Wednesday May 24, 2017
Hours 8:00 A.M. to 5:00 P.M. Monday - Friday

Alerts

License Renewals are due for H/I/O

Courthouse will be CLOSED on Monday May 29th

 

Planning and Zoning

flagcourthouseDAVISON COUNTY COURTHOUSE

Planning and Zoning

Jeff Bathke

Jeff Bathke

Email: jeffb@davisoncounty.org

Phone: (605) 995-8615 or (605) 995-8640

Cell: (605) 999-2863 Fax: (605) 995-8642

Mailing Address:

Davison County Courthouse

200 E 4TH AVENUE

MITCHELL, SD 57301

Administrator: Jeff Bathke

Office: (605) 995-8615 or
(605) 995-8640

Office Location: Davison County Courthouse, 1st Floor

Cell: (605) 999-2863

Email: jeffb@davisoncounty.org

Fax: (605) 995-8642

Deputy Administrator: Mark Jenniges

Office: (605) 995-8615 or
(605) 995-8640

Office Location: Davison County Courthouse, 1st Floor

Cell: (605) 630-6848

Email: markj@davisoncounty.org

Fax: (605) 995-8642

 

Jeff Bathke

Jeff Bathke has served as the Davison County Planning & Zoning Administrator since April, 2013. Jeff is a graduate of Plankinton High School and the University of South Dakota.

He holds a Bachelor of Science Degree in Psychology and a Master of Science Degree in Administration, with an emphasis in Organizational Leadership.

Jeff’s past experience includes 17 years working in counseling programs, Department of Corrections facilities, and Private Research. Jeff is also a licensed counselor in the state of South Dakota.


Current & Upcoming Events:​​​​​​​​​​

  • May 2, 2017                               Planning and Zoning Commission @ 7:00 P.M.
  • May 9, 2017                               Board of Adjustment Meeting @ 9:15 A.M.
  • May 16, 2017                             Drainage Board Meeting @ 7:00 P.M.
  • May 18, 2017                             Special Planning and Zoning Commission @ 7:00 P.M.
  • May 23, 2017                             Special Board of Adjustment Meeting @ 9:15 A.M.
  • May 29, 2017                             Memorial Day-Courthouse Closed
  • June 6, 2017                               Planning and Zoning Commission @ 7:00 P.M.
  • June 13, 2017                             Board of Adjustment Meeting @ 9:15 A.M.
  • June 20, 2017                             Drainage Board Meeting @ 7:00 P.M.

Davison County is working on a revision to the Zoning Ordinance. To view the proposed full ordinance, click on Zoning Ordinance-Proposed Revision-2 May 2017 To view just a list of the proposed changes to the ordinance, and the notes from the meetings, click on Zoning Ordinance-Proposed Changes-2 May 2017.

The Planning Commission Minutes can be found @ Planning Commission Minutes

Emails regarding the Proposed Revision to the Davison County Zoning Ordinance, and any attachments can be found below. A running summary of the emails can be found @ Email Summary as of 5-15-17.

1-Proposed wind ordinance for Davison County-Gene and Denise Stehly-2-28-2017
      1-Letcher Township Ordinance 16-1-2
2-Proposed wind ordinance for Davison County-Lance Koth-2-28-2017
3-Proposed Wind Ordinance-Jade Stehly-3-1-2017
4-March 8 2017 Ordinance Mtg-Glen Lowrie-3-2-2017
5-Proposed Wind Ordinance for Davison County-Doug Hansen-3-4-2017
6-Wind Energy-Mike and Mavis Anderson-3-5-2017
7-Sec 3 11 Wind Energy Systems-Harvey Kelley-3-6-2017
8-Planning and Zoning Board Meeting Mar 8 2017-Jerry Scott-3-6-2017
      8-The Davison County Planning and Zoning
9-Wind Energy Message-Adrian Laurendeau-3-6-2017
10-Wind Ordinance for Davison County-Dan Koupal-3-7-2017
11-Wind Energy Ordinance-Harvey Kelley-3-8-2017
12-Response to Harvey Kelley 3-9-2017
      12-5280” Setback View
13-Wind Energy Message-Denise Stehly-3-11-2017
    13-160517-Packet-2
14-Wind Towers in Davison County-John O’Connell-3-13-2017

