§ 23.46.011. Agricultural fringe protection (AGFP) district in the joint jurisdiction area.

A.

STATEMENT OF INTENT. The intent of the agricultural fringe protection (AGFP) district in the joint jurisdiction area is to protect agriculturally zoned land one mile from a community city limits from premature development that would inhibit orderly growth and development within the fringe area while maintaining normal agricultural undertakings.

The AGFP district in the joint jurisdiction area covers the unincorporated portions of the county within the joint jurisdictional area which is zoned agricultural at the time this chapter is adopted or updated. The intent of this district is to maintain, preserve and enhance agricultural and open-space lands; to support commercial agriculture as an important permanent land use and a significant contributor to the diverse economy of the county; to protect areas of farm use from conflicting non-farm uses and influences; to control non-farm growth ensuring compatible land uses adjacent to agricultural lands; and, to maintain and improve the quality of air, water and land resources of the county for the benefit of future generations.

B.

PERMITTED USES AND STRUCTURES. The following principal uses and structures shall be permitted in the AGFP district in the joint jurisdiction area:

1.

Any form of agriculture including the raising of crop, horticulture, animal husbandry and kennels;

2.

Dwellings and their normal accessory buildings, including mobile homes;

3.

Railroad track right-of-way;

4.

Roadside product stands in conjunction with a bona fide farm operation on the premises;

5.

Hobby farms; and

6.

All utility systems necessary to service the district.

C.

PERMITTED ACCESSORY USES AND STRUCTURES. The following accessory uses and structures shall be permitted in the AGFP district in the joint jurisdiction area:

1.

Accessory structures commonly associated with farms and all incidental dwelling related uses and structures such as car garages and recreational courts.

D.

CONDITIONAL USES AND STRUCTURES. After notice and appropriate safeguards, the joint planning commission may recommend to the city and county commissions to permit the following conditional uses in the AGFP district in the joint jurisdiction area.

1.

Fairgrounds, racetracks and amusement parks;

2.

Utility substations;

3.

Airports (public) and private plane landing strips;

4.

Cemeteries;

5.

Home occupations;

6.

Golf courses, country clubs and golf driving ranges;

7.

Amphitheaters, stadiums, drive-in movies, arenas and field houses;

8.

Go-cart tracks, riding stables, playfields, bowling alleys, swimming pools, automobile parking;

9.

Farm equipment sales;

10.

Public parks, public recreational areas;

11.

Churches and schools;

12.

Operation and maintenance terminals for trucks and other equipment; and

13.

Greenhouses.

E.

DETERMINATION OF USES AND STRUCTURES. The uses and structures specifically listed in this chapter are not considered to be the only conceivable uses of AGFP land. However, these uses listed do represent the types of uses which may be considered. If an applicant desires to construct a building or conduct a use which is not specifically listed, such applicant shall carry the burden of proof to the zoning board of adjustment that this request is the type of use allowed in the AGFP district, it is not more compatible with a different zoning district, and it does in no way violate the intent of this chapter.

F.

MINIMUM/MAXIMUM REQUIREMENTS:

1.

Front yard and side yard setbacks adjacent to a road right-of-way shall be not less than seventy-five feet.

2.

Side yard setback not adjacent to a public road shall be at least twenty feet.

3.

Minimum Lot Size. The minimum lot size shall be five acres.

4.

Minimum Lot Frontage. There shall be a frontage of not less than three hundred feet.

5.

All lots will front on a right-of-way dedicated to public use or have an ingress/egress easement for access.

6.

All lots within this district shall be platted.

7.

The maximum residential dwelling density shall be four residences per quarter section, except where more than one residence is necessary for persons employed on a farm, and then additional dwellings may be allowed by conditional use. Exceptions may be considered through the variance process.

G.

MINIMUM SHELTERBELT SETBACK. Shelterbelts, field belts, and living snow fence consisting of one or more rows when parallel to the right-of-way shall be set back a minimum of one hundred (100) feet from the center of the road. Existing shelter belts are exempt from minimum setback requirements. Any new or replacement shelterbelts should follow the minimum requirements if surrounding area allows it.

H.

PROTECTION OF NATURAL WATERWAYS. No building or construction shall be permitted within one hundred feet of the high water mark of natural water drainage ways, nor shall any building or construction be permitted within the flood-prone area of the James River. Flood hazard boundary maps are available at the Beadle County Director of Equalization Office in the Beadle County Courthouse, at the Beadle County Emergency Manager's Office and at the city planning and inspection office.

I.

PRIVATE SEWAGE DISPOSAL SYSTEMS. All private sewage disposal systems will comply with U.S. Environmental Protection Agency regulations, and their updates as promulgated in Chapter 34:04:01 General Authority 46-25-107; Law implemented 46-25-28 through 46-25-47. All residences and businesses will file a septic system plan with the Beadle County Equalization Office. The city planning and inspections office and Beadle County Zoning Administrator can provide copies of the state regulations that explain installation and inspection requirements for septic systems.

All sewage disposal systems are to be installed by a certified contractor. If certified owner installed, the Beadle County Planning Commission shall have the system inspected. Individuals will be required to submit a plot plan of the septic system to the Beadle County Planning Commission, for approval prior to installation. Violations will be reported to the South Dakota Department of Environment and Natural Resources.

J.

APPROACHES. Before any road approaches are constructed, the applicant must contact the South Dakota Department of Transportation on state roads, the Beadle County Highway Superintendent on county roads, or appropriate town or township board for approval of the location and construction requirements. On county roads there shall be no more than one access approach on a public road or highway per one-quarter (¼) mile on each side of the road. Public utilities are exempt from the one approach per one-quarter mile limitation.

K.

VARIANCES and CONDITIONAL USES. Requests for variances or conditional use permits in the AGFP district will be heard by the county planning commission, after notification of the adjoining property owners by mail and posting of the property. Notice of such hearing shall be in the same form and manner as is required in response to any other zoning variance. Recommendations provided by the county planning commission will be forwarded to Board of Adjustment for consideration and action.

L.

ENFORCEMENT. The enforcement of this AGFP district within Beadle County shall be the responsibility of the county zoning administrator under the authority of the Beadle County Commission.

M.

Right to Farm Covenant. Prior to receiving a building permit for new residential structure the applicant for the permit must sign and file in the register of deeds office a Right to Farm Covenant.

(Ord. 1843 (part), 1999).

(Ord. No. 2079, 6-7-2010; Ord. No. 2192-23-396, 4-9-2018)

Editor's note

Ord. No. 2079, adopted June 7, 2010, amended § 23.46.011 title to read as herein set out. Former § 23.46.011 title pertained to agricultural fringe protection district (AGFP).