reclamation and decontamination. The bond shall be released five years after mining and milling has ceased unless the Board of County Commissioners find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the bond may be reduced by the Board of County Commissioners if a bond is held by the state for the same purpose, by the same amount of the latter bond.

(2) (a) The applicant shall identify specific phases when monitoring and inspection of the mining and milling process shall be conducted by county, state, federal, or independent personnel to assure compliance with all applicable rules and regulations.

(b) If the conditional use is granted, the permit shall identify the inspection agency and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required.

(c) The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the Board of County Commissioners.

(3) A conditional use shall be issued only after all conditions specified therein have been met. Evidence of violation of the regulations, including, but not limited to, air and water contamination, shall be cause for an immediate cessation of the mining and milling.

(C) Solution mining and/or in situ mining of an ore body with the circulation of chemicals through injection and recovery wells for minerals is prohibited.

(Ord. 0904-05, passed 5-20-2009) Penalty, see § 154.999

§ 154.247 MOBILE HOMES/MANUFACTURED HOMES.

Regulations regarding mobile homes and manufactured homes shall be as follows.

(A) A park intended for the placement of mobile homes and manufactured homes on rented lots and where the roads are not publicly dedicated shall meet the following minimum standards:

(1) A plan shall be prepared showing the layout of the park, including lot lines, the road system, and spacing diagram for all structures. Upon approval of the conditional use for the park, the plan shall be filed in the Office of Planning and Zoning and govern all future development;

(2) Each lot shall have a minimum size required for the zoning district in which the park is located. However, a smaller lot size may be approved as part of the conditional use;

(3) No dwelling or any structure, addition, or appurtenance thereto shall be located less than the minimum setback required by the district in which the park is located. The setback requirements may be changed as part of the approval of the conditional use;

(4) Each lot shall abut or face a clear unoccupied space, roadway, or street having a width of at least 34 feet where parking is permitted on both sides, 27 feet in width where parking is restricted to one side only and 24 feet wide where parking is prohibited, or be connected to such street or roadway by a private driveway not less then 12 feet in width, serving no more than four lots. A hard surfaced material shall be used on all roadways; and

(5) The park shall be a minimum of ten acres in size.

(B) A subdivision for mobile homes and manufactured homes shall be required to meet the subdivision regulations and the density, area, and yard requirements for the district in which it is located. The subdivision shall be a minimum of ten acres in size.

(C) A manufactured home may be considered for a conditional use as specified in the district regulations only if the following requirements are met.

(1) The structure shall have been constructed on or after July 15, 1976.

(2) The exterior dimensions of the structure, measured by excluding overhangs, shall not be less than 22 feet.

(3) The structure shall be supported by a foundation system consisting of walls along the perimeter and piers on the interior. All foundation walls and piers shall extend a minimum of 42 inches below final grade.

(4) The roofing and siding material shall be consistent with the material used in site-built dwellings.

(5) The roof pitch shall not be less than a three in 12 slope.

(D) Mobile homes which are nonconforming uses may be replaced with another such structure by making application for a conditional use. The compatibility of the replacement dwelling with neighboring dwellings shall be considered in reviewing the conditional use request.

(E) A mobile home or manufactured dwelling may be located temporarily on land owned by the occupant during the construction of a dwelling. Placement shall not occur until construction has actually commenced. The unit shall be removed after one year or upon completion of the dwelling, whichever occurs first.

(F) All mobile homes and manufactured homes as defined in § 154.021 must be located in conformance with these requirements.

(Ord. 0904-05, passed 5-20-2009)

§ 154.248 ACCESSORY BUILDING AND USES.

The regulations regarding accessory buildings and uses shall be as follows.

(A) Limited use. Accessory buildings and uses are buildings and uses customarily incident to any of the permitted uses in the district in which it is located. In the A-l, RR, and R-l districts, accessory buildings and uses are limited to:

(1) A non-commercial greenhouse that does not exceed in floor area 25% of the ground floor area on the main building;

(2) A private residential garage used only for the storage of non-commercial vehicles and other related material;

(3) Tennis court, swimming pool, garden house, pergola, ornamental gate, barbeque oven, fireplace, and similar uses customarily accessory to residential uses;

(4) Home occupation in conformance with § 154.242; and

(5) Temporary storage and distribution of seed and similar type products, provided the use is located within a farmstead, the product is stored within a completely enclosed building typical of farm buildings and the use is limited to the seasonal sale of products from the premises.

(B) Time of construction. No accessory buildings shall be constructed upon a lot until the construction of a main building has been actually commenced, and no accessory buildings shall be used unless the main building on the lot is also being used. Accessory buildings may not be used for dwelling purposes.

(1) Accessory buildings which are attached to or located within ten feet of the main building shall be considered a part of the main building and shall comply with the same yard requirements as the main building.

(2) Accessory buildings not a part of the main building, when located in the required rear yard, shall be no closer than three feet to the side and rear property lines.

(D) Accessory buildings. Accessory buildings shall not occupy more than 30% of the rear yard, subject further to the following limitations:

(1) In the A-l and RC Districts, the total area of accessory buildings shall not exceed 1,500 square feet when such buildings are located in a subdivision of more than four lots unless a conditional use has been approved.