15-Proposed wind ordinance for Davison County-Lance Koth-3-14-2017
16-Wind Energy Ordinance-Harvey Kelley-3-4-2017
17-Response to Harvey Kelley 3-15-2017
18-Wind Turbines-Peter Licht-3-17-2017
19-Wind Setbacks to My House-Jerry Scott-3-31-2017
20-HF2170-MN Legislature-Gene Stehly-4-3-2017
21-HF2170-MN Legislature-Glen Lowrie-4-3-2017
22-Wind Energy Ordinance-Davison County-Holly Hanson-4-3-2017

     22-Swanson Correspondence-4-3-2017
23-Response to Bathke-Ken Stach-4-3-2017
24-Doug Hanson-Information for Wind Energy Ordinance for Davison County-4-3-2017
25-David Shelton-Davison County Wind Tower-4-3-2017
     25-02_17_17_AJ_Swanson_Correspondence
     25-02_21_17_Winnie_Peterson_Manhattan_Institute
     25-02_27_17_Jean_Riley_Cost_of_Green_Energy
     25-03_19_17_Winnie_Peterson_MN_State_Legislature
     25-03_28_17_Cindy_Thomas_Turbine_Noise
     25-Full-Report-True-Cost-of-Wind1  
     25-Lincoln Ord_ No____Section 12_02(C)(2)_11-16-16
     25-wind recommendations
26-Travis Krumvieda-Windtower ordinance-4-3-2017
27-Terry Nutter-Proposed Wind Ordinance for Davison County-4-3-2017
28-Brad & Peg Greenway-Comments from Greenways on Proposed Ordinance-4-4-2017
     28-Brad & Peg Greenway-Comments-Greenways-Proposed Ordinance-Attachment-4-4-2017
29-Lisa Leuning-Wind Energy-4-4-2017
30-Wind Energy-Harvey Kelley-4-7-2017
31-Ganje Email-Article-3-28-2017
32-Sherry Nebelsick-Proposed wind farms-4-27-2017
33-Doug & Holly Hansen-Proposed changes to Davison County Ordinance-4-27-2017
34-Doug & Holly Hansen-Proposed changes to Davison County Ordinance-5-1-2017
35-Response to Doug & Holly Hansen-Proposed changes to Davison County Ordinance-5-2-2017
36-Doug & Holly Hansen Response-Proposed changes to Davison County Ordinance-5-2-2017
37-Doug Hansen-Set-Back is Concrete-5-2-2017
37-Argus Leader Article-My Voice-Xcel‘s wind zone endangers citizens-3-24-2017
38-Wind Energy Ordinance-Harvey Kelley-5-2-2017
39-Response to Harvey Kelley-5-3-2017
40-Proposed Changes to Davison County Ordinance-Ken Stach-5-3-2017
41-NASA, MIT et. al. infrasound report on wind turbines plus other info-Jerry Scott-5-4-2017
41-1987-Proposed-Metric-Assessing-Potential-Annoyance-NREL-Kelley-searchable-copy
42-The truth about wind energy-Greg Hubner-5-10-2017
43-An important read for your wind energy education-Greg Hubner-5-14-2017
43-Next Era soaks up billions
43-Secret Silent Wind Power Peril

The majority of the conversation at the hearings revolve around the Wind Energy Systems. To give you an idea of setbacks from a residential structure, the following maps have been developed:

1,000′ Setback View
1,320′ Setback View
1,500′ Setback View
2,640′ Setback View
5.280′ Setback View

There have also been several articles, letters to the editor, etc. published over the last few years that we have saved. To view, click on the link below:

1-Daily Republic Letter to the Editor-Forum of Fargo-Moorhead-4-24-2014
2-Daily Republic Article-Project Beethoven-Avon-10-21-2014
3-Daily Republic Article-Feds move to speed Upper Great Plains Wind Projects-4-23-2015
4-Daily Republic Letter to the Editor-Rob Johnson-6-1-2015
5-Daily Republic Article-SD Produces a lot from wind without mandates-6-2-2015
6-Daily Republic Letter to the Editor-Marcia Hubner-Avon Project-6-5-2015
7-Daily Republic Letter to the Editor-Gregg Hubner-Avon Project-6-6-2015
8-Daily Republic Letter to the Editor-Marsha Hubner-Avon Project-7-10-2015
9-Daily Republic Article-ConEdison Campbell County Project-7-13-2015
10-Daily Republic Letter to the Editor-Gregg Hubner-Avon Project-2-13-2016
11-Daily Republic Letter to the Editor-Ronnie Hornstra-Avon Project-2-26-2016
12-Daily Republic Article-SD Electricity Usage by Wind Energy Systems-2-26-2016
13-Daily Republic Letter to the Editor-Brad Greenway-5-2-2016
14-Daily Republic Letter to the Editor-Ken Stach-5-7-2016
15-Daily Republic Article-Letcher Township Ordinance-6-9-2016
16-Daily Republic Article-Avon Project-8-24-2016
17-Daily Republic Article-3 blocked projects-9-12-2016
18-Daily Republic Article on P&Z Meeting-3-6-17
19-Daily Republic Article-2nd Public Hearing-3-7-2017
20-Daily Republic Article-2nd Public Hearing-3-8-2017
21-Daily Republic Letter to the Editor-Ed VanGerpen-Avon Project-3-18-2017
22-Ganje Article-3-28-2017
23-Daily Republic Article-ConEdison PUC Meeting 4-3-2017
24-Daily Republic Article-1000 foot setback-4-5-2017
25-Property values surge in Michigan counties with wind energy-4-7-2017
26-Daily Republic Letter to Editor-Joel Keierleber-What way the wind blows-4-15-2017
27-Daily Republic Letter to the Editor-Erik Johnson-4-24-2017
28-Daily Republic Letter to the Editor-Ed VanGerpen-Making a Fast Buck in the Wind-4-29-2017
29-Argus Leader Article-My Voice-Xcel‘s wind zone endangers citizens-3-24-2017
30-Argus Leader Article-Poll Lincoln County Supports Wind Energy-5-1-2017
31-Argus Leader Article-Lincoln County Wind Vote Could Spark Referendum-5-2-2017
32-Daily Republic Article-Davison County Wind Setback Tabled Indefinitely 5-2-2017
33-Daily Republic View-Local Board acted valiantly, but tough questions remain 5-3-2017
34-Daily Republic Opinion-Wind Energy creates opportunity for SD 5-4-2017
35-Daily Republic Letter to the Editor-Erik Johnson-Check out These Numbers-5-18-2017

Yearly Report can be found @ 2016 Yearly Report 

Want to learn more about technology in Mitchell? Click on https://www.youtube.com/watch?v=3ywH3WrzBk0

Meeting Times/Dates Notes

NOTE: The Planning Commission will meet the first Tuesday of the month @ 1:15 PM during the months of December-March and the first Tuesday of the month @ 7:00 PM April-November.

NOTE: The Drainage Board will meet the third Tuesday of the month @ 7:00 PM year round.


Planning & Zoning

planning-zoning-bathke-logo

The goal of the Planning and Zoning Office is to promote residential development in an orderly fashion and to conserve agricultural land. The Planning & Zoning Office issues building permits and 911 Addresses, as well as assists property owners with plats, conditional use permits, and variances.

Davison County adopted a comprehensive plan in 1999, which can be found @ Davison County Comprehensive Plan (1999). The Comprehensive Plan is currently being updated. If you have suggestions for the future of Davison County, please contact our office.

