ORDINANCE NO. 2021-05 AN ORDINANCE ENTITLED, AN ORDINANCE TO AMEND ARTICLE II “DEFINITIONS”, ARTICLE XI “ZONING DISTRICTS, AND ARTICLE XII “GENERAL REQUIREMENTS, ADOPTED BY ORDINANCE 2004-01, AS AMENDED, OF THE ZONING ORDINANCE OF GRANT COUNTY.

ORDINANCE NO. 2021-05

AN ORDINANCE ENTITLED, AN ORDINANCE TO AMEND  ARTICLE II “DEFINITIONS”, ARTICLE XI “ZONING DISTRICTS, AND ARTICLE XII “GENERAL REQUIREMENTS, ADOPTED BY ORDINANCE 2004-01, AS AMENDED, OF THE ZONING ORDINANCE OF GRANT COUNTY.

BE IT ORDAINED by the Board of County Commissioners of Grant County, South Dakota: that ARTICLE II “Definitions” Section 251. “Manufactured Homes”, adopted by Ordinance 2004-01, as amended, of the Zoning Ordinance of the Grant County be amended by striking language and adding language in bold and underline:

Section 251.  Manufactured Home.  

1. An industrialized building unit constructed on a chassis for towing to the point of use and designed to be used for continuous yearround occupancy as a single dwelling.  For the purposes of this ordinance manufactured homes are further defined as follows:

a. Type A Manufactured Home 

shall:

i. Have more than 1,200 square feet of occupied space in a double-

section or larger multi-section 

unit.

ii. The running gear and hitch have 

been removed.

iii. Has been anchored to a 

foundation and permanent 

footing. 

iv. The foundation shall be (a) an 

approved wood basement 

constructed of 2 x 6 framework 

and treated with water resistant 

materials; or (b) a foundation shall 

be constructed with eight inches 

poured concrete or concrete block.

v. The footing to be a minimum of 

eight (8) inches thick by sixteen 

(16) inches wide poured concrete 

with top of footing to be sixteen 

(16) inches below grade.

vi. The age of the manufactured 

house may not exceed fifteen (15) twenty (20) years from the date of 

manufacture.

vii. Utilize a permanent perimeter 

enclosure in accordance with 

approved installation standards.

viii. Have a gabled roof with a 

pitch of at least 2/12 feet.

ix. Have siding material of a type 

customarily used on site-

constructed residence.

x. Have roofing material of a type 

customarily used on site-

constructed residences.

b. Type B Manufactured Home 

shall:

i. Have more than 700 square feet 

of occupied space in a single, 

double, expando or multi-section 

unit.

ii. Utilize a perimeter enclosure in 

accordance with approved 

installation standards.

iii. Be anchored to the ground, in 

accordance with manufacturer’s 

specifications or as prescribed by 

the ANSI/NFPA 501A Standards.

iv. The age of the manufactured 

house may not exceed fifteen (15) 

twenty (20) years from the date of 

manufacture.

v. Be placed on a support system, 

in accordance with approved 

installation standards. [Ord. 2004-

1]

2. Variance from Maximum Age Requirement

Type I and Type II manufactured homes may receive a variance from the maximum age requirement Section 251.  The Board of Adjustment may grant a variance if the applicant requesting the placement of the manufactured home meets the following requirements:

a. The applicant shall provide a 

photograph of the manufactured 

home’s exterior and interior.

b. That it shall have been shown 

to the satisfaction of the Board of 

Adjustment that the said 

manufactured home complies 

with the gas, plumbing, 

electrical, and construction 

requirements of Grant County.

c. That the applicant shall 

obtain, and present to the Board 

of Adjustment, the written 

consent of fifty (50) percent of 

property owners owning 

property immediately adjacent 

(excluding streets and alleys) to 

the proposed building site.

BE IT FURTHER ORDAINED by the Board of County Commissioners of Grant County, South Dakota:  that Article II, “DEFINITIONS” adopted by Ordinance 2004-01, as amended, as amended, of the Zoning Ordinance of Grant County be amended by adding the following Definitions in bold and underline font:

Accessory Agricultural Housing.  Any dwelling, occupied by employees of a Concentrated Animal Feeding Operation, pursuant to Article XIII, which has been issued a Conditional Use permit by Grant County

Shared Dwelling. One room, or rooms, connected together, constituting a shared, housekeeping establishment for Accessory Agricultural Housing that may provide living accommodations for more than three (3) unrelated individuals and contain shared cooking, bathing, sleeping and/or common living areas. 

Section of Land.  A division or parcel of land, delineated by the United States Public Land Survey, comprising of approximately one square mile or 640 acres.

