Lawrence County Unincorporated
City Zoning Code

CHAPTER 6

DISTRICT REGULATIONS

§ II-6.001 A-1 - GENERAL AGRICULTURE DISTRICT.

(A) General. The intent of the A-1 - General Agriculture District is to provide a district that will: allow suitable areas of the county to be retained in agricultural uses; prevent scattered nonfarm development; and secure the economy in governmental expenditures for public services, utilities, and schools.

(B) Allowed uses. In A-1 - General Agriculture District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, and stick-built homes;

(2) Building eligibility on each quarter-quarter section is determined by the following conditions:

(a) There are no other dwellings on the quarter-quarter section;

(b) Approval has been granted by the appropriate governing entity for access to a public road;

(3) Transportation and utility easements and rights-of-way;

(4) On-premises signs, complying with Chapter 8 of this zoning title;

(5) Accessory uses and structures;

(6) Home occupations;

(7) Daycare, home;

(8) General ranching and farming;

(9) Harvesting;

(10) Forestry;

(11) Forest preserves;

(12) Commercial plant nurseries and greenhouses;

(13) Cemetery in conjunction with II-10.009;

(14) Pet cemetery in conjunction with II-10.009;

(15) Sod and tree farming;

(16) Grazing;

(17) Horticulture, viticulture, floriculture, and apiculture;

(18) Truck gardening;

(19) Roadside stands exclusive for sale of products raised on the premises;

(20) Noncommercial riding stables;

(21) Noncommercial indoor/outdoor arenas;

(22) Wild crop harvesting;

(23) Typical farm/ranch operation;

(24) Personal use mineral and sand, gravel, or rock extractive industry; and

(25) Fire stations.

(C) Allowed special uses. A building or premises may be used for the following purposes in the A-1 - General Agriculture District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title:

(1) A small wind energy system is sited on at least 40 acres and meets the requirements of § II-10.001;

(2) Temporary uses in conjunction with § II-10.007;

(3) Personal use airstrip/heliport is allowed if sited on at least 160 acres and the location of airstrip/heliport is at least 500 feet from the outer perimeter of the 160 acre parcel; and

(4) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the A-1 - General Agriculture District under the provisions of Chapter 19 of this zoning title:

(1) Kennels, grooming, boarding, vet clinics, and animal shelters;

(2) Fairgrounds;

(3) Antennas, microwave and communication towers;

(4) Temporary second residence as per § II-10.010;

(5) Bed and breakfast;

(6) Specialty resort;

(7) Camp, day or youth;

(8) Commercial gun and archery ranges;

(9) Fish hatcheries;

(10) Mineral exploration;

(11) Mineral extraction;

(12) Light manufacturing;

(13) Commercial indoor/outdoor arenas;

(14) Commercial recreation facility;

(15) Commercial sawmill/molding mill;

(16) Campground;

(17) Commercial maintenance shop, welding shop, trucking, drilling, sheet metal;

(18) Microbrewery;

(19) Distiller, artisan;

(20) Airports with FAA regulations;

(21) Commercial feedlots;

(22) Livestock auction yards;

(23) Drilling for oil or natural gas;

(24) Small and large scale sand, gravel, or rock extraction;

(25) Utility substations;

(26) Small and large wind energy system per § II-10.001;

(27) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(28) Restricted use solid waste disposal facility;

(29) Commercial taxidermy;

(30) Retreat centers; and

(31) Cemetery, church adjunctive in conjunction with II-10.009.

(E) Density, setback(s), and lot requirements.

General Requirements
Density/minimum lot size	40 acre(s)*
Front, side, and rear yard(s) setbacks	25’**
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 1 residence per 40 acres. The minimum lot size shall be 40 acres unless it is a preexisting lot of record. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of-way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers, silos).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 1; Ord. 14-03, passed 12-30-2014; Ord. 16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 17-02, passed 9-29-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.002 A-2 - RESIDENTIAL AGRICULTURE DISTRICT.

(A) General. The intent of the A-2 - Residential Agriculture District is to provide a district that will provide a large lot buffer between A-1 - Agriculture Districts and municipal boundaries and/or higher density zonings, while maintaining some agricultural uses and a rural feel.

(B) Allowed uses. In A-2 - Residential Agriculture District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to: modular homes; manufactured homes; mobile homes; and stick-built homes;

(2) Transportation and utility easements and rights-of-way;

(3) On-premises signs, complying with Chapter 8 of this zoning title;

(4) Fire stations;

(5) Accessory uses and structures;

(6) Home occupations;

(7) Daycare, home;

(8) General ranching and farming;

(9) Harvesting;

(10) Forestry;

(11) Forest preserves;

(12) Non-retail plant nurseries and greenhouses;

(13) Cemetery in conjunction with II-10.009;

(14) Pet cemetery in conjunction with II-10.009;

(15) Sod and tree farming;

(16) Grazing;

(17) Horticulture, viticulture, floriculture, and apiculture;

(18) Truck gardening;

(19) Roadside stands exclusive for sale of products raised on the premises;

(20) Noncommercial riding stables;

(21) Noncommercial indoor/outdoor arenas; and

(22) Wild crop harvesting.