Davison County adopted a temporary Zoning Ordinance on April 29, 1996; with a permanent Ordinance adopted on April 1, 1998. The Ordinance has since been amended on March 7, 2000, October 24, 2000, December 14, 2004, November 15, 2005, April 1, 2008, January 16, 2009, August 14, 2009, and most recently on May 11, 2010.

Each time any property in the county is rezoned, or the Davison County Zoning Ordinance is in need of a revision, the ordinance and Zoning Map is amended. The ordinance is currently being updated for another revision, with an anticipated completion date in the fall of 2016. If you would like to review the changes, click on the link above. Most are formatting changes, but the new ordinance will also include a nuisance property section. If any resident has suggestions for the new ordinance, please let us know via the email above.

The Zoning Ordinance explains the different zoning districts, as well as the permitted principal uses and structures, permitted accessory uses and structures, conditional uses, and prohibited uses and structures for each district.

Applicants desiring to rezone property must complete the Rezoning Application. Zoning inside the Mitchell city limits, as well as the Extraterritorial Jurisdiction District one mile outside the Mitchell city limits shown on the Zoning Map, is administrated by the Mitchell City Planner. Therefore, all building permits, conditional use permits, and variances for this area are administrated by the City of Mitchell. You can contact the Mitchell City Planner @ (605) 995-8433.

Permitted principal uses and structures, and permitted accessory uses and structures will require a Building Permit Application prior to construction.

Fees for building permits vary for the different types of construction, so please reference the Fee Schedule or contact the Planning & Zoning Administration office for the appropriate fee. An accessory use or structure can only be added after a principle use or structure is constructed on the property.

All requests for conditional uses or structures must complete a Conditional Use Application to be heard by the Planning Commission and the Board of Adjustment. All prohibited uses and structures for each district are those not listed as permitted principle, permitted accessory, or conditional uses. However, a classification of unlisted uses is available on the basis of similarity, for the approval of a conditional use.

Please see the Fee Schedule or contact the Planning & Zoning Administration office for the appropriate fee. Be sure to review the Planning & Zoning Deadlines-2017 & 2018 to be sure your application is received in time to be published. A list of past building permits are below.

All projects requiring building permits must begin the applicable project within 180 days from the date of the building permit. Failure to do so will render the building permit void and require the property owner to start over with the building permit process and pay the applicable fees.

If the project has been started within the 180 days, but at the end of two (2) years the project is not substantially completed, said permit shall expire and be canceled by the Zoning Administrator with notice that further work as described in the canceled permit shall not proceed unless, and until, a new building permit is obtained. An extension can be requested for special circumstances.

Any structure that does not meet the minimum size or distance requirements will require a Variance Application, which will need to be heard by the Planning Commission and the Board of Adjustment. Please see the Fee Schedule or contact the Planning & Zoning Administration office for the appropriate fee. Be sure to review the Planning & Zoning Deadlines-2017 & 2018 to be sure your application is received in time to be published.

The Planning Commission will make a recommendation to the County Commissioners, acting as the Board of Adjustment, on all Conditional Use and Variance  Applications. The Board of Adjustmentwill make the final decision at the regularly scheduled County Commissioners meeting the Tuesday after the Planning Commission Meeting. The Board of Adjustment will make the final decision at the regularly scheduled County Commissioners meeting the Tuesday after the Planning Commission Meeting. The Planning Commission will make a recommendation directly to the County Commissioners on all Appeals, Amendment or Change in Zoning, Plats, Comprehensive Plans, and Tax Increment Financing Districts. TIFD Guidelines can be accessed @ Davison County TID Guidelines-8-24-16. Please see the current Planning Commission Agenda for the date and time of the next meetings.

The past Planning Commission Minutes and Board of Adjustment Minutes are also available for your review. Be sure to review the Planning & Zoning Deadlines-2017 & 2018 to be sure your application is received in time to be published.