(2) In all Residential Districts, the total area of accessory buildings shall not exceed 1,500 square feet unless a conditional use has been approved.

(3) In a Planned Development District, the total area of accessory buildings shall not exceed 1,200 square feet unless a minor amendment has been approved.

(Ord. 0904-05, passed 5-20-2009) Penalty, see § 154.999

§ 154.249 ROCK, SAND, AND GRAVEL EXTRACTION.

(A) Intent.

(1) This section addresses the application, review, and regulation of extraction and on-site processing of rock, sand, and gravel. An applicant must meet certain requirements as specified in division (C) below when filing for a conditional use in addition to the general requirements contained in other sections of the zoning regulations.

(2) The developmental and operational criteria contained in division (F) below are intended to assist in the formulation of conditions to be imposed on individual extraction operations. The criteria have been designed to eliminate potential health risks and minimize the adverse impact on other land uses due to extraction operations.

(3) The county will have the discretion of requiring more or less stringent conditions based upon the location of a proposed operation. It is also recognized that such operations will not be appropriate throughout all areas of the county.

(B) Submission of application. The application for rock, sand, or gravel extraction shall be filed with the Planning Office on the prescribed conditional use form at least 30 days in advance of a regularly scheduled Planning Commission meeting.

(1) Maps showing the area within which the extraction operations will be conducted, including areas to be disturbed, setbacks from property lines, and the location of all structures, equipment, and access and haul roads;

(2) A description of the surface land use and vegetation, including all pertinent physical characteristics;

(3) A hydrologic study which shall include all available information from the state’s Geological Survey and other information pertinent to the application. If the applicant believes a study is not warranted, documentation shall accompany the application in support of this position;

(4) A reclamation plan which takes into consideration the criteria listed in division (F) below; and

(5) The applicant shall meet with the township supervisors of the affected township to discuss repair and maintenance responsibilities on township roads to be used as haul routes. A summary of the meeting(s) shall be presented with the application.

(D) Fee. If a conditional use is granted, the operator shall pay to the county an annual fee of $10 per acre of land which is being disturbed by the extraction activities and has not been reclaimed. The fee shall be used to defray the direct and indirect costs associated with general administration and enforcement of this section. The fee shall be payable by January 20 of each year and deposited in the general fund of the county. The disturbed land area existing on January 1 of each year shall be used in calculating the fee.

(E) Notification requirements. In addition to the notification requirements of §§ 154.375 through 154.386, the Planning Director shall notify, by U.S. mail, all property owners of record within one mile of the proposed conditional use area or the owners of the 30 properties nearest to the affected property, whichever affects the least number of owners, of the time, date, place, and purpose of the public hearing. The notice shall be mailed not less than 15 days prior to the public hearing.

(F) Developmental and operational criteria. The following criteria shall be considered in developing conditions for applications involving rock, sand, and gravel extractions. More stringent requirements may be imposed by the county or the applicant may present arguments to relax the requirements based on specific characteristics of the site.

(1) Buffer area. A minimum distance of 1,000 feet should be maintained between an existing residence and a rock, sand, or gravel operation, except in those instances when the operator secures a waiver from the affected landowner.

(2) Visual considerations.

(a) Earth berms and vegetation should be employed to minimize visual impacts and reduce the effects of noise.

(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 such a way as to restrict the public’s view of the property. Consideration should be given to placing the berms as close to the public point of view as practical. 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) The operator should work with the county’s Conservation District and Planning Director to develop a planting program. The planting program should be reduced to writing and kept on file in the Planning Office.

(d) At a minimum, berms should be constructed prior to blasting or the extraction of rock, sand, or gravel.

(3) Air quality.

(a) Air quality monitoring should be conducted at the operator’s expense when conditions warrant.

(b) Ambient air quality: total suspended particulate matter, 150 micrograms per cubic meter of air as a 24-hour average not to be exceeded more than once per year, and 60 micrograms per cubic meter of air as an arithmetic mean; PM10 (ten micrometers or less in size) consistent with the regulations of the state.

(c) Employ techniques that minimize the release of particulate matter created by material stockpiles, vehicular movement, and process operations.

(d) Dust control agents should be applied to township gravel roads designated as haul routes and all driving surfaces within the extraction area.

(4) Hydrology, dewatering, and drainage.

(a) Existing wells should be monitored at the operator’s expense to document changes in hydrologic conditions around extraction sites.

(b) Dewatering of the extraction site should not result in downstream flooding.

(c) Berms should not interrupt the natural drainage of the area, unless such diversion is part of an approved drainage control system.

(5) Haul roads.

(a) In order to minimize the negative impact of truck traffic on area residents, extraction operations should be located on or near existing hard surfaced roads. Consideration should be given to the number of residents located along gravel surfaced roads intended for use as haul roads.

(b) Identify repair and maintenance responsibilities through a haul road agreement.

(6) Operator surety.

(a) A surety bond should be filed with the County Auditor to protect the county in the event the operator abandons a site without completing the conditions imposed by the conditional use, including fulfillment of the agreement with the township concerning repair of designated haul roads.