(C) Allowed special uses. A building or premises may be used for the following purposes in the A-2 - Residential Agriculture District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title:

(1) Temporary uses in conjunction with § II-10.007; and

(2) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the A-2 - Residential Agriculture District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(2) Roadside stands;

(3) Bed and breakfast;

(4) Specialty resort;

(6) Water treatment, purification, storage, pumping, solid waste disposal sites;

(7) Commercial indoor/outdoor arenas;

(8) Commercial sawmill/molding mill;

(9) Personal use mineral and sand, gravel, or rock extractive industry;

(10) Small and large wind energy systems per § II-10.001;

(11) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(12) Commercial recreation facility;

(13) Cemetery, church adjunctive in connection with II-10.009;

(14) Microbrewery; and

(15) Distiller, artisan.

(E) Density, setback(s), and lot requirements.

General Requirements
Density/minimum lot size	10 acre average and 8 acre minimum*
Front, side, and rear yard(s) setbacks	25’**
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 4 residences per a quarter of a quarter-section of land (1/16 of 640 acres or 40 acres or a government lot), unless it is a preexisting lot of record. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 2; Ord. 16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 17-01, passed 5-1-2017; Ord. 19-01, passed 4-9-2019; Ord. 20-01, passed 10-6-2020; Ord. 22-04, passed 4-11-2023)

§ II-6.003 PF - PARK FOREST DISTRICT.

(A) General. The intent of the PF - Park Forest District is to provide a district with an area to be preserved for its natural beauty, resources, and open character.

(B) Allowed uses. In PF - Park Forest District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, and stick-built homes;

(2) Transportation and utility easements and rights-of-way;

(3) On-premises signs, complying with Chapter 8 of this zoning title;

(4) Historical monuments and structures;

(5) Fire stations;

(6) Accessory uses and structures;

(7) Home occupations;

(8) Daycare, home;

(9) General ranching and farming;

(10) Harvesting;

(11) Forestry;

(12) Forest preserves;

(13) Personal use plant nurseries and greenhouses;

(14) Personal use airstrip/heliport;

(15) Cemetery in conjunction with II-10.009;

(16) Pet cemetery in conjunction with II-10.009;

(17) Sod and tree farming;

(18) Grazing;

(19) Horticulture, apiculture, floriculture, and viticulture;

(20) Truck gardening;

(21) Noncommercial riding stables;

(22) Noncommercial indoor/outdoor arenas;

(23) Roadside stands exclusive for sale of products raised on the premises;

(24) Personal use mineral and sand, gravel, or rock extractive industry;

(25) Wild crop harvesting;

(26) Garage, private; and

(27) Typical farm/ranch operation.

(C) Allowed special uses. A building or premises may be used for the following purposes in the PF - Park Forest District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title:

(1) Temporary uses in conjunction with § II-10.007;

(2) Personal use airstrip/heliport is allowed if sited on at least 160 acres and the location of airstrip/heliport is at least 500 feet from the outer perimeter of the 160-acre parcel; and

(3) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the PF - Park Forest District, under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Kennels, grooming, boarding, vet clinics, and animal shelters;

(3) Home occupations that may constitute a public nuisance;

(4) Churches, religious structures;

(5) Cemetery, church adjunctive in conjunction with II-10.009;

(6) Fairgrounds;

(7) Golf courses;

(8) Antennas, microwave and communication towers;

(9) Storage, outdoor;

(10) Storage, enclosed;

(11) Bed and breakfast;

(12) Specialty resort;

(13) Camp, day or youth;

(14) Gun and archery ranges;

(15) Water treatment, purification, storage, pumping, solid waste disposal sites;

(16) Assisted living facility;

(17) Daycare center, licensed;

(18) Mineral exploration;

(19) Mineral extraction;

(20) Light manufacturing when contained entirely in a building size constraint;

(21) Commercial riding stables;

(22) Commercial indoor/outdoor arenas;

(23) Commercial outdoor recreation, paintball, dude ranch, BMX track;

(24) Sawmill/molding mill;

(25) Campground;

(26) Airports with FAA regulations;

(27) Temporary second residence § II-10.010;

(28) Small and large wind energy systems per § II-10.001;

(29) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(30) Retail sales and trade;

(31) Small and large scale sand, gravel, or rock extraction;

(32) Commercial recreation facility;

(33) Restricted use solid waste disposal facility;

(34) Liquid and bulk propane storage yard;

(35) Microbrewery; and

(36) Distiller, artisan.

(E) Density, setback(s), and lot requirements.

General Requirements
Density/minimum lot size	5-acre average and 2-acre minimum*
Front, side, and rear yard(s) setbacks on lots over 2 acres	25’**
Front setback on existing lots under 2 acres	25'**
Side and rear yard(s) setbacks on existing lots under 2 acres	10'
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 8 single-family dwellings per 40 acres, which is an average lot size of 5 acres. Therefore, in order to have 2 lots you would need to have at least 10 acres of land in order to subdivide. Minimum lots size is 2 acres, which is allowed by clustering your total overall density in 1 area and leaving the rest as open space. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 3; Ord. 16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 17-01, passed 5-1-2017; Ord. 17-02, passed 9-29-2017; Ord. 19-01, passed 4-9-2019; Ord. 20-02, passed 2-9-2021; Ord. 22-04, passed 4-11-2023)

§ II-6.004 RR - RURAL RESIDENTIAL DISTRICT.

(A) General. The intent of the RR - Rural Residential District is to provide a district that will allow certain areas of the county to be maintained and utilized as large lot residential acreages. The RR - Rural Residential District shall generally be located where provisions can be made to adequately handle sewage disposal, and where the water supply, roads, and emergency services are easily and economically available.