The 911 Rural Addressing Ordinance was adopted on July 1, 2008; in an effort to maintain the integrity of the established E-911 Addressing system. The system was designed to allow more accurate and timely response of emergency services to life threatening situations.

For a new development, the Developer may make suggestions as to possible names for the road. However, the purpose of the road name review is to maintain the integrity of the established system. Therefore, not all requests may be in the best interest of Emergency Management and may not be approved. Road Name requests will consider name duplication and similarity, which may hinder Emergency Services dispatched.

A Road Name Permission Slip must also be completed and approved by the Local Emergency Planning Commission. For roads already named, applicants must complete the 911 Rural Addressing Application to receive an address. It is important to note basic utilities are not able to be run to the property until a 911 Address has been established.

The Planning & Zoning Administrator will determine the address. Once an address is assigned, a 911 Address sign will be created for the property.   Please see the Fee Schedule or contact the Planning & Zoning Administration office for the appropriate sign and installation fees.

The 911 address Sign & Post Placement shall be located within 10 feet of the driveway and within 1.5 feet of the right-of-way line or fence, on the right hand side of the driveway. The delineator post shall be driven into the ground at least 2.5 feet, with the sign at least 4 feet above ground level.

For small developments effort will be made to also have all addresses on the road sign post at the main entrance to the development.   If you are installing a new driveway, you will need to complete the Approach Application; which will need to be taken to the County Highway Shop on West 5th Street along with a $25 fee. Please read the application close to review what the process and costs are. If you live on a township road, contact your Township Board Members to see if they cover the costs.

The Davison County Plat Procedure explains the process of developing a plat; which is a map, or representation on paper of a piece of land subdivided into lots, parcels, tracts or blocks, including streets, commons, and public grounds, if any, all drawn to scale.

The original document must be drawn on a mylar type material. Every addition or subdivision within Davison County shall be uniquely named, in accordance with Section 1215 of the Davison County Zoning Ordinance.

All new plats will require an Agricultural Use Covenant Running with the Land which is an agreement between parties that adjacent land may be subjected to conditions resulting from agricultural operations. This agreement, once executed, runs with the land and cannot be separated from the land. The Planning and Zoning office can help provide you with the necessary Agricultural Covenant papers.

If the parcel is within the Mitchell city limits, or within the designated 3 mile area from the corporate limits, the Mitchell City Planning Commission must first approve the plat. Refer to the Mitchell City Planning Office for further details @ (605) 995-8433.The Mitchell City Planning Office is located inside City Hall.

For plats inside the 3 mile area from the corporate limits, once approved by the city, it will also need to be approved by the Davison County Planning Commission. Plats outside the designated 3 mile area are only required to be approved by the County Planning Commission and the County Commissioners. The plat shall be presented to the Planning and Zoning Administrator for consideration before the Planning & Zoning Deadlines-2017 & 2018. Please see the Fee Schedule or contact the Planning & Zoning Administration office for the appropriate plat consideration fee.

The County Commissioners will not approve the plat without the signature of the County Treasurer; who certifies that taxes, special assessments and advanced taxes are paid in full for the current year and any past years for the entire parcel being platted.

Be sure to review the Planning & Zoning Deadlines-2017 & 2018 to be sure your application is received in time to be put on the Agenda.


Documents Related to Planning & Zoning: Get Adobe

 Past Building Permits, by taxable year:

 Drainage

drainage-bathke-logoThe originally Davison County Drainage Ordinance was adopted on July 1, 1987 in accordance with SDCL 46A-10A. The ordinance has since been revised, with an effective date of September 24, 2013; and can be found @ Davison County Drainage Ordinance.

The ordinance is intended to provide the basic guidance needed by the county Drainage Commission in carrying out drainage responsibilities. It is further intended to provide a framework for landowners for Davison County by which to plan and execute drainage activities which could affect not only their own land, but that of others as well.

