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Commission expands "major utility facilities" definition so Board of Adjustment may review large projects
Summary
The commission unanimously amended Article 3 to define "Major Utility Facilities" (including generating plants, substations and utility-scale lines), enabling the Board of Adjustment to consider some such projects as conditional uses. Commissioners clarified the change applies to new proposals under the current ordinance.
The Dickinson County Planning and Zoning Commission voted 4-0 to amend Article 3 (Definitions) to clarify and expand what the county considers "Major Utility Facilities." The definition listed generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and utility-scale overhead transmission lines.
Zoning Administrator Megan Kardell told the commission that including this language in the definitions allows the Board of Adjustment to consider conditional-use review for such facilities. Commissioner Erica Schultes asked how the change would affect the ordinance and whether the amendment could be applied retroactively; Kardell said the amendment governs new proposals from this point forward and would not be applied retroactively to existing facilities.
Schultes moved to adopt the definition changes and Nancy Menke seconded. Commissioners voted unanimously to approve the amendment. The change gives the Board of Adjustment clearer authority to require conditional-use review for major utility projects that may have significant impacts on surrounding uses.