(B) Allowed uses. In RR - Rural Residential District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, and stick-built homes;

(2) Transportation and utility easements and rights-of-way;

(3) Community signs/on-premises signs, complying with Chapter 8 of this zoning title;

(4) Historical monuments and structures;

(5) Garage, private;

(6) Accessory uses and structures;

(7) Home occupations;

(8) Daycare, home;

(9) Public parks and playgrounds;

(10) General ranching and farming;

(11) Forestry;

(12) Forest preserves;

(13) Personal use plant nurseries and greenhouses;

(14) Sod and tree farming;

(15) Noncommercial riding stables;

(16) Noncommercial indoor/outdoor arenas;

(17) Raising of farm animals or poultry as long as they do not constitute a public nuisance; and

(18) Fire station.

(C) Allowed special uses. A building or premises may be used for the following purposes in the RR - Rural Residential District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title:

(1) Temporary uses in conjunction with § II-10.007; and

(2) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the RR - Rural Residential District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Storage, outdoor;

(4) Storage, enclosed;

(5) Bed and breakfast;

(6) Specialty resort;

(7) Assisted living center;

(8) Daycare, center;

(9) Golf courses or country clubs, but not including miniature courses and driving tees not operated for commercial purposes;

(10) Small and large wind energy systems per § II-10.001;

(11) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(12) Commercial recreation facility; and

(13) Small and large scale sand, gravel, or rock extraction.

(E) Density, setback, and lot requirement.

General Requirements
Density/minimum lot size	5-acre average and 2-acre minimum*
Front, side, and rear yard(s) setback over 2 acres	25’**
Front setback on existing lots under 2 acres	25'**
Side and rear yard(s) setbacks on existing lots under 2 acres	10'
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 8 single-family dwellings per 40 acres, which is an average lot size of 5 acres. Therefore, in order to have 2 lots you would need to have at least 10 acres of land in order to subdivide. Minimum lots size is 2 acres, which is allowed by clustering your total overall density in 1 area and leaving the rest as open space. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 4; Ord. 16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 17-01, passed 5-1-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.005 SRD - SUBURBAN RESIDENTIAL DISTRICT.

(A) General. The intent of the SRD - Suburban Residential District is to provide a district that permits single-family dwellings and multi-family dwellings and such supportive community facilities as parks, playgrounds, schools, libraries, and churches. It is intended that this district provide protection for those areas existing as, or planned for, single-family neighborhoods.

(B) Allowed uses. In SRD - Suburban Residential District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, stick-built homes, twin homes, and townhomes;

(2) Multi-family dwellings including, but not limited to, condominiums, apartments;

(3) Transportation and utility easements and rights-of-way;

(4) On-premises signs, complying with Chapter 8 of this zoning title;

(5) Accessory uses and buildings provided such uses are incidental to the principal use and do not constitute a public nuisance;

(6) Home occupations;

(7) Daycare, home;

(8) Public parks and playgrounds;

(9) Schools; and

(10) Fire stations.

(C) Allowed special uses. A building or premises may be used for the following purposes in the SRD - Suburban Residential District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title:

(1) Temporary uses in conjunction with § II-10.007;

(2) Agricultural tourism seasonal permit only allowed in the special use area described as Upper Valley/Lower Valley area (see Ag Tourism Overlay District). For purposes of this section only, the sale of agricultural tourism products is allowed. This permit shall follow § II-10.011; and

(3) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the SRD - Suburban Residential District, under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Grooming, vet clinics (excluding boarding);

(3) Churches, religious structures;

(4) Agricultural tourism product(s) stand exceeding 400 square feet in area;

(5) Bed and breakfast;

(6) Hall or lodge;

(7) Assisted living center;

(8) Group home;

(9) Family care facility;

(10) Daycare center, licensed;

(11) Daycare, group family home;

(12) Plant nurseries;

(13) Mobile home park in conjunction with II-10.004;

(14) Small wind energy systems per § II-10.001;

(15) Farmers’ market;

(16) Raising of poultry or livestock; and

(17) Small and large scale sand, gravel, or rock extraction.

(E) Density, setbacks, and lot requirements.

General Requirements
Density/minimum lot size	2 acre(s)*
Front yard setback	25’**
Side and rear yard(s) setbacks	10'**
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 1 residence per lot. Additionally, those lots served by a sanitary sewer system or approved alternate centralized system, and served by a central or public water system shall not be less than 8,000 square feet. All sanitary sewer systems or other methods of sewage disposal must be approved by the County Commission, appropriate state agencies, and sanitary districts if applicable. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. A front setback will be used when it fronts a road right-of-way. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of-way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 5; Ord.16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.006 GC - GENERAL COMMERCIAL DISTRICT.

(A) General.

(1) The GC - General Commercial District is a limited application zoning which occurs primarily in St. Onge and Nemo.

(2) The intent of the GC - General Commercial District is to provide a district that is similar to general commercial zonings found within municipalities and will: allow compact and convenient community oriented business; provide development standards that are compatible with slower speeds of abutting roads and highways; and permit retail, wholesale, businesses, and related services.

(B) Allowed uses. In GC - General Commercial District, the following uses are allowed:

(1) Transportation and utility easements and rights-of-way;

(2) On-premises signs, complying with Chapter 8 of this zoning title;

(3) Retail sales and trade;

(4) Commercial recreation facility;

(5) Public buildings and grounds other than schools;

(6) Public service structures such as police stations, fire stations, and post offices;

(7) Funeral homes/mortuary;

(8) Auditoriums, libraries, art galleries, museums, and other cultural structures;

(9) Community centers;

(10) Churches, religious structures;

(11) Parking lots and parking garages;

(12) Daycare, group;

(13) Daycare center, licensed;

(14) Daycare, group family home;

(15) Car wash;

(16) Historical monuments and structures; and

(17) Nursery or greenhouse.