(b) In lieu of the required surety, the operator may deposit cash with the county in the amount equal to the required surety.

(7) Reclamation.

(a) The type and extent of reclamation should be based on the type of material extracted on the intended post-mining land use, but in all cases the reclamation procedures should result in the rehabilitation of affected land through contouring and soil stabilization, revegetation, and other appropriate means so as to create the least amount of unsightliness and most appropriate future use of the reclaimed area. Bodies of water may be incorporated into an acceptable reclamation plan.

(b) Provide maps, including cross sections, showing the existing natural topography and anticipated topographic conditions upon completion of reclamation.

(c) Grading should achieve a contour that is most beneficial to the proposed future land use. All berms should be removed where sand and gravel operations were conducted. In most cases involving quarry operations, the berms should remain in place unless their removal would serve a more useful purpose.

(d) Topsoil should remain on site and be used during reclamation.

(e) A seeding and revegetation plan should be developed for the affected area in consultation with the county’s Conservation District.

(f) All required reclamation activities should be completed and a compliance inspection performed by the Planning Director prior to the release of the surety.

(8) Additional considerations.

(a) The maximum height of a bench in a quarry should be 30 feet.

(b) The property should be secured during non-working hours by means of gates and fencing. The property should continue to be secured until all required reclamation activities have been completed.

(Ord. 0904-05, passed 5-20-2009)

§ 154.250 CONCENTRATED ANIMAL FEEDING OPERATIONS.

(A) General requirements. This section applies to any concentrated animal feeding operation (CAFO) constructed or used after the effective date of this section. Any facility shall be sufficiently separated from other land uses so as not to unreasonably interfere with or burden the enjoyment of other neighboring lands, consistent with the policy established under this chapter.

(B) Concentrated animal feeding operation permit requirements. Concentrated animal feeding operations are hereby classified as Class A concentrated animal feeding operations, which consist of any concentrated animal feeding operations containing 2,000 or more animal units as defined in these regulations, Class B concentrated animal feeding operations which consist of concentrated animal feeding operations between 1,000 and 1,999 animal units as defined in these regulations, Class C concentrated animal feeding operations which consist of concentrated animal feeding operations between 500 and 999 animal units as defined in these regulations, and Class D concentrated animal feeding operations which consist of concentrated animal feeding operations between 200 and 499 animal units, as defined in these regulations. Any person who owns, operates, or proposes to own or operate a Class A, Class B, or Class C concentrated animal feeding operation, as defined in these regulations, shall be required to apply for a conditional use permit pursuant to these regulations whenever any of the following occurs: a new concentrated animal feeding operation is proposed where one does not exist; when an expansion is proposed beyond what a current permit allows; when a signed complaint has been received or made by the County Planning Director or the state’s Department of Environment and Natural Resources and after inspection reveals that the concentrated animal feeding operation is in violation of county, federal, or state regulations; when a change in operation occurs as defined within these regulations; or when an existing CAFO is to be restocked after being idle for five or more years.

Type of Animal	Class A Number of Animals	Class B Number of Animals	Class C Number of Animals	Class D Number of Animals
Beef cow, steer, feeder, dairy heifer or fat beef animal	2,000 or more	1,000 to 1,999	500 to 999	200 to 499
Ducks or geese	10,000 or more	5,000 to 9,999	2,500 to 4,999	1,000 to 2,499
Farrow-to-Finish (sows)	540 or more	270 to 539	135 to 269	54 to 134
Hens, cockerels, capons, broilers	60,606 or more	30,303 to 60,605	15,151 to 30,302	6,060 to 15,150
Horse	1,000 or more	500 to 999	250 to 499	100 to 249
Mature dairy cattle (milked or dry)	1,429 or more	714 to 1,428	357 to 713	143 to 356
Nursery swine under 55 pounds	20,000	10,000 to 19,999	5,000 to 9,999	2,000 to 4,999
Sheep	20,000 or more	10,000 to 19,999	5,000 to 9,999	2,000 to 4,999
Swine over 55 pounds	5,000 or more	2,500 to 4,999	1,250 to 2,499	500 to 1,249
Turkeys	111,111 or more	55,556 to 111,110	27,778 to 55,555	11,111 to 27,777

(D) Waste management plan.

(1) Any facility for which a conditional use permit (CUP) is required shall have a waste management plan (WMP). Waste application provisions can be found under division (E) below. The WMP shall be prepared with the assistance of an engineer, licensed in the state, or other qualified professional (at the applicant’s expense); be in writing; be approved as an adjunct to the CUP; and be updated or amended periodically to conform to facility operating conditions or requirements. In addition, an engineer that is licensed in the state shall approve and sign off on all building and waste storage facility plans associated with the concentrated animal feeding operation.

(2) Class A and B concentrated animal feeding operations, as defined by these regulations, shall be required to have the WMP reviewed and approved by the state’s Department of Environment and Natural Resources. Waste management plans for Class A, B, C, and D concentrated animal feeding operations may be reviewed periodically by the Planning Commission, if deemed necessary. The following minimum requirements (unless varied from or waived by the CUP) shall apply.

