Fillmore County Proposed Zoning Ordinance Amendments

At the December 21 meeting of the Planning Commission, public hearings were held on proposed language changes to Rural Home Based Business, Section 734 and to Subsurface Sewage Treatment System (SSTS) Ordinance, Section 802.
The proposed language change to Section 734 will remove the Crop Equivalency Rating (CER). The CER soil requirement had previously been removed for new dwellings in the Ag District. This cleanup of the language in Section 734 will just make the language consistent for soils. It will likewise not allow rural based businesses on a building site in any portion of the floodplains.
There were no comments from the public. The amendment will now go before the county board for their consideration.
Land use director Blake Lea addressed the proposed change to the SSTS Ordinance, Section 802, Compliance Inspection Program. The code for SSTS was updated by the state in 2008. Soil verifications were not made for septic systems installed prior to the 2008. Lea explained that contractors have at times had conflicting answers related to soils.
The proposed language to be added to Section 802 reads: “A soil verification shall be required for existing systems where soils have not previously been verified by two independent parties, which may be licensed inspection businesses and/or a qualified employee inspector with jurisdiction.” Lea said the added language should put everyone on an even playing field.
There were no comments from the public. The commission voted unanimously to send this amendment to the county board for its consideration.
Proposed Ordinance
Amendments
Two additional ordinance amendments were discussed. Fillmore County adopted revised FEMA floodplain maps in 2019. At that time Fillmore County also adopted an amendment to the county’s ordinance which was a model floodplain ordinance provided by FEMA. Before this amendment was adopted the county’s ordinance did not allow the construction of new dwellings in any portion of the floodplain.
The amendment proposed will add language to 610.04 Requirements for all Floodplain Districts. The amendment will not allow the construction of any new dwellings in the Ag District within any portion of the 100-year floodplain (floodway or flood fringe).
The commission will bring this proposed amendment to public hearing on January 18.
An amendment is also proposed to 404.01 Application Procedure (for Zoning Permits). This amendment will remove language that states an application is not complete until the applicant provides a township permit or documentation which certifies approval by the township.
Lea said the county is responsible for the county ordinances. County Attorney Brett Corson agrees the deletion of the language is appropriate.
Five townships (Chatfield, Forestville, Jordan, Spring Valley and Sumner) have ordinances that are more restrictive than the county ordinance. Townships can only be more restrictive than the county, not less.
Enforcement of more restrictive township ordinances is up to the townships. The county just enforces its own rules. Lea said the townships will still have their own zoning regulations, but the county will no longer be in the middle of it.
The commission will also bring this proposed amendment to public hearing at the January 18 meeting.
Board of Adjustment
Jerry Rutgers, Reliable Contractors LLC, explained a recent survey showed different boundaries than Beacon for the Grebin Properties, LLC parcel (new location of Farm Service Agency) in Preston Township. The contractor constructed an addition to building last summer, expecting it was about 18 feet from the property line.
With the new survey boundaries, the addition to the building is just 7.5 feet from the side yard. The required setback from the side yard is 10 feet.
There were no comments from the public. The board approved the 2.5-foot variance.