(C) Allowed special uses. A building or premises may be used for the following purpose in the GC - General Commercial District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purpose, where the prescribed requirement will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title: temporary uses in conjunction with § II-10.007.

(D) Conditional uses. The following uses may be allowed in GC - General Commercial District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards, complying with Chapter 8 of this zoning title;

(4) Light manufacturing;

(5) Kennels, animal hospitals;

(6) Automobile sale and automobile service stations;

(7) Commercial nursery or greenhouse;

(8) Microbrewery; and

(9) Distiller, artisan.

(E) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setback	25’**
Lot width	None
Maximum height	35’***
Side and rear yard setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback form the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers)

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shielded downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 6; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.007 RC - RECREATION COMMERCIAL DISTRICT.

(A) General. The intent of the RC - Recreation Commercial District is to provide a district that will allow limited commercial development. The proposed development must: primarily serve those persons who utilize the surrounding district for recreational purposes or act as a destination; be designed to primarily serve customers which result from traffic on major roads and highways shall not be permitted in the RC - Recreation Commercial District; and not conflict with the purpose of the district, preserving the natural beauty, resources, and open character of the lands.

(B) Allowed uses. All proposed developments within a district which are approved for recreational commercial permits must provide recreation-related goods and services. In RC - Recreation Commercial District, the following uses are allowed:

(1) Residential usage shall be limited to one dwelling for the owner or manager of an enterprise;

(2) Transportation and utility easements and rights-of-way;

(3) Accessory uses and structures;

(4) Public parks and playgrounds;

(5) On-premises signs complying with Chapter 8 of this zoning title;

(6) Forest reserve;

(7) Retail sales and trade providing recreation goods, services, and activities;

(8) Public service structures such as police stations, fire stations, and post offices;

(9) Commercial recreation facility;

(10) Campgrounds;

(11) Golf course;

(12) Historic monuments and structures;

(13) Roadside stands/vendor space; and

(14) Apartments/condos/multi-family if on a community type sewer and water system.

(C) Allowed special uses. A building or premises may be used for the following purpose in the RC - Recreational Commercial District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purpose, where the prescribed requirement will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title: temporary uses in conjunction with § II-10.007.

(D) Conditional uses. The following uses may be allowed in the RC - Recreation Commercial District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this zoning title;

(4) Private outdoor recreation facility;

(5) Camp, day or youth;

(6) Commercial riding academies, arenas, stables;

(7) Fairgrounds;

(8) Gas station, convenience store;

(9) Small wind energy systems per § II-10.001; and

(10) Small and large scale sand, gravel, or rock extraction.

(E) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setback	25’**
Lot width	None
Maximum height	35’***
Side and rear yard setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 7; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.008 HSC - HIGHWAY SERVICE-COMMERCIAL DISTRICT.

(A) General. The intent of the HSC - Highway Service-Commercial District is to provide a district that will: allow compact and convenient highway-oriented business; provide development standards that will not impair the traffic carrying capabilities of abutting roads and highways; and permit retail, wholesale, businesses, and related services.

(B) Allowed uses. In HSC - Highway Service-Commercial District, the following uses are allowed:

(1) Transportation and utility easements and rights-of-way;

(2) Accessory uses and structures;

(3) Public parks and playgrounds;

(4) Public parks and playgrounds;

(5) On-premises signs complying with Chapter 8 of this zoning title;

(6) Garage, public;

(7) Garage, storage;

(8) Storage, outdoor;

(9) Storage, enclosed; and

(10) Public service structures such as police stations, fire stations, post offices.

(C) Allowed special uses. A building or premises may be used for the following purpose in the HSC - Highway Service-Commercial District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purpose, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title: temporary uses in conjunction with § II-10.007.

(1) Non-alcoholic beverage and food stand permit in conjunction with § II-10.014.

(D) Conditional uses. The following may be allowed in HSC - Highway Service-Commercial District under the provision of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this zoning title;

(4) Golf driving ranges;

(5) Drive-in theaters;

(6) Light manufacturing and fabricating;

(7) Kennels, animal hospitals;

(8) Campgrounds/RV parks;

(9) Commercial recreation facility;

(10) Small wind energy systems per § II-10.001;

(11) Small and large scale sand, gravel, or rock extraction; and

(12) Liquid and bulk propane storage yard;

(13) Specialty resort;

(14) General manufacturing;

(15) Microbrewery; and

(16) Distillery, artisan.

(E) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setback	25’**
Lot width	None
Maximum height	35’***
Side and rear yard(s) setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property direct light away from adjoining properties.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 8; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 19-05, passed 2-11-2020; Ord. 22-01, passed 5-10-2022; Ord. 22-04, passed 4-11-2023; Ord. 23-03, passed 12-12-2023)

§ II-6.009 C/LI - COMMERCIAL/LIGHT INDUSTRIAL DISTRICT.

(A) General. The intent of the C/LI - Commercial/Light Industrial District is to provide a district that will allow a compatible mixture of commercial and light industrial uses which are non-offensive and do not create obnoxious sounds, glare, dust, odors, fumes, or smoke.