(a) Pest and odor control shall be maintained using conscientious methods, both as to the facility and the waste disposal site.

(b) Unless otherwise required by state or federal law, all waste shall be collected in self-contained, enclosed pits, and transport equipment conveying wastes to the disposal site shall be fully enclosed and structurally sound to prevent leakage or spillage.

(c) The legal description of all tillable agricultural lands where waste disposal is to be conducted. All waste produced from swine units must be knifed or injected. Waste produced by any other animal site may be either surface/irrigation applied or incorporated/injected.

(d) Written agreements with all owners of waste disposal sites (other than those of the facility owner) for the use of such land for waste disposal, with provision no such land shall be withdrawn from use without written notice to the Planning Commission. Contracts shall be for a minimum three-year time period.

(e) Waste disposal at all sites shall meet the following separation distance requirements:

Category	Surface or Irrigation Applied	Incorporated or Injected
Dwellings	300 feet (surface) 1,000 feet (irrigation)	300 feet
Lakes, rivers, and streams classified as fisheries	300 feet (lakes) 100 feet (river and stream)	100 feet (lake) 100 feet (river and stream)
Municipality or rural subdivision	1,000 feet	1,000 feet
Natural or human-made drainage ditch or canal	200 feet	50 feet
Private shallow wells	250 feet	250 feet
Public roads	25 feet (surface) from right-of-way 300 feet (irrigation)	10 feet from right-of-way
Public wells	1,000 feet	1,000 feet
Residence other than the operator	1,000 feet	600 feet
Stream and lakes classified as drinking water supplies	1,000 feet	300 feet

(E) Transportation of manure into the county. Any landowner within the A-l Agricultural District receiving and utilizing manure generated from a concentrated animal feeding operation not permitted by the county shall provide the county with a complete waste management plan, and shall comply with all provisions of § 154.250. Furthermore, the animal manure shall be applied to the land in a manner consistent with § 154.250.

(F) Minimum separation distances.

(1) The facility shall be sited not closer than those distances indicated in division (F)(2) below. These setbacks are minimum standards that may be increased by the Planning Commission during the conditional use permit issuance process due to concerns or circumstances unique to a specific concentrated animal feeding operation permit application. Setbacks shall be measured from the outermost point of the feedlot to the structure/use as identified in division (F)(2) below.

(2) If an applicant wishes to place a concentrated animal feeding operation closer than the separation distances set forth in these regulations, the applicant can request an exception for the separation distance from the Planning Commission. The Planning Commission may allow an exception from the separation distance only when the applicant obtains waivers from all the owners of property within the separation distance. Any authorized person, business, or governmental entity that is within the separation distance may waive the separation distance through a written instrument to be filed with the county’s Register of Deeds. This waiver would run with the land.

Setback Chart	Class A	Class B	Class C	Class D
100-year floodplain	Prohibited
Designated aquifer protection district	Prohibited, unless the applicant can show by appropriate soil borings that the site is appropriate.
Designated county or state parks	1.5 miles	1 mile	1 mile	0.5 mile
Dwellings (other than owner’s or operator’s), churches, schools, and businesses	3,960 feet	2,640 feet	1,320 feet	1,320 feet
Incorporated municipalities	2 miles	1.25 miles	1 mile	1 mile
Lake, rivers, and streams classified as fisheries	1 mile	1 mile	0.5 mile	0.5 mile
Private wells (other than owner’s or operators)	0.25 mile	0.25 mile	0.25 mile	0.25 mile
Public water supplies	1.5 miles	1 mile	1 mile	0.5 mile

(3) In addition to the separation distances set forth in division (F)(2) above, new concentrated animal feeding operations and new construction on existing concentrated animal feeding operations shall meet a 99% odor annoyance-free rating separation distance at the closest city limits line and rural residential zoning district, and a 97% odor annoyance-free rating separation distance for structures and dwellings that are not associated with the concentrated animal feeding operation, as determined by the SDOFT odor evaluation modeling as developed and modified by the South Dakota State University Department of Agriculture and Biosystems Engineering.

(G) Information required for the consideration of Class A, B and C concentrated animal feeding operation conditional use permits (CUP). Any applicant for a county conditional use permit for concentrated animal feeding operations shall provide the following information to the Planning Director prior to consideration by the Planning Commission:

(1) The owner’s, manager’s, management company’s, or similar entities’ name, address, and telephone number;

(2) Legal description of the site;

(3) The number and type of animals to be housed by the proposed concentrated animal feeding operation;

(4) A fly and odor control;

(5) Methods to be utilized for the disposal of dead animals;

(6) Information on ability to meet designated setback requirements, including maps showing measured distances;

(7) Plans and specifications of the proposed site and a nutrient management plan;

(8) Information on the types of soils at the site, and whether there are any shallow aquifers, designated wellhead protection areas, and/or 100-year floodplain designations at or within one- half mile of the proposed site;

(9) A map illustrating all land to be utilized for manure application;

(10) Site plan of all existing and proposed buildings and structures;

(11) Provide farm service agency wetland map;

(12) Test boring location and test boring results. The standards utilized by the state’s Department of Environment and Natural Resources for soil borings shall be followed. This item may be a condition of the conditional use permit; and

(13) The county’s Planning Commission or the Planning Director may request information reasonably related to a concentrated animal feeding operation not contained in these regulations.

