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Buffalo County revokes dog‑boarding permit, approves subdivision and rooftop solar setback rules
Summary
At its Sept. 12 meeting the Buffalo County Board of Commissioners revoked a dog‑boarding special use permit after a zoning report found compliance failures, approved the “Cherry Valley” administrative subdivision and adopted rooftop setback rules for roof‑attached solar systems. The board also approved a telecommunications project.
The Buffalo County Board of Commissioners on Sept. 12 voted 5–2 to revoke a previously issued special use permit authorizing a dog‑boarding facility on tax parcel 380081010 after the county’s zoning administrator reported multiple compliance problems. The board also approved an administrative subdivision called “Cherry Valley,” adopted amended rooftop setback rules for roof‑attached solar energy systems and approved a Trileaf telecommunication project.
The board opened a public hearing on the dog‑boarding permit after the county’s zoning administrator reported that inspections found construction activity that had not been permitted, failure to commence the standalone kennel within the 120‑day timeline required by the permit, use of a non‑permitted addition to house dogs, and evidence of a new pond located in the property’s floodplain. Zoning Administrator Dennise Daniels presented the inspection findings and recommended action; resident Michael Rost testified in opposition and Jessica Morten spoke in favor of keeping the permit. The board voted to revoke Special Use Permit #2022‑080 by roll call (Aye: Higgins, Kouba, Lynch, Loeffelholz and Klein; Nay: Maendele and Morrow). The board adopted Resolution 2022‑49A to cancel the permit and ordered the resolution filed against the property.
The board also held and closed a public hearing on an administrative subdivision application filed by licensed land surveyor Trenton Snow on behalf of Daniel L. and Karen S. Saathoff. The board found the proposed plat for “Cherry Valley” met the county’s subdivision resolution requirements and approved Resolution 2023‑45 authorizing recordation of the plat.
On code amendments, the board opened a public hearing and adopted changes to Section 3.3156 of the Buffalo County Zoning Regulations (Resolution 2023‑46) to create subcategories and set rooftop setback requirements for roof‑attached solar energy systems. The residential standard requires a minimum 3‑foot clear space from side edges, hips and ridges and limits the vertical clearance of the system above the roof to 24 inches; the amendment includes a separate definition for nonresidential roof‑attached systems. No parties appeared in opposition during the hearing.
Zoning Administrator Dennise Daniels also presented the Trileaf Corporation proposed telecommunication project #731659, located in part of the Southeast Quarter of Section 17, Township 9 North, Range 18 West. Following discussion the board approved the project.
The zoning items were decided by recorded roll call votes; the board’s written resolutions document the procedural history and the factual findings the board relied on for the permit revocation and other approvals. The board scheduled no further action on these items other than recordation of resolutions and plats.