(B) Allowed uses. In C/LI - Commercial/Light Industrial District, the following uses are allowed:

(1) Transportation and utility easements and rights-of-way;

(3) Retail sales and trade;

(4) On-premises signs complying with Chapter 8 of this zoning title;

(5) Public service structures such as police stations, fire stations, post offices;

(6) Building material sales yard and lumber yard, including sale of rock, sand, gravel, and the like as an incidental art of the main business, but not including concrete, transit mix, or asphalt plants;

(7) Accessory buildings and uses;

(8) Automobile storage yard;

(9) Public utility mains, lines, and underground facilities;

(10) Automobile service station;

(11) Wholesale merchandising; trade;

(12) Contractors shop and storage yard;

(13) Light manufacturing and fabricating;

(14) Well-drilling businesses and accessory exterior equipment and material storage;

(15) Business or professional offices;

(16) Any kind of scientific research, manufacturing, compounding, assembling, processing, or treatment of products, distribution center, wholesaling, warehousing, and similar non-offensive light, clean industrial uses;

(17) Auction house, except livestock;

(18) Tire recapping and re-treading;

(19) Water treatment, purification, storage, and pumping;

(20) Freight or truck yard and terminal;

(21) Distillation of products;

(22) Cannabis dispensary (subject to § II-10.013 "Additional Use Regulations");

(23) Garage, public;

(24) Garage, storage;

(25) Garage, outdoor;

(26) Storage, enclosed;

(27) Brewery; and

(28) Distiller, artisan.

(C) Allowed special uses. A building or premises may be used for the following purposes in the C/LI - Commercial/Light Industrial District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purposes, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title:

(1) Temporary uses in conjunction with § II-10.007; and

(2) Adult oriented business in conjunction with § II-10.005.

(D) Use limitations.

(1) All permitted uses of an industrial nature shall be operated entirely within an enclosed structure.

(2) Noise, dust, odor, and glare shall be completely confined within an enclosed building.

(3) Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compacted gravel, or equivalent surfacing.

(4) Outdoor storage areas shall be concealed and screened from view from abutting streets and highways, and from adjoining residential zoning districts by fencing and landscaping.

(5) No merchandise shall be displayed for sale (except for advertising purposes) nor shall any outdoor storage areas be permitted in any required front yard unless first approved.

(6) No loading dock or loading area shall extend into a dedicated street or highway right-of-way.

(7) The area between the building lines and the property lines is to be used either for open landscape or for off-street surfaced parking areas. If said area is to be landscaped, it shall be done according to the plans first approved in writing by the County Office of Planning and Zoning. Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Parking areas shall likewise be maintained in good condition.

(E) Conditional uses. The following uses may be allowed in the C/LI - Commercial/Light Industrial District under the provision of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this title;

(4) Bulk storage;

(5) Frozen food locker, provided no slaughtering of animals;

(6) Vocational uses;

(7) General manufacturing;

(8) Salvage or junkyard in conjunction with II-10.008;

(9) Daycare center, licensed only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

(10) Small wind energy systems per § II-10.001; and

(11) Small and large scale sand, gravel, or rock extraction.

(F) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setbacks	25’**
Lot width	None
Maximum height	35’***
Side and rear yard(s) setbacks	0’
Table notes: * Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. On land with both public water and public sewer facilities - no minimum requirement. From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. *Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 9; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 21-04, passed 9-7-2021; Ord. 22-04, passed 4-11-2023)

§ II-6.010 I-1 - GENERAL INDUSTRY DISTRICT.

(A) General. The intent of the I-1 - General Industry District is to provide a district that will allow areas in the county to be used for industrial purposes.

(B) Allowed uses.

(1) In I-1 - General Industry District, the following uses are allowed:

(a) On-premises signs complying with Chapter 8 of this zoning title;

(b) Retail sales or trade only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

(d) Automobile storage yard;

(e) Manufacturing, requiring yard storage, and fabrication;

(f) Wholesaling, requiring yard storage and assembly;

(g) Warehousing, requiring yard storage;

(h) Building material sales yard and lumber yard;

(i) Tire recapping and retreading;

(j) Water treatment, purification, storage, and pumping;

(k) Contractors equipment storage yard or plant, or rental of heavy equipment;

(l) Bulk storage;

(m) Processing of junk, waste, discarded, or salvaged materials, machinery, or equipment, including automobile wrecking or dismantling;

(n) Automobile service station;

(o) Power plants;

(p) Concrete batch plant, transit mix plant, and asphalt plant;

(q) Concrete block, precast concrete, and prestressed concrete fabrication and storage;

(r) Structural and reinforcing steel fabrication, welding, and storage;

(s) Grain elevators;

(t) Electrical generation facilities;

(u) Auction houses not for the sale of livestock; and

(v) Commercial sawmill/molding mill.

(2) Any of the allowed uses which may have regulated emissions or offensive odors that could extend beyond the property line, shall be considered a conditional use in this district, and shall be required to conform to such conditions as the Planning and Zoning Board and the County Commission determines appropriate to mitigate such emissions and/or odors.

(1) All permitted uses shall be operated entirely within an enclosed structure.

(2) Noise, dust, odor, and glare shall be completely confined within an enclosed building.

(3) Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compacted gravel, or equivalent surfacing.

(4) Outdoor storage areas shall be concealed and screened from view from abutting streets and highways, and from adjoining residential zoning districts by fencing and landscaping.

(5) No merchandise shall be displayed for sale (except for advertising purposes) nor shall any outdoor storage areas be permitted in any required front yard.

(6) No loading dock or loading area shall extend into a dedicated street or highway right-of-way.