BE IT ORDAINED by the Board of County Commissioners of Grant County, South Dakota: that ARTICLE XI  “Zoning Districts” Section 1101.03 Agriculture District “Conditional Uses” adopted by Ordinance 2004-01, as amended, of the Zoning Ordinance of the Grant County be amended by adding language in bold and underline:

26. Accessory Agricultural Housing

BE IT FURTHER ORDAINED by the Board of County Commissioners of Grant County, South Dakota: that ARTICLE XI  “Zoning Districts” Section 1101.03 Agriculture District “Conditional Uses” adopted by Ordinance 2004-01, as amended, of the Zoning Ordinance of the Grant County be amended by adding language in bold and underline:

27. Moved in Residence per Section 1205.3.

BE IT ORDAINED by the Board of County Commissioners of Grant County, South Dakota: that ARTICLE XII  “General Requirements” Section 1205 “Moved in Buildings” adopted by Ordinance 2004-01, as amended, of the Zoning Ordinance of the Grant County be amended by striking language and adding language in bold and underline:

Section 1205.  Moved in Buildings.

1. Any building, except those in the “A” Agricultural District, moved into any use district must secure a special permit from the County Zoning Officer.

2. Any residence moved into any use district must have signature by petition of one hundred fifty percent (100%) (50%) of the adjoining landowners and one hundred percent (100%) of the landowners within two hundred (200) feet.  EXCEPTION:  A new residence to be used for first occupancy, constructed off the property and moved to location shall not require adjoining landowners' approval. 

3. Any moved in residence which does not obtain signatures of fifty (50) percent of the adjoining landowners may apply for a conditional use permit. The Board of Adjustment may grant a conditional use permit if the applicant requesting the placement of the manufactured home meets the following requirements:

a. The applicant shall provide a 

photograph of the proposed 

moved in residence’s exterior 

and interior.

b. That it shall have been shown 

to the satisfaction of the Board of 

Adjustment that the said 

residence complies with the gas, 

plumbing, electrical, and 

construction requirements of 

Grant County.

BE IT FURTHER ORDAINED by the Board of County Commissioners of Grant County, South Dakota: that that Article XII, “GENERAL REGULATIONS” adopted by Ordinance 2004-01, as amended, of the Zoning Ordinance of Grant County be amended by adding the following Section in bold and underline font:

Section 1218:  Accessory Agricultural Housing 

1. Accessory Agricultural Housing is a permitted accessory use to Class A Concentrated Animal Feeding Operations (CAFOs). 

2. Accessory Agricultural Housing must be approved by the Board of Adjustment. 

a. Any Class A CAFO, permitted 

after October 1st, 2021 is 

required to submit a request for 

accessory agricultural housing at 

the time of the initial CAFO 

application. 

b. Any Class A CAFO, permitted 

before October 1st, 2021 may 

submit a request for Accessory 

Agricultural Housing if such 

request is made prior to October 

1st, 2023. 

3. Accessory Agricultural Housing is recommended to be located within the same section of land as the permitted Class A CAFO, but shall be no further than five (5) miles from the permitted Class A CAFO, provided the property is owned by the permit-holder. 

4. Minimum lot area shall consist of at least two (2) acres per accessory agricultural housing dwelling unit , including the residence of the agricultural employer if on the same lot.

5. Accessory agricultural housing shall be in accordance with the following table: 

 

 

 

 

(chart here)

 

 

 

6. Prior to occupying the accessory agricultural housing dwelling/ shared dwelling, the applicant shall provide documentation of compliance with the most recently adopted version of the International Building Code in accordance with SDCL 11-10-6 for any dwelling structure with two (2) or more dwelling units.

7. Prior to occupying the accessory agricultural housing dwelling/ shared dwelling, the applicant shall provide documentation of compliance with any South Dakota Administrative Rules 74:53.

8. The dwelling/shared dwelling shall be removed or renovated into a single-family dwelling in the event the permit for the CAFO becomes void.

9. In the event the accessory agricultural housing dwelling/shared dwelling remains unoccupied for a period of one (1) year; or is not used in conformance with this Chapter, the accessory agricultural housing dwelling/shared dwelling shall be removed or with permission of the Board of Adjustment may be used for any use accessory to the CAFO.

 

Passed and adopted this 2nd day of November, 2021.

William J. Tostenson

Chairperson

Grant County, SD

ATTEST:

Karen M. Layher

Grant County Auditor

1st Reading: 10-18-2021

2nd Reading: 11-02-2021

Adopted: 11-02-2021

Published: 11-03-2021

Effective: 11-24-2021 Published once at an approximate cost of $116.98.