(H) Special exception for livestock sales barn. A livestock sales barn, as a conditional use in the A-l Agricultural District, § 154.058(U), or other district where such use may be permitted, otherwise meeting the definition of a concentrated animal feeding operation in this chapter, covered or proposing to be covered by a general water pollution control permit for concentrated animal feeding operations to be issued by the state’s Department of Environment and Natural Resources (Pierre, South Dakota), and where animals intending to be sold by their owners through an agency on advertised or publicized sale dates, have been, are, or will be stabled or confined for periods of not more than 60 consecutive hours, including the date of sale, shall observe as a minimum separation distance the provisions of the setback chart for a Class C concentrated animal feeding operation, as established in division (F) above, without regard to whether the number of animals on hand at one or more points in time for purposes of sale are, in terms of animal unit ratios, greater, equal to, or lesser than the definition of a Class C concentrated animal feeding operation as provided in divisions (B) and (C) above.Nothing in this division (H) shall change, modify, or eliminate the otherwise applicable requirements of the waste management plan under division (D) above, including separation distances for waste disposal set forth therein.

(I) Minimum lot size.

(1) A lot size of no less than five acres is required for all Class C concentrated animal feeding operations.

(2) A lot size of no less than 20 acres is required for all Class A and Class B concentrated animal feeding operations.

(J) Municipality setbacks. Any new livestock operation or expansion of an existing livestock operation in excess of 100 animal units, up to a Class D Concentrated animal feeding operation, within one mile of a municipal border in an A-l Agricultural Zoned District, will require a conditional use permit.

(Ord. 0904-05, passed 5-20-2009; Ord. 1208-27, passed 8-28-2012; Ord. 1711-29, passed 11-14-2017; Ord. 1801-46, passed 1-23-2018; Ord. 1802-39, passed 2-27-2018; Ord. 1802-40, passed 2-27-2018; Ord. 1805-07, passed 5-1-2018)

§ 154.251 TEMPORARY USES.

(A) Intent.

(1) The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which have only a temporary duration and are not so recurring in nature as to constitute a permanent use.

(2) These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.

(B) Permit required. No person shall operate a temporary use without first obtaining a permit therefor from the Planning Commission as prescribed in this section. If an appeal is filed pursuant to division (G) below, the Planning Director shall present the Planning Commission’s decision to the Board of County Commissioners for review.

(1) Submission deadline. All applications for a temporary use permit shall be made at least 90 days prior to the proposed commencement date of the use.

(2) Temporary use plan. All temporary uses shall be subject to approval of a temporary use plan. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and such other information in sufficient detail as the Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.

(D) Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:

(1) The temporary use will have no unreasonable adverse effect on nearby properties or jeopardize public health, safety, and general welfare, and is compatible with the purpose and intent of this chapter and the specific zoning district in which it is located;

(2) The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use;

(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking;

(4) Adequate sanitation facilities will be available on the site;

(5) The time period and hours of operation for the temporary use are clearly specified;

(6) Provision is made for the removal, clean-up, and restoration of the site;

(7) The temporary use will not adversely impact the natural environment;

(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property; and

(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code.

(E) Planning Commission hearing. Upon the filing of an application for a temporary use permit, the Planning Director shall set a date for public hearing on such requested temporary use, at which time and place the county’s Planning Commission shall meet to consider the temporary use request.

(1) Notification. The applicant must notify all property owners (inclusive of Contract for Deed buyers) of land laying within 500 feet, inclusive of right-of-way, of the outer boundaries of the property involved in the request. The list of landowners to be notified shall be determined by records of the Director of Equalization. The Planning Department shall provide the applicant with a notice of hearing forms for this purpose, and the notices are to be sent by the applicant to all parties on the aforementioned list by registered mail no less than 30 days prior to the public hearing on the requested temporary use held by the Planning Commission or the Board of County Commissioners on appeal. The notice of hearing forms shall include the time, date, and location of the public hearing; a description of the proposed temporary use; the area of the temporary use site; and any other information needed to clearly convey the nature of the proposed temporary use. The applicant shall sign an affidavit certifying that the required mailing was completed and file copies of the registered mail receipts. The affidavit shall be provided to the Planning Department at least five working days prior to the Planning Commission meeting.

(2) Signs. Sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least ten days prior to the scheduled hearing.

(3) Action. The Planning Commission shall decide whether to grant the temporary use with such conditions and safeguards as are appropriate or to deny a temporary use. The decision of the Planning Commission shall be final unless an appeal is filed in accordance with division (G) below.

(F) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic wellbeing of those who will use the temporary use, residents, and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.

(G) Appeal of Planning Commission decision. The decision rendered by the Planning Commission on a temporary use permit, the approval of the terms and conditions of the temporary use plan, and the conditions and safeguards determined to be appropriate by the Planning Commission may be appealed to the Board of County Commissioners.