For your convenience, a Drainage Flow Chart was created to assist in understanding the new ordinance. The Davison County Commissioners, under Chapter 46A-10A-2 established a Davison County Drainage Commission on October 25, 2011. The Drainage Commission is comprised of two voting County Commissioners and five residents of the county from various locations and backgrounds.

A Drainage Permit Application (Appendix A&B) must be completed prior to any work being started. Upon completion, any new drainage system must be registered with the Register of Deeds, in an effort to protect the landowner’s rights for future drainage repairs. The results of the application will determine if the project can be administratively approved, or if the project will require a drainage permit approved by the Davison County Drainage Commission. They will act on all drainage applications and complaints that are presented for action.

For protection of all past drainage systems rights, all land owners were given the opportunity to apply for Vested Drainage Rights prior to 1992. Decisions made by the Drainage Commission cannot be appealed to the County Commissioners, but are rather appealed to Circuit Court. Please see the Fee Schedule or contact the Planning & Zoning Administration office for the appropriate fee. Be sure to review the Drainage Deadlines 2017 & 2018 to be sure your application is received in time to be placed on the Agenda.   The current Drainage Commission Agenda and the recent past Drainage Commission Minutes are available for your review.

During the 1920’s and 1930’s there were twelve County Drainage Systems designed by the State Engineer, after the county was petitioned to form a Drainage District. However, not all were constructed and several have experienced natural and man-made changes over the last century. Those that were actually constructed were assessed back to the property owners who benefited from the project and are on file with the Planning and Zoning Administrator, who also serves as the Drainage Administrator.

Today, residents can see an open ditch on their property. However, most residents are not aware of the buried drainage tile projects that exist on their property; which could result in damage to the drainage system upon any excavation in the area. A PDF of the Drainage Systems are listed below, by Township. The red line will indicate an open ditch or a buried drain tile in the Drainage System.

Documents Related to Drainage: 

Flood Plain

flood-bathke-logoThe purpose of the Flood Damage Prevention Ordinance 2010 is to promote public health, safety, and general welfare; and to minimize public and private losses due to flood conditions in specific areas.

 

 

The provisions are designed to:

  • Protect Human life and health;
  • Minimize expenditure of public money for costly flood control projects;
  • Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
  • Minimize prolonged business interruptions;
  • Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets, and bridges located in flood plains;
  • Help maintain a stable tax base by providing for the sound use and development of flood prone Areas in such a manner as to minimize future flood blight areas; and
  • Insure that potential buyers are notified that property is in a flood area.

The Davison County Flood Plain Authority is the county/city limit line. Some areas of the county have been mapped, while others have not. The Planning & Zoning Administration Office can assist you with an aerial view of the property using the Geographic Information System (GIS), or the property owner can access the system @ http://ims.districtiii.org/davison_zoning. Click on Davison County, then click on the link under Planning and Zoning.

A property owner can build in a flood plain, but will need to complete the Floodplain Development Permit Application, to include a flood proof plan. The property can also be built up with fill and the soil compacted to rise above the flood plain. The GIS system will also show elevation. A map amendment can also be completed, in an effort to remove property from the flood plain, as the last FEMA mapping expanded the floodplain area into land which was not in the floodplain in the past.

Documents Related to Flood Plain:

Geographic Information System (GIS)

graphical-gis-bathke-logoThe Geographic Information System (GIS) integrates hardware, software, and data for capturing, managing, analyzing, and displaying all forms of geographically referenced information.

GIS allows the user to view, understand, question, interpret, and visualize data in many ways that reveal relationships, patterns, and trends in the form of maps, globes, reports, and charts.

You can access the Geographic Information System @ http://ims.districtiii.org/davison/

For a detailed explanation of the system, review GIS Directions-Website Version for Citizens.


Contact Us

emailDAVISON COUNTY COURTHOUSE
200 E 4TH AVENUE MITCHELL, SD 57301
Phone: (605) 995-8615 or (605) 995-8640

Email: jeffb@davisoncounty.org or markj@davisoncounty.org

Leave a Reply