Lawrence County Unincorporated
City Zoning Code

CHAPTER 10

ADDITIONAL USE REGULATIONS

§ II-10.001 SMALL AND LARGE WIND ENERGY SYSTEMS.

(A) Purpose.

(1) To oversee the permitting of wind energy systems (WES) for the purpose of protecting and providing for the public health, safety, and general welfare of the county; to allow for the orderly development of land; and to preserve and protect aesthetic conditions within the county. This section does not repeal, abrogate, annul, impair, or interfere with any existing ordinance.

(2) Ornamental wind devices that are not a WES shall be exempt from the provisions of this section.

(B) Federal and state requirements. All WES facilities shall meet or exceed standards and regulations of the Federal Aviation Administration and state statutes and any other agency of federal or state government with the authority to regulate WES facilities.

(1) Upon the filing of any application for a SWES conditional use permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required.

(2) The conditional use permit fee does not apply to a SWES located in the A-1 - General Agriculture District on property of 40 acres or more. This fee will be a building permit fee only and will be based on the project costs in the engineered plans and the current building permit fee adopted.

(3) Upon the filing of any application for a LWES, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. If the application includes one additional unit there will be an additional charge of $100, if there are more than two units, or the units are over a total system height of 120 feet, there will be an additional $1,000 fee for each unit included in the application. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required.

(D) District regulations.

(1) A SWES shall be an allowed conditional use in the A-2 - Residential Agriculture, RR - Rural Residential, PF - Park Forest, SRD - Suburban Residential, RC - Recreation Commercial, GC - General Commercial, HSC - Highway Service-Commercial, C/LI - Commercial/Light Industrial, and I-1 - General Industry Zoning Districts. A building permit is also required, and shall be issued only after the conditional use permit is approved by the County Commission.

(2) In the A-1 - General Agriculture District, a SWES is an allowed special use provided the SWES meets the requirements of divisions (E) and (G) below, is sited on at least 40 acres, and can be authorized by the Planning and Zoning Department with the issuance of a building permit.

(3) A LWES shall be an allowed conditional use in the A-1 - General Agriculture, A-2 - Residential Agriculture, RR - Rural Residential, PF - Park Forest, RC - Recreation Commercial, GC - General Commercial, HSC - Highway Service-Commercial, C/LI - Commercial/Light Industrial, and I-1 - General Industry Zoning Districts. A building permit is also required, and shall be issued only after the conditional use permit is approved by the County Commission.

(4) In the SRD - Suburban Residential District, a LWES is prohibited.

(5) Meteorological towers shall be an allowed conditional use in A-1 - General Agriculture, A-2 - Residential Agriculture, RR - Rural Residential, PF - Park Forest, SRD - Suburban Residential, RC - Recreation Commercial, GC - General Commercial, HSC - Highway Service-Commercial, C/LI - Commercial/Light Industrial, and I-1 - General Industry Zoning Districts.

Zoning District	Meteorological Tower	Large WES	Small WES	Minimum Parcel Size Required to Apply (Acres)
A-1	CUP	CUP	No CUP needed if you can meet all requirements of a LWES. Administrator may issue a building permit.	40
A-2	CUP	CUP	CUP	10
C/LI	CUP	CUP	CUP	*No minimum parcel size
GC	CUP	CUP	CUP	*No minimum parcel size
HSC	CUP	CUP	CUP	*No minimum parcel size
I-1	CUP	CUP	CUP	*No minimum parcel size
PF	CUP	CUP	CUP	5
RC	CUP	CUP	CUP	5
RR	CUP	CUP	CUP	5
SRD	CUP	Prohibited	CUP	5

(E) General standards for review.

(1) Structure. A WES must be of monopole construction to the extent practicable. If monopole construction is not practicable, a wind tower must be of freestanding construction to the extent practicable.

(2) Spacing and density. A WES must be separated from every other system, to include those on adjacent properties by a sufficient distance so that it does not interfere with another system.

(3) Clearance. The vertical distance from ground level to the tip of the wind turbine blade when the blade is at its lowest point must be at least 25 feet.

(4) Access. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access, and the tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet aboveground.

(5) Electrical wires. All electrical wires associated with a WES, other than wires necessary to connect the wind turbine to its base and to overhead collection lines, must be located underground.

(6) Code compliance. All WES must comply with all applicable state and federal codes and regulations.

(7) Lighting. All WES may not be artificially lighted unless such lighting is required by the Federal Aviation Administration. If lighting is required, the lighting must comply with the FAA minimum requirements and, whenever possible, be at the lowest intensity allowed, avoid the use of strobe or other intermittent white lights, and use steady red lights. If more than one lighting alternative is available, the alternative that causes the least visual disturbance must be used.

(8) Appearance, color, and finish. The exterior surface of any visible components of a WES must be a nonreflective or matte, white, grey, or another neutral color. Wind towers and turbines that are located within one mile of each other on a participating property must be of uniform design, including tower type, color, number of blades, and direction of blade rotation.

(9) Signs. No wind turbine, tower, building, or other structure associated with a WES may be used to advertise or promote any product or service. No word or graphic representation, other than appropriate warning signs and owner or landowner identification, may be placed on a wind turbine, tower, building, or other structure associated with a WES so as to be visible from any public road.

(10) Noise. WES facilities shall not exceed 50 dBA, as measured at any point on the property adjacent to the parcel on which the WES is located.

(11) Flicker or shadow flicker. The effect that results when the shadow cast by the rotating blade of a wind energy system moves across a fixed point. The owner of a WES must take such reasonable steps as are necessary to prevent, mitigate, and eliminate shadow flicker on any occupied structure on a nonparticipating property.

(12) Federal Aviation Administration. All WES shall comply with FAA standards and permits.

(13) Interference. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any WES. The applicant shall notify all communication tower operators within two miles of the proposed WES location upon application to the county for permits. No WES shall be constructed so as to interfere with county or State Department of Transportation microwave transmissions.

(14) Utility notification. No WES shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.

(15) Compatibility with permitted land uses. The applicant must demonstrate that the proposed use is compatible with the permitted land uses in a given zoning district and that the external effects of the use in relation to the existing and planned uses of adjoining property and neighborhood can be mitigated through imposition of standards and conditions.

(F) Small wind energy systems.

(1) Standards for review. Setbacks are as follows.

(a) SWES shall not be located closer than one and one-tenth times the system height from all lot lines, public road rights-of-way, all utilities easements or lines, and all private easements.

(b) All SWES shall be at least 300 feet from any public park.

(2) Abandonment of small wind energy systems.

(a) A small wind energy system that is out of service for a continuous 12-month period will be deemed to have been abandoned and the Administrator may issue a notice of abandonment to the owner. If, within 30 days of receipt of a notice of abandonment, the owner provides the Administrator with written information showing that the system has not been abandoned, the Administrator will withdraw the notice.

(b) An owner shall provide the Administrator with a written notice of termination of operations if the operation of a wind energy system is terminated. Such notice shall be provided within 30 days of system operation termination.