(7) The said area between the building lines and the property lines is to be used either for open landscape or for off-street surfaced parking areas. If the said area is to be landscaped, it shall be done according to the plans first approved in writing by the County Office of Planning and Zoning. Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Parking areas shall likewise be maintained in good condition.

(D) Allowed special uses. A building or premises may be used for the following purpose in the I-1 - General Industry District in conformance with the requirements prescribed herein. A building or premises intended to be used for the following purpose, where the prescribed requirements will not be met, shall obtain a conditional use in conformance with the requirements set out in Chapter 19 of this zoning title: temporary uses in conjunction with § II-10.007.

(E) Conditional uses. The following may be allowed in I-1 - General Industry District under the provision of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this zoning title;

(4) Vocational schools;

(5) Solid waste disposal site;

(6) Distillation of products;

(7) Tank farm, petroleum products terminal;

(8) Salvage or junkyard in connection with II-10.008;

(9) Daycare center, licensed only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

(10) Slaughter of animals, including poultry killing or dressing;

(11) Small wind energy systems per § II-10.001; and

(12) Small and large scale sand, gravel, or rock extraction.

(F) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setbacks	25’**
Lot width	None
Maximum height	35’***
Side and rear yard(s) setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. On land with both public water and public sewer facilities - no minimum requirement. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation(e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 10; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.011 PUD - PLANNED UNIT DEVELOPMENT DISTRICT.

(A) General. To develop a PUD within the county, the property must be rezoned to a PUD designation and conform to Chapter 17 of this zoning title.

(B) Intent. It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PUD Planned Unit Development District projects in order to:

(1) Encourage well planned, efficient development.

(2) Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures.

(3) Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets.

(4) Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as forests, woodlands, open pastures,, natural drainage systems and scenic areas.

(5) Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building.

(6) Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of such streets.

(7) Improve communication and cooperation among the county, townships, land developers, and interested residents in the development of agricultural land and redevelopment of existing areas.

It is not the intent of the PUD Planned Unit Development District to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.

(C) Procedure. The procedure for a PUD rezoning will follow Chapter 17 of this zoning ordinance and the procedure listed in this chapter. A PUD change of zoning request consists of the following: (i) a change of zoning application; (ii) initial development plan; (iii) final development plan.

(1) Change of zoning application. This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in Chapter 17 of this zoning ordinance and the procedure listed in this chapter. No permit shall be issued within the development until the final development plan is approved and the plat is filed.

(2) Initial development plan. Upon application for rezoning to the Planned Unit Development District, the petitioner shall present an initial development plan to the Planning Commission for review, and to County Commission fortheir approval showing the following information:

(a) Project name and legal description.

(b) A preliminary subdivision plan.

1. The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed nonresidential buildings and their square footage.

2. The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such densities undesirable.

3. The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such setbacks undesirable.

4. The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental or design characteristics make such heights undesirable.

5. Proposed design features illustrating compatibility to the surrounding environment and neighborhood, e.g., buffering/landscaping (the use of fire resistive plant species is encouraged (see County Community Wildfire Protection Plan for list of plant species)); lighting; signage.

6. Anticipated subarea development sequence.

(3) Final development plan.

(a) Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified below, to the Planning Commission and then the County Commission, who shall have the sole authority to approve, deny, or amend said plan.

(b) The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.

1. The subdivision name, the legal description, and the individual project name (if any).

2. Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan.

3. A subdivision plat of the subarea or subareas submitted for approval.

4. A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:

A. Size and location of proposed structures including height and number of units.

B. Calculated floor area for each structure and a generic listing of the uses within said structure.

C. Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container spaces.

D. Any sidewalks, bikeways or other paths.

E. Landscaping plans showing the type and location of any walls or fences, the placement, size and species of any trees or shrubs, and berms in areas that will be sod or seeded.

F. All existing and proposed utilities, drainageways, water courses, and location of above ground existing utilities on adjacent property.

G. Proposed final ground contours.

H. Existing and proposed uses adjacent to the area.

I. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities including private streets. Any and all open space lands shall be held in common ownership by the dwelling unit owners. To ensure that all common open space in the PUD will be used as intended, the necessary restrictions or covenants will be put in each deed. Such deed restrictions or covenants shall run with the land in order to protect both present and future property owners. The covenants and restrictions shall prohibit the reduction or sale of any common open space.

J. Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve.

K. Proposed parking and loading spaces which shall be in conformance with Chapter 7 and except where unique physical, environmental or design characteristics make such requirements undesirable.

L. Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example: townhouses on Block X shall be developed in conformance with the requirements of the SRD Residential District.

(D) Amendments to a PUD.

(1) Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved as an amendment to the zoning regulations per Chapter 17 of this zoning title, requiring Plan Commission review, and County Commission approval. The following changes in an initial and/or final development plan are considered major amendments:

(a) A change in the PUD boundary;

(b) Any change in the proposed land uses;

(d) An increase in density;

(e) Decrease in open space.

(2) Minor amendments. Minor amendments to an initial and/or final development plan require a written request including all relevant information. Amendments not meeting the criteria for a major amendment shall be deemed to be minor amendments and may be administratively approved by the Planning Department.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 11; Ord. 22-04, passed 4-21-2023)

§ II-6.012 FPD - FLOODPLAIN DISTRICT.