(1) The applicant or any other person aggrieved by the decision of the Planning Commission shall file a written appeal with the Office of Planning and Zoning within five working days of the Planning Commission decision. When an appeal is filed, the Planning Director shall present the Planning Commission’s decision to the Board of County Commissioners for review.

(2) Notice of the meeting shall be given as required by division (E)(1) above. The Board shall vote to either uphold, overrule, or amend the decision of the Planning Commission.

(H) Fee. A fee of $250 shall accompany the application for a temporary use permit.

(I) Exemptions. The following uses shall not require a temporary use permit:

(1) Estate or real estate sales involving the property or items from the property where the sale is held;

(2) Garage, yard, or rummage sales, provided:

(a) Sales last not longer than three days;

(b) Sales are held no more than twice yearly; and

(3) Weddings, purely social parties, or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved.

(Ord. 0904-05, passed 5-20-2009; Ord. 1006-01, passed 6-10-2010)

§ 154.252 TELECOMMUNICATIONS TOWERS, ANTENNA SUPPORT STRUCTURES, AND WIRELESS COMMUNICATION FACILITIES.

(A) Intent and purpose.

(1) The unique and diverse landscapes of the county are among its most valuable assets. Destroying these assets risks undermining the very characteristics responsible for our economic vitality and future potential. Protecting these assets will require that location and design of tower facilities be sensitive to, and in scale and harmony with, the aesthetics of the county. This section will provide standards for the proper placement and design of tower facilities in order to ensure their compatibility with surrounding aesthetics and development.

(2) The purpose of this section is to provide predictable and balanced standards for the siting and screening of tower facilities on both public and private property within the jurisdiction of the county. These standards will protect the health, safety, and general welfare of persons in the area(s) surrounding such tower facilities from possible adverse aesthetics related to the placement, construction, or modification of such tower facilities.

(a) Leasing of public buildings, publicly owned structures, and/or public rights-of-way for the purposes of locating wireless telecommunication services facilities and/or equipment is encouraged.

(b) In cases where a facility is proposed on county property, specific locations and compensation to the county shall be negotiated in lease agreements between the county and the provider on a case-by-case basis, and would be subject to all of the review criteria contained in this section.

(c) Such agreements would not provide exclusive arrangements that could tie up access to the negotiated site(s) or limit competition, and must allow for the possibility of “co-locating” (sharing of facilities) with other providers.

(3) Regulations regarding development of telecommunications towers, antenna support structures, and wireless communications facilities are intended to encourage development of a competitive wireless communications market place while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the county. The regulations cover placement, construction, and modification of telecommunications towers, antenna support structures, and wireless communications facilities. The intent of this section includes the following:

(a) To regulate the location of telecommunication towers, antenna support structures, and wireless communication facilities;

(b) To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures, and wireless communication facilities;

(c) To minimize adverse visual impact of tower sites through design, siting, landscaping, and innovate camouflaging techniques;

(d) To promote shared use and co-location of sites;

(e) To ensure telecommunications towers, antenna support structures, and wireless communication facilities are compatible with surrounding land uses;

(f) To facilitate the provision of services to residents and businesses in an orderly fashion;

(g) To promote the location of telecommunications towers, antenna support structures, and wireless communication facilities in non-residential areas; and

(h) To avoid potential damage to property caused by telecommunications towers, antenna support structures, and wireless communication facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound. Specifically, the Telecommunication Act of 1996, being Pub. L. No. 104-104, affirms the local government’s right to control the siting, construction, and modification of cellular and other wireless telecommunication facilities. The permitting process of this section will not discriminate among providers of functionally equivalent services and will not prohibit the provisions of personal wireless services.

(B) Applicability. It shall be unlawful for any person, firm, or corporation to erect, construct in place, or place any tower facility without first receiving a permit(s) from the county’s Planning and Zoning Office, nor may any person, firm, or corporation alter, modify, transform, add to, or change in any way an existing tower facility without first receiving a permit(s) from the county’s Planning and Zoning Office.

(1) New tower facilities shall be designed and constructed to permit the future co-location of other commercial wireless telecommunications services, according to the following criteria:

Height of Structure	Additional Users Facility Must Accommodate
Less than 100 feet	No co-location required
Between 100 feet and 130 feet	One additional user accommodated
Between 130 feet and 160 feet	Two additional users accommodated
161 feet and greater	Three additional users accommodated

(2) In satisfying co-location requirements, the owner of the tower must provide adequate access to the tower site and space within the owned or leased area to accommodate co-location user’s equipment. Nothing in these regulations shall prevent the owner of the tower from requiring remuneration from a co-location user, provided that such remuneration is rate reasonable. The owner of the tower may also establish reasonable technical requirements for co-location to protect the owner’s investment and guarantee effective telecommunication service. The owner of the tower shall have the authority to review all plans for co-location uses and require reasonable modifications for such plans to ensure safe and efficient operations of the communication services and protect the owner’s investment.

(D) General standards.