(c) 1. A small wind energy system must be removed within three months of the mailing date of the notice of abandonment unless the Administrator withdraws the notice, or within six months of providing notice of termination of operations. The notice of abandonment shall be mailed by certified mail to the address of the property owner as listed by Director of Equalization records. The owner shall remove all:

a. Wind turbines, aboveground improvements, and outdoor storage;

b. Foundations, pads, and underground electrical wires and reclaim the site to a depth of four feet below the surface of the ground; and

c. Hazardous material from the property and dispose of the hazardous material in accordance with federal and state law.

2. If the owner fails to remove a small wind energy system and reclaim the site, the county may remove or cause the removal of the system and the reclamation of the site.

(G) Large wind energy systems.

(1) Standards for review.

(a) Setbacks.

1. A LWES shall not be closer than 1,000 feet or one and one-tenth times the system height, whichever is greater, from any occupied off-site residence, business, and public building. For the purposes of this section only, the term business does not include agricultural uses.

2. LWES shall not be located closer than 500 feet or one and one-tenth times the system height, whichever is greater, from all lot lines, public road rights-of-way, all utilities easements or lines, and all private easements.

(b) Footprint minimization. The permittee shall design and construct the LWES so as to minimize the amount of land that is impacted by the LWES. Associated facilities in the vicinity of turbines such as electrical/electronic boxes, transformers, and monitoring systems shall, to the extent practicable, be mounted on the foundations used for turbine towers or inside the towers unless otherwise allowed by the landowner on whose property the LWES is constructed.

(c) Site clearance. The permittee shall disturb or clear the site only to the extent necessary to assure suitable access for construction, safe operation, and maintenance of the LWES.

(d) Topsoil protection. The permittee shall implement measures to protect and segregate topsoil from subsoil in cultivated lands unless otherwise negotiated with the affected landowner.

(e) Compaction. The permittee shall implement measures to minimize compaction of all lands during all phases of the projects life and shall confine compaction to as small an area as practicable.

(f) Livestock protection. The permittee shall take precautions to protect livestock on the LWES site from project operations during all phases of the project’s life.

(g) Fences. The permittee shall promptly replace or repair all fences and gates removed or damaged by project operations during all phases of the project’s life unless otherwise negotiated by the fence owner.

(h) Public roads.

1. Prior to commencement of construction, the permittee shall identify all state, county, or township haul roads that will be used for the LWES project and shall notify the state, county, or township governing body having jurisdiction over the roads to determine if the haul roads identified are acceptable. The governmental body shall be given adequate time to inspect the haul roads prior to use of these haul roads. Where practicable, existing roadways shall be used for all activities associated with the LWES. Where practicable, all weather roads shall be used to deliver concrete, turbines, towers, assemble nacelles, and all other heavy components to and from the turbine sites.

2. The permittee shall, prior to the use of approved haul roads, make satisfactory arrangements with the appropriate state, county, or township governmental body having jurisdiction over approved haul roads for construction of the LWES for the maintenance and repair of the haul roads that will be subject to extra wear and tear due to transportation of equipment and LWES components. The permittee shall notify the Planning and Zoning Department of such arrangements.

(i) Turbine access roads. Construction of turbine access roads shall be minimized and shall be approved by the County Highway Department.

(j) Private roads. The permittee shall promptly repair private roads or lanes damaged when moving equipment or when obtaining access to the site, unless otherwise negotiated with the affected landowner.

(k) Control of dust. The permittees shall utilize all reasonable measures and practices of construction to control dust during construction.

(l) Soil erosion and sediment control plan. The permittees shall develop a soil erosion and sediment control plan prior to construction and submit the plan to the County Zoning Office. The soil erosion and sediment control plan shall address the erosion control measures for each project phase, and shall at a minimum identify: plans for grading, construction, and drainage of roads and turbine pads; necessary soil information; detailed design features to maintain downstream water quality; a comprehensive revegetation plan that uses native plant species to maintain and ensure adequate erosion control and slope stability and to restore the site after temporary project activities; and measures to minimize the area of surface disturbance. Other practices shall include containing excavated material, protecting exposed soil, stabilizing restored material, and removal of silt fences or barriers when the area is stabilized. The plan shall identify methods for disposal or storage of excavated material.

(m) Feeder lines. The permittee shall place overhead electric lines, known as feeders, on public rights-of-way if a public right-of-way exists or immediately adjacent to the public right-of-way on private property. Changes in routes may be made as long as feeders remain on public rights-of-way or immediately adjacent to the public right-of-way on private property and approval has been obtained from the governmental unit responsible for the affected right-of-way. If no public right-of-way exists, the permittee may place feeders on private property. When placing feeders on private property, the permittee shall place the feeder in accordance with the easement(s) negotiated. The permittee shall submit the site plan and engineering drawings for the feeder lines to the Board before commencing construction.

(n) Site plan information. Site plan information that may be required in addition to what is listed in division (H) below:

1. Boundaries of the site proposed for LWES and associated facilities on United States Geological Survey Map or other map as appropriate;

2. Map of easements for LWES;

3. Map of occupied residential structures, businesses, and public buildings within one-half mile of the proposed LWES site boundaries;

4. Preliminary map of sites for LWES, access roads, and utility lines. Location of other LWES within five miles of the proposed LWES site;

5. Project-specific environmental and cultural concerns (e.g., native habitat, rare species, and migratory routes). This information shall be provided in the application and obtained by consulting with the following agencies:

a. State Department of Game, Fish, and Parks;

b. U.S. Fish and Wildlife Service;

c. Bureau of Land Management;

d. United States Forest Service; and

e. State Historical Society.

6. Project schedule;

7. Mitigation measures; and

8. Status of interconnection studies/agreements.

(2) Decommissioning of large wind energy systems.

(a) Cost responsibility. The owner or operator of a LWES is responsible for decommissioning that facility and for all costs associated with decommissioning that facility and associated facilities. The decommissioning plan shall clearly identify the responsible party.

(b) Useful life. A LWES is presumed to be at the end of its useful life if the facility generates no electricity for a continuous period of 12 months. The presumption may be rebutted by submitting to the County Commission for approval of a plan outlining the steps and schedule for returning the LWES to service within 12 months of the submission.

(c) Decommissioning period. The facility owner or operator shall begin decommissioning a LWES facility within eight months after the time the facility or turbine reaches the end of its useful life, as determined in division (G)(2)(b) above. Decommissioning must be completed within 18 months after the facility or turbine reaches the end of its useful life.

(d) Decommissioning requirements. Decommissioning and site restoration includes: dismantling and removal of all towers, turbine generators, transformers, overhead and underground cables, foundations, buildings, and ancillary equipment to a depth of 42 inches; and removal of surface road material and restoration of the roads and turbine sites to substantially the same physical condition that existed immediately before construction of the LWES. To the extent possible, the site must be restored and reclaimed to the topography and topsoil quality that existed just prior to the beginning of the construction of the commercial wind energy conversion facility or wind turbine. Disturbed earth must be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas be retained.