(A) Statutory authorization. The State Legislature of the State of South Dakota has, in SDCL §§ 7-18-14 and 7-18-15, delegated the responsibility of local governmental units to adopt regulations designed to promote the public health, safety, and welfare of its citizenry, by minimizing flood losses. Therefore, the Board of County Commissioners of Lawrence County, South Dakota does ordain as follows: “Lawrence County elects to comply with the requirements of the National Flood Insurance Act of 1968 (Pub. Law No. 90-488, as amended). The National Flood Insurance Program (NFIP), is a voluntary program administered by the Federal Emergency Management Agency (FEMA), a component of the U.S. Department of Homeland Security, and Lawrence County's community officials have elected to join the program. participate and enforce this Flood Damage Prevention section and the requirements and regulations of the NFIP. NFIP, established in the aforesaid act, provides that areas of Lawrence County having a special flood hazard be identified and that floodplain management measures be applied in such flood hazard areas. Furthermore, Lawrence County may elect to administer this section to areas not identified as special flood hazard areas (SFHAs) by FEMA on the community's effective Flood Insurance Rate Map (FIRM), if the community has documentation to support that there is an inherent risk of flooding in such areas.

(B) Findings of fact.

(1) The flood hazard areas of Lawrence County are subject to periodic inundation by floodwaters which results in potential loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare of the inhabitants of Lawrence County.

(2) These potential flood losses are caused by:

(a) The cumulative effect of obstructions in floodplains that are known to cause increases in flood heights and velocities;

(b) The occupancy of flood hazard areas by structures vulnerable to floods because they are inadequately elevated or otherwise unprotected from flood damages; and

(C) Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare of the community and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize damage to public infrastructure, including but not limited to, utilities, streets and bridges that are susceptible to flooding;

(3) Minimize prolonged business interruptions caused by flooding;

(4) Minimize public expenditures on flood control projects;

(5) Minimize the need for rescue and relief efforts associated with flooding and are generally undertaken at the expense of the public;

(6) Protect and safeguard the welfare and safety of first responders should an emergency response be needed;

(7) 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

(8) Promote that potential buyers are notified if properties are in a flood area.

(D) Methods or reducing flood losses. To accomplish the purposes outlined in this section applies following methods:

(1) Restricts or prohibits land uses that are dangerous to health, safety, or property in times of flooding, or causes excessive increases in flood heights or velocities;

(2) Requires that land uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(3) Controls the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4) Controls filling, grading, dredging, and other development which may increase flood damage; and

(5) Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(E) General provisions.

(1) Lands to which this section applies. The section shall apply to all areas of special flood hazard identified by FEMA within the jurisdiction of the county.

(2) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Lawrence County”, dated April 17, 2012, with accompanying Flood Insurance Rate Maps (FIRM), and any revisions thereto are hereby automatically adopted by reference and declared to be a part of this section.

(3) Establishment of development permit. A floodplain development permit shall be required to ensure conformance with the provisions of this section.

(4) Compliance. No structures or developments including buildings, recreation vehicles or manufactured homes or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations.

(5) Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(6) Interpretation. In the interpretation and application of this section, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(7) Warning and disclaimer or liability.

(a) The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by human-made or natural causes.

(b) This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(8) Severability. If any section, provision, or portion of this section is adjudged unconstitutional or invalid by a court, the remainder of this section shall not be affected.

(9) Stop work order.

(a) Authority. Whenever the Floodplain Administrator or other community official discovers any work or activity regulated by this section being performed in a manner contrary to the provisions of this section, the Floodplain Administrator is authorized to issue a stop work order.

(b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.

(c) Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by local or state law including but not limited to the penalties outlined in this section.

(10) Penalties for non-compliance.

(a) In accordance with Section 59.2(b) of CFR 44, Chapter 1, of the NFIP regulation, to qualify for the sale of federally subsidized flood insurance, a community must adopt floodplain management regulations that meet or exceed the minimum standards of Section 60. "These regulations must include effective enforcement provisions." In accordance with Section 60.1(b) of CFR 44, Chapter 1, of the NFIP regulations, "These regulations must be legally-enforceable, applied uniformly throughout the community to all privately and publicly owned land within flood-prone (i.e. mudflow) or flood-related erosion areas, and the community must provide that the regulations take precedence over less restrictive conflicting local laws, ordinances, or codes."

(b) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days, or both, for each violation assessed daily, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Lawrence County from taking such other lawful action as is necessary to prevent or remedy any violation.

(F) Administration.

(1) Designation of the Floodplain Administrator. The Lawrence County Planning and Zoning Director is hereby appointed the Floodplain Administrator to administer and implement the provisions of this section and other appropriate sections of 44 C.F.R. (National Flood Insurance Program Regulations) pertaining to floodplain management.

(2) Duties and responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

(a) Uphold goals of the community and the NFIP to reduce risk when possible and increase the community's resistance to future disasters;

(b) Maintain and hold open for public inspection all records pertaining to the provisions of this section, including the actual elevation of the lowest floor (including basement or crawlspace) of all new or substantially improved structures and any floodproofing certificates, including the data supporting such certificates;

(c) Maintain and hold open for public inspection maps that identify and locate the boundaries of the special flood hazard areas to which this section applies, including, but not limited to, the FIRM.

(d) Review development proposals to determine whether proposed building site, including sites designed for the placement of manufactured homes, will be reasonably safe from flooding;

(e) Review, approve, or deny all applications for development permits required by adoption of this section;

(f) Ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required;

(g) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;

(h) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the State Office of Emergency Management, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;

(i) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation;

(j) When base flood elevation (BFE) data has not been provided by FEMA the Floodplain Administrator shall obtain, review, and reasonably utilize BFE data and floodway data available from a federal, state, or other source, including data provided by the applicant, in order to administer the provisions of this section;

(k) When a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community;

(l) Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones AE on the community’s FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision); and

(m) If the project is determined or reasonably believed to cause an adverse effect on the BFE's, boundaries of the floodplain or any insurable structures, technical justification for the proposed development shall be submitted and the community may require a CLOMR or LOMR to be submitted prior to permit approval or as a requirement of the permit.