(1) Setback. There shall be a minimum setback of 600 feet from the tower base to any existing residence or proposed residential development area based on the land use plan except the farmstead residence on the proposed site. Building structures must meet county setback requirements. Towers shall be no more than 200 feet in height. Towers exceeding 200 feet may be considered, if FCC and FAA approval is received.

(2) Fencing. The tower facility shall be protected by a security fence from six feet to eight feet in height around the perimeter of the site.

(3) Signage. The owner’s name, telephone number, and site ID number shall be posted on the gate of a perimeter fence. No other advertising or identification sign of any kind is permitted on the tower facility, except applicable warning and equipment information as required by the manufacturer or by federal, state, or local authorities.

(4) Lighting. The light source for any necessary security lighting shall feature down-directional, sharp cut-off luminaries that ensure there is no spillage of illumination off the parcel or easement boundary. Towers shall be of a monopole design unless it is determined that an alternative design would be appropriate for the particular site or circumstance. All sites and equipment shall be maintained in good condition, order, and repair so they shall not endanger the life or property of any person.

(E) Application requirements.

(1) The county’s Planning and Zoning Office may contract with an independent technical expert to review technical materials submitted by the applicant and/or to determine if additional information is necessary. The tower facility applicant shall pay the cost of such review and/or independent analysis.

(2) Name and address of the tower facility owner, record landowner of parcel, and any duly appointed agents of the parties.

(3) A visual study depicting where within a one-mile radius any portion of the proposed tower facility will be visible.

(4) Site plan(s) drawn to a scale of one inch equals 20 feet or less, specifying the location of the tower facility, support structures, transmission buildings, and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas, and all adjacent land uses within 240 feet of the base.

(5) Elevation drawings of “before” and “after” simulating and specifying ground levels, the location and height of antenna(s), support structures, equipment buildings, and/or other accessory uses, fences, and signs of the tower facility.

(6) Map showing the search radius for the antenna location and the proposed broadcast coverage obtained by the tower facility, including a narrative describing a search radius of not less than one mile for the requested site, clearly explaining why the site was selected, identifying, and locating landing and takeoff areas of aircraft within the search radius, locating all existing tower facilities, and identifying all other structures that may be potential co-location sites.

(7) Description of the tower facility design (for example, monopole).

(8) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission for installation at a co-location facility.

(9) Written, technical evidence from an engineer(s) that the proposed tower or communication facility cannot be co-located to other tower sites.

(10) Written, technical evidence that an engineer registered in the state has provided the design for this specific tower facility and site ensuring the proper standards for design.

(F) Other requirements.

(1) The county may require additional information from the applicant and impose additional standards, regulations, or requirements as deemed necessary to protect the public health, safety, and welfare. If the Planning Commission considers the information provided inadequate or if the applicant fails to supply required information, the Planning Commission may deny the application on this basis.

(2) Other requirements include, but are not limited to, the following:

(a) A letter that requires the tower facility owner and successors to allow the shared use of the tower facility if an additional user(s) agrees, in writing, to meet reasonable industry terms and conditions for shared use;

(b) A copy of the FAA determination or a signed statement that the proposed tower facility has not been found to be a hazard to air navigation under the Federal Aviation Regulations, 14 C.F.R. Part 77, or that no compliance with 14 C.F.R., Part 77 is required, and the reasons therefor;

(c) A copy of the FCC’s license or a signed statement from the proposed operator of the tower facility attesting to the fact that the tower facility complies with current FCC regulations, including compliance with the regulations of the FCC with regard to maximum radio frequency and electromagnetic frequency emissions, or a statement from the applicant that no such compliance is necessary, and the reasons therefor;

(d) Copy of a certificate of insurance for liability and workers compensation insurance that requires notification to the county’s Planning and Zoning Office prior to cancellation will be furnished;

(e) Documentation demonstrating that the tower facility has been designed to conform to applicable state structural building standards and accepted electrical engineering methods and practices as specified in applicable provisions of the National Electrical Code and a sworn statement that following completion of construction the tower facility will be inspected at the applicant’s expense by a qualified engineer licensed by the state; and

(f) The applicant shall submit proof, in the form of a signed affidavit, demonstrating a good faith effort to lease or purchase space on an adjacent existing tower facility. The affidavit shall state why space is not available, such as:

1. The planned tower facility would exceed the structural capacity of the tower facility and the structural capacity cannot reasonably be increased;

2. The planned tower facility would cause interference with the usability of other existing or planned equipment at the tower facility; and/or

3. An existing tower facility cannot accommodate the planned antenna at a height necessary to function reasonably.

(G) Exemptions. Towers exempt from the permitting process include the following:

(1) Residential use no more than ten feet above average existing tree canopy or roof line; and

(2) Normal maintenance to existing tower facilities.

(H) Annual notification - failure to comply deemed abandonment.

(1) The owner of the facility shall file an annual notification in writing to the Planning and Zoning Office as to the current operation of the tower facility.

(2) This annual report due on or before January 15 of each year shall include, but not be limited to, the following information:

(a) Tower usage: type of usage, tower in service or out of service;

(b) Documentation of antenna: number of co-locates;

(d) Annual maintenance performed; and

(e) Any changes from the original conditional use permit.