(e) Decommissioning plan. Prior to a building permit being issued of a LWES facility, the facility owner or operator shall file with the County Commission the estimated decommissioning cost per turbine, in current dollars at the time of the application, for the proposed facility and a decommissioning plan that describes how the facility owner will ensure that resources are available to pay for decommissioning the facility at the appropriate time. The County Commission shall review a plan filed under this section and shall approve or disapprove the plan within six months after the decommissioning plan was filed. The County Commission may, at any time, require the owner or operator of a LWES to file a report describing how the LWES owner or operator is fulfilling this obligation.

(f) Financial assurance. The County Commission shall require a performance bond, surety bond, letter of credit, corporate guarantee, or other form of financial assurance that is acceptable to the County Commission to cover the anticipated costs of decommissioning the LWES.

(g) Failure to decommission. If the LWES owner or operator does not complete decommissioning, the County Commission may take such action as may be necessary to complete decommissioning, including requiring forfeiture of the bond. The entry into a participating landowner agreement shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that the County Commission may take such action as may be necessary to decommission a LWES and seek additional expenditures necessary to do so from the facility owner.

(h) Pre-construction filing. At least 45 days prior to commencement of construction, the applicant/permittee shall submit final maps depicting the approximate location of the proposed wind turbines, access roads, and collector and feeder lines. Upon completion, the applicant shall also supply an as-built ALTA survey indicating that the proposed facilities are in compliance with the setbacks in the permit.

(H) Conditional use permit application process. Application for a SWES and a LWES conditional use shall conform to Chapter 19 of this zoning title and be made in writing upon forms furnished by the County Planning and Zoning Department. At a minimum, the following complete information shall be provided before an application is considered:

(1) The name, address, and phone number of the project applicant;

(2) The name, address, and phone number of the project owner;

(3) The legal description and address of the project;

(4) A description of the project including:

(a) Number of units;

(b) Type of unit;

(d) Tower height;

(e) Rotor diameter;

(f) Lighting;

(g) Blade length;

(h) Manufacturer and model;

(i) Total height of all wind turbines; and

(j) Means of interconnecting with the electrical grid.

(5) Tower blueprints or drawings and foundation blueprints or drawings;

(6) Scale diagram showing proposed location of aboveground and underground electrical wiring, access routes, landscaping, and fencing;

(7) Statement describing any hazardous materials that will be used on the property and how those materials will be sorted;

(8) Documentation of land ownership or legal control of the property;

(9) Global positioning system (GPS) coordinates of proposed WES;

(10) A U.S.G.S. topographical map, or map with similar data, of the property and surrounding area, including any other WES within ten rotor diameters of the proposed WES;

(11) An acoustical analysis, when deemed necessary by the Planning and Zoning Board or County Commission;

(12) FAA permit application, if applicable;

(13) Description of potential impacts on nearby WES and wind resources on adjacent properties;

(14) Certification that each WES shall be installed in compliance with manufacturer’s specifications, along with a copy of the manufacturers specifications;

(15) Location of any aboveground utility lines within or adjacent to the property;

(16) Proposed ingress and egress; and

(17) Other such data and information deemed necessary by the County Planning Department.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 1)

§ II-10.002 EXTRACTION OF MATERIAL AND MINERALS, OPEN PITS, AND IMPOUNDING.

All of the following hereafter established or enlarged shall conform to the rules of the State Department of Water Environment and Natural Resources:

(A) Excavations;

(B) Extraction of materials and minerals;

(D) Impounding of waters.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 2; Ord. 16-03, passed 7-21-2017)

§ II-10.003 HOME OCCUPATIONS.

A HOME OCCUPATION is a gainful occupation or profession conducted by a member of the immediate family residing on the premises and no more than two additional employees in all zoning districts. The home occupation shall be conducted entirely within an enclosed structure and no stock in trade shall be displayed outside the enclosed structure. Other than an approved home occupation sign, no alteration to the property or any structure thereon shall indicate that it is being utilized in whole or in part for any purpose other than residential use.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 3)

§ II-10.004 MOBILE AND MANUFACTURED HOME PARKS.

(A) Mobile home park permitted. A mobile home park may be permitted only in a SRD - Suburban Residential District subject to the issuance of a conditional use permit and compliance with division (B) below.

(B) Placement of mobile home parks. To handle the placement of mobile homes within the county, not on permanent foundations, a mobile home park may be established.

(1) A mobile home park shall contain not less than 5,400 square feet of lot area for each space provided on the site. The space ratio shall not include public or private road rights-of-way or recreational areas.

(2) When applying for a conditional use permit, there shall be provided five copies of a development plan, to include a comprehensive plot plan drawn to scale and a narrative, complete in detail, addressing each of the following.

(a) Common recreation space shall be provided at the rate of 400 square feet of space for each mobile home site, but in no case shall the common recreation space be less than 10,000 square feet.

(b) Legal access shall be provided to the mobile home park from a public road or highway; however, in no case shall a public right-of-way dissect a mobile home park.

(c) All access and interior roads shall be designed by a registered professional engineer. The driving surface of all access and interior roads shall be, at a minimum, 24 feet in width and shall be constructed with an adequate base and surfaces with chip and seal, or better, in compliance with approved plans and specifications. Dead-end roads are prohibited, but cul-de-sacs may be allowed. All cul-de-sacs shall normally not be longer than 500 feet and shall include provisions for adequate vehicular turning space.

(d) A perimeter yard of 15 feet shall be provided along the outside boundary lines of each mobile home park. The perimeter yard shall be landscaped with screen planting, as approved by the Planning Commission, and permanently maintained as a greenbelt.

(e) Provisions for trash and garbage removal shall be provided.

(f) Utility service connections shall be provided. Consideration shall be given to the installation of underground utilities.

(g) Provisions for the lighting of roadways, driveways, and pedestrian walks shall be provided.

(h) Water systems shall be designed by a registered professional engineer and constructed in conformance with the requirements of Chapter 9 of this zoning title and §§ I-6.010 and I-6.011 of this code.

(i) The location of drainage ways and special flood hazard areas shall be shown. Provisions for adequate stormwater drainage shall be designed by a registered professional engineer. Special flood hazard areas as indicated on the county’s Flood Hazard Boundary Map H-01-48 (Community No. 460094-A) shall be used only for recreational and open space areas not requiring a closed building.

(j) 1. Wastewater facilities shall not be individual on-site wastewater systems.

2. Public wastewater facilities shall be encouraged; however, when a public wastewater system is not available, a small or central on-site wastewater system, serving all units in the mobile home park, may be allowed provided it is designed by a registered professional engineer and constructed in conformance with the requirements of Chapter 9 of this zoning title and §§ I-6.010 and I-6.011 of this code.

(k) A fire protection plan shall be provided in conformance with Title I of this code.

(l) All parking shall conform to Chapter 7 of this zoning title.

(m) Permanent markers shall be installed on all corners of each mobile home space, at least 20 feet from the centerline of any interior road, and located outside of the required perimeter yard. Front, side, and rear setbacks shall be, at a minimum, ten feet, measured from the permanent markers of the mobile home space.

(n) Each mobile home park shall be permitted one community sign in compliance with Chapter 8 of this zoning title.

(o) All parks shall meet the regulations of Title I of this code.

(p) The developer shall present a time frame for development. All required improvements and facilities shall be installed, as approved in the development plan, prior to occupancy of the mobile home spaces.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 4)

§ II-10.005 ADULT ORIENTED BUSINESSES.

(A) General. In the development and execution of these regulations, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

(B) Setbacks.

(1) None of the following permitted uses may be established, operated, or maintained within 1,000 feet of a residential dwelling, a residential district, a church, a school meeting all the requirements of the Compulsory Education Laws of the state, or a public park, as measured from the closest point of the property lines:

(a) Adult bookstore;

(b) Adult theater;

(d) Adult cabaret;

(e) Adult motel;

(f) Nude model studio;

(g) Adult video store;

(h) Adult novelty store;

(i) Escort agencies;

(j) Any use which has as a part of its operation adult entertainment or amusement including, but not limited to, a restaurant or eating place, a bar, lounge, or tavern; and

(k) Any use intended to provide adult amusement or entertainment.

(2) No more than one adult use may be established, operated, or maintained within 2,500 feet of another adult use as measured from the closest point of the outside wall of the building or tenant space.

(3) The 1,000-foot restriction provided for in division (B)(1) above may be waived and a conditional use permit issued upon proper application if the county finds that:

(a) The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these regulations will be observed;

(b) The proposed use will not enlarge or encourage the development of a skid row area; and

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 5)

§ II-10.006 CONCENTRATED ANIMAL FEEDING OPERATION.

(A) Intent.

(1) Adoption of this section is intended to comply with the County Comprehensive Plan, adopted in 1998 and as amended in 2005, wherein it was recommended that the county create regulations to protect potentially conflicting and neighboring land uses from undesirable impacts related to larger scale animal containment and feedlot operations while at the same time balancing the interests of agricultural producers by providing a mechanism by which agricultural uses are preserved and allows for reasonable expansion in such operations.

(2) It is not the intent of the county to regulate a typical farm/ranch operation. A typical FARM/RANCH OPERATION, as defined herein, is a cow/calf or yearling operation based on grazing of rangeland or tame grass pastures with supplemental feeding needed for five to seven months out of every year. This operation may require confinement of livestock in non-vegetated lots/open lots for calving and weaning operations for more than 45 days.

(3) An adequate supply of healthy livestock, poultry, and other animals is essential to the well-being of county citizens and the state. However, livestock, poultry, and other animals produce manure, which may, where improperly stored, transported, or disposed, negatively affect the county’s environment. Animal manure must be controlled where it may add to air, surface water, groundwater, or land pollution. The following regulations have been adopted to provide protection against pollution caused by manure from domesticated animals. All new and proposed expansions of concentrated feeding operations shall comply with the regulations as outlined herein.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL MANURE. Poultry, livestock, or other animal excreta or mixture of excreta with feed, bedding, or other materials.

ANIMAL UNIT. Number of animals necessary to obtain a weight of 1,000 pounds constitutes one ANIMAL UNIT.

APPLICANT. An individual, a corporation, a group of individuals, partnership, joint venture, owners, or any other business entity having charge or control of one or more concentrated animal feeding operations.

AQUIFER. A geologic formation, group of formations, or part of a formation capable of storing and yielding groundwater to wells or springs.

BEST MANAGEMENT PRACTICES (BMP). Schedules of activities, prohibitions of practice, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge, manure disposal, manure application, waste or manure stockpiles, or drainage from raw material storage.

BYPASS. The intentional diversion of waste streams from any portion of a treatment facility.

COMMON OWNERSHIP. Single, corporate, cooperative, or other joint operation or venture.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). A lot, yard, corral, building, or other area where animals have been, are, or will be stabled or confined for a total of 45 days or more during any 12-month period, and where crops, vegetation, forage growth, or post harvest residues are not sustained over a portion of the lot or facility. Two or more animal feeding operations under common ownership are single animal operations if they adjoin each other, or if they use a common area, or if they use a common area or system for disposal of manure. A typical farm/ranch operation does not constitute a CAFO, see definition of a “typical farm/ranch operation”.

DOMESTIC ANIMAL. Any animal that, through long association with humans, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind. For the purpose of this section, the definition shall include, but is not limited to, animals commonly raised on farms and ranches such as cattle, horses, hogs, sheep, and mules.

EARTHEN MANURE STORAGE BASIN. An earthen cavity, either covered or uncovered, which, on a regular basis, receives waste discharges from a confinement feeding operation if accumulated wastes from the basin are removed at least once each year.

FEEDLOT OPERATOR. An individual, a corporation, a group of individuals, partnership, joint venture, owners, or any other business entity having charge or control of one or more concentrated animal feeding operations.

FORMED MANURE STORAGE STRUCTURE. A structure, either covered or uncovered, used to store manure from a confinement feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials.

HOUSED LOT. Totally roofed buildings that may be open or completely enclosed on the sides. Animals are housed over solid concrete or dirt floors, slotted floors over pits or manure collection areas in pens, stalls, or cages. HOUSED LOT is synonymous with other industry terms such as slotted floor buildings.

HUMAN-MADE. A pipeline, ditch, drain, tile, terrace, irrigation system, machine, or other object that carries manure, wastewater, or runoff into waters of the state.

LETTER OF ASSURANCE. A list of conditions signed by the applicant for a permit acknowledging agreement to follow the conditions of the permit.

MANURE MANAGEMENT SYSTEM. Any piping, containment structures, and disposal appurtenances associated with the collection, storage, treatment, and disposal of manure or wastewater at a concentrated animal feeding operation.

NON-FARM DWELLING. Any occupied dwelling, which is not a farm dwelling.

NO-TILL CROPLAND. Land which is subject to a conservation farming practice: where the soil is left undisturbed from harvest to planting; where planting or drilling is done in a narrow seedbed or slot created by coulters, row cleaners, disk openers, or in-row chisel; and where this conservation practice has been ongoing for at least four consecutive years to establish the soil characteristics necessary to reduce or eliminate erosion from runoff.

OPEN LOT. Pens or similar confinement areas with dirt, or concrete (or paved or hard) surfaces. Animals are exposed to the outside environment except for possible small portions affording some protection by windbreaks or small shed type shade areas. OPEN LOT is synonymous with other industry terms such as pasture lot, dirt lot, or dry lot.

PROCESS GENERATED WASTEWATER. Water directly or indirectly used in the operation of an animal feeding operation. The term includes: spillage or overflow from watering systems; water and manure collected while washing, cleaning, or flushing pens, barns, manure pits, or other areas; water and manure collected during direct contact swimming, washing, or spray cooling of animals; and water used in dust control.

PROCESS WASTEWATER. Any process generated wastewater and any precipitation (rain or snow) that comes into contact with the animals, manure, litter, or bedding, feed, or other portions of the animal feeding operation. The term includes runoff from an open lot.

PRODUCER. The owner or operator of the concentrated livestock feeding operation.

SEDIMENT BASIN. A basin constructed to trap and store waterborne sediment and debris.