(3) Failure to comply with this section will deem the tower facility abandoned.

(I) Abandonment.

(1) Tower facilities that are not in use for 180 consecutive days shall be considered abandoned and shall be removed by the owner within 180 days. The applicant must furnish a copy of the relevant portion of an executed lease, which identifies the applicant’s obligation to remove abandoned or unused towers, concrete footings, anchors, supporting equipment, and antennae prior to the issuance of a conditional use permit to erect a tower.

(2) Removal includes the complete tower facility, including related infrastructures, footings, and other underground improvements to a depth of 36 inches below existing grade, and restoration to pre-existing vegetative cover. Failure to do so shall be just cause for the county to seek legal avenues that will remove the tower facility and restore the site.

(3) The county shall require financial assurances, including bonds in an amount sufficient to cover costs of removal of towers, buildings, concrete footings, anchors, supporting equipment, and antennae. Said financial assurances shall be submitted with the conditional use permit application. An engineer’s cost estimate is to assist the county in determining the amount of financial assurance necessary to cover removal costs of said towers, buildings, concrete footings, anchors, supporting equipment, and antennae.

(4) In the event any towers, buildings, concrete footings, anchors, supporting equipment, and antennae have not been removed within 180 days written notice by the county after abandonment, the county shall have the right to remove the towers, buildings, concrete footings, anchors, supporting equipment, and antennae and assess the property.

(J) Existing tower facilities. Existing tower facilities may continue in use and perform routine maintenance for the purpose now used and may not alter, convert, modify, transform, vary, add to, or change in any way the form without complying with this section. Existing tower facilities shall be considered for the co-location of other antenna(s). The owner of an existing tower facility shall file an annual notification in writing to the Planning and Zoning Office as to the continuing operation of every tower facility constructed (see division (H) above). Failure to do so shall be determined to mean that the tower facility is no longer in use and considered abandoned.

(K) Maintenance.

(1) All tower facilities shall be maintained in a safe and clean manner. The tower facility owner shall be responsible for maintaining a graffiti, debris, and litter-free site. The landscape plan shall be maintained for the life of the tower facility. Trimming the tops of trees on the site shall be allowed only to maintain the average height of the canopy used to establish tower facility height. All tower facilities shall be subject to periodic inspection to ensure continuing compliance with all conditions of the application submitted and approval requirements.

(2) Telecommunications towers, antenna support structures, and wireless communications facilities shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Associations Standards (latest revision), all applicable laws, and so as not to interfere with the use of other property.

(3) Upon the County Communications Director’s determination that a tower site is a hazard to public safety, the owner shall be required to perform an inspection by a registered professional engineer and make all recommended corrections at the owner’s expense.

(L) Time limit on tower facility construction. Construction of an approved tower facility must be completed within two years following the date of the approval. Landscaping must be installed within the first growing season immediately following construction.

(Ord. 0904-05, passed 5-20-2009) Penalty, see § 154.999

§ 154.253 AIRPORT APPROACH ZONES.

(A) (1) Approach zone.

(a) Within the air space above the approach zone to each end of a runway designed to be used for instrument landings, no building, structure, or growth shall be erected, altered, or permitted to project above a plane with a slope of one (vertical) to 50 (horizontal) projected from a point 200 feet beyond the end of a runway for a distance of 10,000 feet, said plane to be in the shape of symmetrical trapezoid 1,000 feet in width at its lowest point and 4,000 feet in width at its highest point; combined with a second plane with a slope of one (vertical) to 40 (horizontal) extending from the upper edge of the first plane for an additional distance of 40,000 feet, said plane to be in the shape of a symmetrical trapezoid 4,000 feet in width at its lowest point and 16,000 feet in width at its highest point.

(b) Within the air space above the approach zone to each end of a runway not designed to be used for instrument landings, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 40 (horizontal) projected from a point 200 feet beyond the end of the runway for a distance of 10,000 feet, said plane to be a symmetrical trapezoid (*) feet wide at its lowest point and (*) feet wide at its highest point.

(2) Transition zones. Within the established transition zones adjacent to each instrument and non-instrument runway and approach zone, no building, structure, or growth shall be erected, altered, or permitted to project above a plane with a slope of one (vertical) to seven (horizontal). Transition zones extend outward and upward from a line (*) feet on either side of the center line of non-instrument runways for the length of such runway plus 200 feet on each end; to a height 150 feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to both instrument and non-instrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intercept to the surfaces of the horizontal and conical zones.

(3) Conical zone.

(a) Within (*) feet from the established airport reference point, no building or structure shall be erected or altered to project above a horizontal plane 150 feet above the established airport elevation. This horizontal zone does not include the approach or transition zones. Within the conical zone, which commences at the periphery of the horizontal zone and extends outward there from a distance of (*) feet, no building or structure shall be erected or altered to project above a plane with a slope of one (vertical) to 20 (horizontal).

(b) Exception: Nothing in this division (A)(3) shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to 20 feet above the surface of the land.

(B) (*) The applicable distance in feet (referenced in this section) must be based on runway length as set forth in the Federal Aviation Regulations, 14 C.F.R. Part 77, § 77.27.