SIGNIFICANT CONTRIBUTOR OF POLLUTION. To determine if a feedlot meets this definition, the following factors are considered:

(a) Size of feeding operation and amount of manure reaching waters of the state;

(b) Location of the feeding operation in relation to waters of the state;

(d) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal manure and process wastewater into waters of the state.

TYPICAL FARM/RANCH OPERATION. Involves a cow/calf or yearling operation or equivalent based on grazing of rangeland or tame grass pastures with supplemental feeding needed for five to seven months out of every year. This operation may require confinement of livestock in non-vegetated lots/open lots for calving and weaning operations for more than 45 days.

UNAUTHORIZED RELEASES. The discharge of water from the lower end of the treatment or containment system through a release structure or over or through retention dikes. An UNAUTHORIZED RELEASE is distinguished from a bypass in that a bypass discharges wastewater prior to any treatment or containment.

WATERS OF THE STATE. All waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state.

(C) Concentrated feeding operation conditional use permit requirements. Any person who owns, operates, or proposes to operate a CAFO, as defined within these regulations, shall be required to obtain a conditional use permit (CUP) whenever any of the following occur:

(1) When a new CAFO is proposed where one does not exist;

(2) When an expansion is proposed beyond what a current CUP is permitted for;

(3) When an existing CAFO is to be restocked after being idle for five or more years; and

(4) When a change in ownership or transfer of control.

(D) Animal units and number of animals to define types of permits. Animal feeding operations listed in the table below shall need a conditional use permit.

Type of Animal Feeding Operation1	Animal Numbers Equal to or Greater Than:	Animal Units
Cattle other than mature dairy cows2 (1,000 pounds)	1,000	1.0
Chickens (regular waste handling)	5,000	0.008
Dairy cows (mature - milked or dry)	700	1.43
Ducks (regular waste handling)	5,000	0.0333
Ducks (with liquid manure system)	5,000	0.2
Geese	5,000	0.0333
Horses	500	2.0
Laying hens (regular waste handling)	5,000	0.122
Laying hens or broilers (liquid manure system)	5,000	0.0333
Sheep or lambs	10,000	0.1
Swine (weighing less than 55 pounds)	10,000	0.1
Swine (weighing more than 55 pounds)	2,500	0.4
Turkeys	5,000	0.0182
Veal calves	1,000	0.2
Table notes: 1: Other animal types not listed in the table may be considered on a case by case basis. 2: Cattle includes, but is not limited to, heifers, steers, bulls, and cow/calf pairs.

(E) Standards for review. Standards for review are as follows:

(1) Nutrient management plan shall be required to meet all State Department of Environment and Natural Resources regulations. Assistance on development of a nutrient management plan may be obtained from the State Department of Environment and Natural Resources and NRCS. The State Department of Environment and Natural Resources and the county encourage producers to develop a nutrient management plan for phosphorous;

(2) Concentrated animal feeding operations shall dispose of dead animals, waste, and wastewater in such a manner as to control odors and flies. A management plan is required for submission of a permit. The County Zoning Commission will review the need for control measures on a site specific basis, taking into consideration prevailing wind direction and topography. The following procedures to control flies and odors shall be considered in a management control plan:

(a) Methods to be utilized to dispose of dead animals shall be included in the management plan;

(b) Plant trees and shrubs to reduce wind movement of odors away from buildings, manure storage ponds, and/or lagoons;

(c) Provide adequate slope and drainage to remove surface water from pens and keep pen area dry so odor production is minimized;

(d) Store solid manure in containment areas having good drainage to minimize odor production; and

(e) Consider use of BMPs on open storage systems for liquid manure to control odor production.

(3) CAFOs shall adhere to the County Invasive Species Management Plan;

(4) The operator shall be responsible for any and all damage done to any roads, culverts, and/or bridges by the operation (i.e., delivery of feed, silage chopping, or manure disposal), and shall be required to reimburse the county for such damage;

(5) All standards set out in Chapter 19 of this zoning title;

(6) The County Commission may request information relating to a concentrated animal feeding operation not contained in these regulations;

(7) The County Commission may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which the County Commission considers necessary to protect the public health, safety, and welfare;

(8) When considering an application, the County Commission will take into consideration current and past violations relating to concentrated animal feeding operations that the applicant has an interest in;

(9) The permit holder shall provide and at all times maintain general liability insurance in the amount of at least $1,000,000. Proof of such insurance must be received prior to the permit carrier and must be provided annually during the operation of such CAFO. The insurance carrier shall be required to provide the county with notice of insurance and with a notice of cancellation or change in coverage. Failure to maintain such insurance shall be grounds for cancellation of the conditional use permit;

(10) Permit applicants will be required to file a letter of assurances as required by the County Commission. The letter of assurances will be prepared by the administrative official and signed by both the applicant and the administrative official;

(11) The permit holder shall notify the county in writing in the event of closure of the animal confinement operation; and

(12) Required setbacks for concentrated animal feeding operations are as follows in the table below:

Minimum Setbacks1	CAFO
100-year floodplain/designated aquifer	Prohibited
Dwellings other than owner of facility (all animals, except swine)	1,320’
Dwellings other than the owner of the facility (swine)	10,560’
Federal, state, county, and township ROW	150’
Municipal schools, business districts, cemeteries, and public use areas	5,280’
Municipalities-incorporated and unincorporated	5,280’
Private well2	150’
Private wells other than the owner of the property2	250’
Property line that defines a change of ownership boundary	150’
Public water supply	1,000’
Table notes: 1: An exception to the setback requirements may be granted to the extent an operator can demonstrate that deviation from them allows for the protection of neighboring land uses from the undesirable impacts of a CAFO. 2: If the well is at a higher elevation than the location of the proposed CAFO, no setbacks shall apply. If the well is at the same, or lower, elevation than the location of the proposed CAFO, all setbacks shall apply.

(F) Application process for a concentrated animal feeding operation conditional use permit. Application for a concentrated animal feeding operation conditional use permit shall be made in writing upon forms furnished by the County Planning Department. At a minimum, the following complete information shall be provided before an application is considered:

(1) Owner’s, manager’s, management company’s, or similar entity’s name, address, and telephone number;

(2) Legal description of site;

(3) The number and type of animals to be housed by the proposal;

(4) Fly and odor control plan;

(5) Methods to be utilized for the disposal of dead animals;

(6) A site plan including all existing and proposed buildings and the area to be used for the CAFO showing applicants ability to meet designated setback requirements;

(7) Nutrient management plan based on all State DENR regulations;

(8) Information on the types of soils, possible shallow aquifers, wellhead protection areas, and/or 100-year floodplain designation at or within one-half mile of the proposed site;

(9) Designated wetland areas, as identified by NRCS;

(10) Information on whether or not the applicant has ever violated a CAFO, CUP, or other permit in the county, other counties in the state, or the United States;

(11) Any other information deemed appropriate by the County Planning Department, the Planning and Zoning Board, or the County Commission;

(12) General permits from the State Department of Environment and Natural Resources if available for animal species;

(13) Notification of whoever maintains the access road (township, county, and state); and

(14) Notification of public water supply officials.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 6)

§ II-10.007 TEMPORARY USE PERMITS.

(A) General. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature to constitute a permanent use. These requirements are not intended to regulate temporary use on public property, including public rights-of-way.

(B) Permit required. No person shall operate a temporary use without first obtaining a permit from the County Planning Department or County Commission as prescribed in this section. The County Planning Department may determine that a hearing shall be held due to the scope of the proposed use; if such occurs the temporary use permit shall be referred to the County Commission for a public hearing.

(1) Submission deadline for all temporary use permit applications shall be made to the County Planning Department at least 45 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.

(2) All temporary use permit plans shall be subject to an approval and shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended for use, the time period for which the use is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.

(D) Fees. Upon the filing of any application for a temporary use permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. The fee may be waived, as deemed appropriate by the administrative official or County Commission, for a charitable or nonprofit organization or similar entity. Permittee may be required to pay a deposit, in an amount as deemed appropriate by the county, which shall serve as security ensuring compliance with the terms and conditions of this permit requiring that the property is cleaned up and returned to its pre-event condition. Permittee will be billed for the actual labor, materials, and other costs associated and/or incurred by the county to return the property to its pre-event condition in the event the county, at its sole discretion, deems it necessary to do so. Permittee and landowner (if different), upon approval of the permit, expressly grant to the county a right-of-entry to access the property for purposes of inspection and cleanup thereby returning the property to its pre-event condition and further agree that any costs and/or expenses incurred by the county in excess of the deposit may be taxed to the property as a lien. Such deposit, or part remaining thereof, will be refunded to permittee upon demonstration of compliance with the terms of this permit.

(E) Procedure.

(1) The Planning Department shall review the completed temporary use application for compliance with this title. Any application not containing and/or addressing all the information shall be rejected and returned to the applicant together with the reasons for rejection.

(2) The Planning and Zoning Department shall be vested with the authority to approve said temporary use, to approve, approve with conditions, or deny the temporary use within 30 days of receiving the application. If the action is to deny the temporary use, the reasons for such action shall be in written format and specific reference shall be made to the requirements not met. The decision of the Planning and Zoning Department may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.

(F) Considerations. The following standards shall be used in determining the suitability and compatibility of a temporary use:

(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare;

(2) The temporary use will not create hazardous traffic conditions or result in traffic excess of the capacity of the roads serving the use;

(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking;

(4) Adequate sanitation facilities will be available on-site;

(5) The time period and hours of operation for the temporary use are clearly specified;

(6) Provision is made for the removal, cleanup, and restoration of site;

(7) The temporary use will not adversely impact the natural environment;

(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property;

(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code; and

(10) The applicant shall meet all insurance requirements, pay all applicable fees, and execute the release and hold harmless agreement.

(G) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must clearly be specified in writing on the temporary use permit.

(H) Exemptions. The following uses shall not require a temporary use permit:

(1) Estate or real estate sales involving the property or items from the property where the sale is held;

(2) Garage, yard, or rummage sales provided:

(a) Sales last no longer than three days;

(b) Sales are held no more than twice yearly; and

(3) Weddings, purely social parties, or similar events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 7)

§ II-10.008 AUTOMOBILE WRECKING AND JUNKYARD.

(A) Setback.

(1) No such operations shall be permitted closer than 100 feet from any road right-of-way.

(2) No such operation shall be permitted closer than 50 feet from any property line.

(3) No such operation shall be permitted closer than 500 feet from any established residential district.

(B) Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed security fence. Screening by fence or natural planting may be required and shall be at least two feet higher than any stock pile. Storage between the street and such fence or wall is expressly prohibited. Any fence or wall erected shall be within the buildable area of the lot and shall be properly painted or otherwise maintained in good condition.

(D) Signage. Signs as regulated in Chapter 8 of this zoning title.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 11)

§ II-10.009 CEMETERIES.

(A) The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

(B) All other structures including, but not limited to, mausoleums, permanent monuments, or maintenance buildings shall be set back not less than 25 feet from any property line or street right-of-way line.

(D) All known graves, burial lots, or cemeteries shall be identified and shown on any plat.

(E) All known graves, burial lots, or cemeteries shall be identified and shown on any building permit site plan.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 12)

§ II-10.010 TEMPORARY SECOND RESIDENCES.

(A) A TEMPORARY SECOND RESIDENCE is a home that is located on the same lot as the primary dwelling and shall not be rented to anyone excepting a person(s) approved under a(CUP) conditional use permit or (TUP) temporary use permit and shall not be sold as a separate lot. A temporary second residence(CUP) conditional use permit or (TUP) temporary use permit is only allowed under three specific scenarios:

(1) A temporary second residence may be allowed for a medical hardship as a CUP in the appropriate zoning districts, if the following conditions can be met:

(a) Must have at least 40 acres;

(b) Only allowed one additional residence and must currently have only one residence on the property;

(d) Sufficient proof of medical hardship shall be provided to the Planning and Zoning Department; and

(e) The person that is obtaining hardship must be listed specifically in the conditions of the CUP.

(2) A temporary second residence may be allowed for a hired hand as a CUP in the appropriate zoning districts, if the following conditions can be met:

(a) Must have at least 160 acres;

(b) Only allowed one additional residence and must currently have only one residence on property;

(d) Sufficient proof of hired hand employment shall be provided to the Planning and Zoning Department; and

(e) The person that is obtaining hired hand housing must be listed specifically in the conditions of the CUP.

(3) A temporary second residence may be allowed for a person(s) for the purpose of building a new home on an existing lot while still living in the existing home in appropriate zoning districts, if the following conditions can be met:

(a) Must be a compliant lot within the existing zoning district;

(b) Only allowed one additional residence and must currently have only one residence on property;

(d) Review will be done every six months until such time the original conditions have been met by the Planning and Zoning Department;

(e) Issuance of a temporary use permit by the County Commissioners;

(f) Bonding may be required to ensure that removal of original dwelling is completed within the specified time limits, and in a manner consistent with the approved plan.

(B) Prior to the issuance of a building permit for a temporary second residence, the applicant shall record a deed restriction stating the regulations applicable to the temporary second residence.

(C) If the County Planning Director finds that at any time that the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Director shall report this fact to the permittee, landowner, and/or operator, and the County Commission. The County Commission may, after conducting a public hearing, of which the permittee, landowner, and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions, or requirements of the permit. (See § II-19.013 or II-10.007.)

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 13; Ord. 24-03, passed 4-9-2024)

§ II-10.011 AGRICULTURAL TOURISM PERMIT.

(A) Intent. This permit shall provide for special uses which help to promote and maintain local agricultural tourism operations located along the Lower/Upper Valley areas near the city limits of Spearfish. (See Ag Tourism Overlay District.)

(B) Permit required. No person shall operate an agricultural tourism business without first obtaining a permit from the County Planning and Zoning Department or County Commission. The County Planning Department may determine that a hearing shall be held due to the scope of the proposed use; if such occurs the seasonal use permit shall be referred to the County Commission for a public hearing.

(1) Submission deadline for all agricultural tourism seasonal permit applications shall be made to the County Planning Department at least 45 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.

(2) All agricultural tourism seasonal permit plans shall be subject to an approval and shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended for use, the time period for which the use is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.

(3) All applications shall be on forms furnished by the County Planning and Zoning Department.

(D) Fees. Upon the filing of any application for an agricultural tourism seasonal permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the application required.

(E) Standard conditions.

(1) Bathroom facilities if required by county;

(2) Parking:

(a) A parking plan must be submitted for approval by the Planning Director;

(b) Parking facilities may be located on a grass or gravel area for seasonal uses such as produce stands, U-pick operations, and agricultural mazes. All parking areas shall be defined by either gravel, cut lawn, sand, or other visible markings; and

(c) All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.

(3) All signs must meet § II-8.004.

(F) Specific conditions.

(1) Produce stands.

(a) All produce stands shall be under 400 square feet;

(b) All produce stands have to be utilized for direct marketing of farm products grown on-site;

(c) All produce stands may sell in-season fruits and vegetables grown on the farm or from local/regional growers. Locally made products such as honey, jams, jellies, or related bakery items may also be sold; and

(d) The produce stand shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the produce stand shall cease.

(2) Seasonal U-pick. Seasonal U-pick fruits and vegetables operations are allowed. The U-pick operation shall remain secondary to the principal use of the property as a residential site and a site for agricultural production. If the residential use or agricultural production on the site ceases, the U-pick or orchard operation shall cease.

(3) Seasonal outdoor mazes. Seasonal outdoor mazes of agricultural origin such as straw bales or corn are allowed. The outdoor maze shall remain secondary to the principal use of the property for agricultural production. If the agricultural production on the site ceases, the outdoor maze operation shall cease.

(4) Special events or private parties. All special events or private parties shall have a separate temporary use permit according to § II-10.007.

(G) Procedure.

(1) The Planning Department shall review the completed agricultural tourism seasonal permit application for compliance with this title. Any application not containing and/or addressing all information shall be rejected and returned to the applicant together with the reasons for rejection.

(2) The Planning and Zoning Department shall be vested with the authority to approve said seasonal permit, to approve, approve with conditions, or deny the agricultural tourism seasonal permit within 30 days of receiving the application. If the action is to deny the agricultural tourism seasonal permit, the reasons for such action shall be in written format and specific reference shall be made to the requirements not met. The decision of the Planning and Zoning Department may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.

(H) Considerations. The following standards shall be used in determining the suitability and compatibility of a seasonal use.

(1) The seasonal use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.

(2) The seasonal use will not create hazardous traffic conditions or result in traffic excess of the capacity of the roads serving the use.

(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking.

(4) Adequate sanitation facilities will be available on-site.

(5) The time period and hours of operation for the seasonal use are clearly specified.

(6) Provision is made for the removal, clean-up, and restoration of site.

(7) The seasonal use will not adversely impact the natural environment.

(8) The site is suitable for the proposed seasonal use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property.

(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code.

(10) The applicant shall meet all insurance requirements, pay all applicable fees, and execute the release and hold harmless agreement.

(I) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents, and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must clearly be specified in writing on the temporary use permit.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 14)

§ II-10.012 GUESTHOUSES.

(A) Intent. The intent is to establish regulations for living space in a detached accessory buildings in order to protect the residential character of the neighborhoods in which they are located and to ensure adequate infrastructure is in place or will be provided to service the additional living space. A guesthouse is intended to provide short-term accommodations for visiting guests of the owners of the primary dwelling units that are located in specified zoning districts. Specific regulations regarding the size and location of the guesthouse have been established so as to assist the guesthouse in appearing accessory to the main dwelling unit.

(B) Standard conditions. An accessory guesthouse shall be permitted in A-1 - General Agriculture, A-2 - Residential Agriculture, PF - Park Forest, RR - Rural Residential, and SRD - Suburban Residential Districts upon the issuance of an allowed special use permit and is subject to the following standards.

(1) Only one guesthouse shall be allowed on a lot and/or parcel.

(2) The minimum lot size requirement for the construction of an accessory guesthouse shall be three acres.

(3) The maximum allowed living space of a guesthouse shall not exceed 50% of the living space in the main dwelling unit or 1,000 square feet, whichever is less. Enclosed decks attached to the guesthouse shall be included in the calculation for the overall square footage, but decking and garage space shall not.

(4) The guesthouse shall use the same driveway approach as the primary dwelling.

(5) A single-wide mobile home shall not be allowed as a guesthouse.

(6) The guesthouse shall be the same architectural design and construction as the primary residence.

(7) The rental or lease of a guesthouse or the use of a guesthouse as a permanent residence for a second family on the premises shall be prohibited. The guesthouse shall not be occupied for more than 180 days per calendar year.

(8) All utility services including water, sewer, electricity, and gas for the guesthouse shall be extended from the primary dwelling unit’s services and shall have the same street address as the primary residence. No separate meters for the guesthouse shall be allowed, unless required by the utility service provider, in which case a written notice shall be required.

(9) A guesthouse shall use the same on-site wastewater disposal system as the primary dwelling, except when a separate system is required by a registered professional engineer due to site constraints.

(10) Prior to the issuance of a building permit for a guesthouse, or for use of an existing structure as a guesthouse, the applicant shall record a deed restriction stating the regulations applicable to the guesthouse, including that the guesthouse shall not be separately rented or leased from the main residence.

(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 15; Ord. 19-01, passed 4-9-2019)

§ II-10.013 CANNABIS DISPENSARIES.

(A) Maximum number of cannabis dispensaries.

(1) In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in anyone area.

(2) The county shall allow one cannabis dispensary provided the time, place, and manner of said dispensary comply with this chapter.

(B) Required separation distances.

(1) Must be located at least 1,000 feet from a single-family dwelling. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which medical cannabis establishment is conducted or proposed to be conducted), to the property line of the single-family dwelling.

(2) Must be located at least 1,000 feet from a public or private school. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the public or private school.

(3) Must be located at least 1,000 feet from a church. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the church.

(4) Must be located at least 1,000 feet from a public service facility. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the public service facility.

(5) Must be located at least 1,000 feet from a park. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the park.

(6) Must be located at least 1,000 feet from another medical cannabis establishment. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which each of the medical cannabis establishments are conducted or proposed to be conducted.

(7) Exemption from separation requirements. Any separation distance requirement, other than the state requirement from schools (l,000 feet), may be waived, provided: The applicant provides documentation waiving the setback requirement from the title holder of the land benefitting from the separation.

(8) Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.

(1) Permanent or temporary dispensaries are prohibited in all other zoning districts and are not eligible for home occupation use.

(2) It shall be unlawful to operate a dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.

(D) Controlled access. No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment.

(E) Hours of operation. Cannabis dispensaries are allowed to be open between the hours of 8:00 a.m. and 10:00 p.m. seven days of the week.

(F) Documentation of state licensure. No cannabis dispensary shall acquire, possess, store, deliver, transfer, transport, supply or dispense cannabis, cannabis products, paraphernalia without providing documentation of licensure from the State of South Dakota.

(G) The zoning official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:

(1) Submission of a site plan containing the following:

(a) Any information required for applicable building permit;

(b) Ingress and egress plan;

(d) Lighting plan (including security lighting);

(e) Screening/security fencing plan;

(f) Refuse plan;

(g) Hours of operation; and

(h) Any other information as lawfully may be required by the zoning official to determine compliance with this chapter.

(2) Documentation of ability to meet setback/separation requirements.

(3) Documentation of state licensure.

(H) All cannabis establishments are required to be constructed in conformance with the International Building Code and International Fire Codes adopted by the county.

(Ord. 21-04, passed 9-7-2021)

§ II-10.014 NON-ALCOHOLIC BEVERAGE AND FOOD STAND PERMIT.

(A) Intent. This permit shall provide for a special use for small non-alcoholic beverage and food stands, which are often a transitional use on underdeveloped sites, or additions to sites that are already developed, but have available space.

(B) Permit required. No person shall operate a small non-alcoholic beverage and/or food stands without first obtaining a permit from the County Planning and Zoning Department or County Commission. The County Planning Department may determine that a hearing shall be held due to the scope of the proposed use; if such occurs the non-alcoholic beverage and food stand permit shall be referred to the County Commission for a public hearing.

(1) Submission deadline for all non-alcoholic beverage and/or food stands permit applications shall be made to the County Planning Department at least 45 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.

(2) All non-alcoholic beverage and/or food stands plans shall be subject to an approval and shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended for use, the time period for which the use is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.

(3) All applications shall be on forms furnished by the County Planning and Zoning Department.

(D) Fees. Upon the filing of any application for a non-alcoholic beverage and/or food stands permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the application required.

(E) Standard conditions.

(1) Drive-up stacking. Stands with drive-up windows require three, 18 foot-long queuing spaces per window. Fewer spaces may be approved; provided that a plan is submitted that shows the site has sufficient overflow areas so that traffic will not block streets, sidewalks, or parking lot circulation aisles.

(2) Bathroom facilities if required by county;

(3) Parking:

(a) A parking plan must be submitted for approval by the Planning Director;

(b) All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.

(4) All signs must meet § II-8.004.

(5) Paving. Gravel parking and maneuvering areas may be approved, if it provides an adequate all-weather surface. Dust shall not become a nuisance, and gravel shall not be allowed to track onto sidewalks or streets.

(6) Landscaping. Landscaping is not required unless headlight glare associated with drive-up queuing areas will affect abutting residential uses. In those cases, the responsible official may require screening in the form of shrubs or fencing.

(7) Public Health approval. All coffee and food stands shall comply with county and state Health Department regulations, including the provision of restroom and hand washing facilities for employees and patrons.

(8) Accessibility. Outdoor seating areas and restroom facilities shall comply with ADA requirements.

(9) Performance standards. Failure to mitigate the effect of unpaved parking lots, reduced queuing and landscaping standards, portable signs, or on-street parking may result in the revocation of a permit.

(F) Specific conditions.

(1) Non-alcoholic beverage and food stands that are either parked or placed on a semi-permanent basis may be allowed in highway service commercial zones, subject to the following:

(a) Each stand is limited to 240 square feet;

(b) A maximum of six coffee and/or food stands are allowed per these standards per development site;

(2) Mobile food trucks and carts that are removed from a site at the end of each day or weekend are exempt from the provisions of this section.

(G) Application submittal requirements.

(1) Narrative that describes the existing conditions and proposed project in detail, including hours of operation, types of food and beverages to be prepared and served, whether outdoor seating is proposed, and the provision of:

(a) Restroom facilities;

(b) Water and wastewater;

(d) Plan to mitigate the effects of dust, gravel, glare and queuing overflow as applicable;

(e) Cooking and/or barista facilities; and

(f) Outdoor seating areas, if proposed;

(2) Site plan (11 inches by 17 inches minimum size) drawn to a legible scale to adequately show:

(a) Dimensions of property and right-of-way lines;

(b) The abutting street name, centerline, curb and sidewalk;

(d) The locations and dimensions of the stand(s), outdoor seating areas and restroom facilities;

(e) Proposed location of signs (both permanent and/or temporary);

(f) Scale of plan, and north arrow;

(g) If the parcel is large, the detailed plan can show only the part of the parcel proposed for the stands; provided, that an insert of the entire parcel is also shown with the area of detail shown on the insert; and

(h) Location of any easements;

(5) Copy of current plat and deed to verify property dimensions and check whether any easements exist;

(H) Procedure.

(1) The Planning Department shall review the completed small non-alcoholic beverage and/or food stands permit application for compliance with this title. Any application not containing and/or addressing all information shall be rejected and returned to the applicant together with the reasons for rejection.

(2) The Planning and Zoning Department shall be vested with the authority to approve the small non-alcoholic beverage and/or food stands permit, to approve, approve with conditions, or deny the small non-alcoholic beverage and/or food stands permit within 30 days of receiving the application. If the action is to deny the small non-alcoholic beverage and/or food stands permit, the reasons for such action shall be in written format and specific reference shall be made to the requirements not met. The decision of the Planning and Zoning Department may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.

(I) Considerations. The following standards shall be used in determining the suitability and compatibility of a seasonal use.

(1) The small non-alcoholic beverage and/or food stands location will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.

(2) The small non-alcoholic beverage and/or food stands will not create hazardous traffic conditions or result in traffic excess of the capacity of the roads serving the use.

(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking.

(4) Adequate sanitation facilities will be available on-site.

(5) The time period and hours of operation for the seasonal use are clearly specified.

(6) Provision is made for the removal, clean-up, and restoration of site.

(7) The small non-alcoholic beverage and/or food stands will not adversely impact the natural environment.

(8) The site is suitable for the proposed seasonal use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property.

(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code.

(10) The applicant shall meet all insurance requirements, pay all applicable fees, and execute the release and hold harmless agreement.

(J) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents, and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must clearly be specified in writing on the temporary use permit.

(Ord. 23-03, passed 12-12-2023)

Lawrence County Unincorporated
City Zoning Code

CHAPTER 10

ADDITIONAL USE REGULATIONS

§ II-10.001 SMALL AND LARGE WIND ENERGY SYSTEMS.

(A) Purpose.

(2) Ornamental wind devices that are not a WES shall be exempt from the provisions of this section.

(D) District regulations.

(4) In the SRD - Suburban Residential District, a LWES is prohibited.

Zoning District	Meteorological Tower	Large WES	Small WES	Minimum Parcel Size Required to Apply (Acres)
A-1	CUP	CUP	No CUP needed if you can meet all requirements of a LWES. Administrator may issue a building permit.	40
A-2	CUP	CUP	CUP	10
C/LI	CUP	CUP	CUP	*No minimum parcel size
GC	CUP	CUP	CUP	*No minimum parcel size
HSC	CUP	CUP	CUP	*No minimum parcel size
I-1	CUP	CUP	CUP	*No minimum parcel size
PF	CUP	CUP	CUP	5
RC	CUP	CUP	CUP	5
RR	CUP	CUP	CUP	5
SRD	CUP	Prohibited	CUP	5