(3) Requirements to submit new technical data.

(a) The property owner or developer shall notify FEMA by submittal of a LOMR within six months of project completion when an applicant had obtained a CLOMR from FEMA or when development altered a watercourse, modified floodplain boundaries, or modified BFE.

(b) The property owner or developer shall be responsible for preparing technical data to support the CLOMR or LOMR application and paying any processing or application fees to FEMA. The property owner or developer is responsible for submitting the CLOMR and LOMR to FEMA and shall provide all necessary data to FEMA if requested during the review process to ensure the CLOMR or LOMR is issued.

(c) The Floodplain Administrator shall be under no obligation to sign the Community Acknowledgment Form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this section and all applicable state federal, and local laws.

(4) Permit procedures.

(a) Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but not be limited to:

1. Plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing, and proposed structures, including the placement of manufactured homes

2. Location of the foregoing in relation to areas of special flood hazard;

3. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

4. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

5. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure (if applicble) shall meet the floodproofing criteria of this section and the NFIP regulations;

6. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development, if applicable;

7. At the community's discretion, the community may charge a fee for issuance of floodplain development permits; and

8. Copies of all floodplain development permits and the associated documents shall become property of the community and a permanent record.

(b) Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors:

1. The danger to life and property due to flooding or erosion damage;

2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

3. The danger that materials may be swept onto other lands to the injury of others;

4. The compatibility of the proposed use with existing and anticipated development;

5. The safety of access to the property in times of flood for ordinary and emergency vehicles;

6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;

7. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

8. The necessity to the facility of a waterfront location, where applicable;

9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

10. The relationship of the proposed use to the Comprehensive Plan for that area.

(5) Use of elevation certificates. Lawrence County requires that the following elevation certificates be completed for any new residential or non-residential building construction:

(a) Proposed conditions. A proposed conditions elevation certificate is required to be completed by a professional and licensed engineer, surveyor, or architect as part of the floodplain permit package.

(b) Building under construction. A building under construction elevation certificate is required to be completed by a professional and licensed engineer, surveyor, or architect at _________________(timing determined by community but suggested after foundation has been poured).

(c) Finished construction. A finished construction elevation certificate is required to be completed by a professional and licensed engineer, surveyor, or architect once the structure is completed, utilities are installed, and grading and landscaping has been completed.

(6) Variance procedures. The County Commission acting as the Board of Adjustment, as established by state law, as established by the community shall hear and render judgment on requests for variances from the requirements of this section after a floodplain permit has been denied.

(a) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction.

(b) The Board of Adjustment, as established by the community, shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this section.

(c) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency and the State Office of Emergency Management upon issuing a variance.

(d) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots, with existing structures constructed below the base flood level, providing the relevant factors in this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(e) Upon consideration of the factors noted above and the intent of this section, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this section.

(f) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. The term SUBSTANTIAL IMPROVEMENT does not include any alteration of a structure or facility listed on the National Register of Historical Places or a State Inventory of Historical Places.

(h) Prerequisites for granting variances:

1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; variances shall only be issued upon:

a. Showing a good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, considers the need of ingress and egress during time of flood and does not jeopardize first responders' health and welfare.

2. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

3. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

4. The criteria outlined in this section are met; and

5. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(7) Watercourse alterations.

(a) No alteration to a channel, river, stream, drainage way, or other watercourse shall diminish the flood-carrying capacity of that watercourse. The altered or relocated watercourse shall have the same or greater capacity as the original watercourse.

(b) All proposals for a watercourse alteration require submittal of a floodplain development permit. The applicant shall submit a set of plans and calculations prepared by a registered professional engineer of the proposed alteration and its effect on flows. An applicant shall provide the following information. Additional information may be submit and requested:

1. Topographic map of the project area;

2. A comparison of the existing and proposed channel capacity, including engineering calculations prepared by a registered professional engineer;

3. A description of the proposed alteration extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;

4. Land use of adjacent properties;

5. Description of any obstructions;

6. Dimensions, specifications, and locations of any structures (bridges, culverts, water crossing, dams, dikes, levees, detention basins, etc.);

7. Photos of the area.

1. Submit an application and obtain a CLOMR from FEMA;

2. Notify adjacent communities, property owners and the and the State Coordinating Agency, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Floodplain Administrator and to FEMA;

3. Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

(G) Provisions for flood hazard reduction.

(1) General standards. In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements.

(a) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(d) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.

(g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(2) Specific standards. In all areas of special flood hazards where base flood elevation data has been provided, the following provisions are required.

(a) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standards of this section are satisfied.

(b) Non-residential construction. New construction and substantial improvements of any commercial, industrial, or other non-residential structure shall either have the lowest floor (including basement) elevated to one foot above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level of the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this division (G)(2)(b). A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.

1. New construction and substantial improvements of any commercial, industrial, or other non-residential structure including but not limited to detached garages, agricultural buildings, and storage buildings may be allowed to be wet floodproof provided that:

a. The structure is strictly a non-residential structure used for building access, parking or storage only;

b. The structure is an accessory or appurtenant structure of low value;

c. Designed to allow for the automatic entry and exit of flood waters through the use of openings;

d. Be constructed of flood resistant materials;

e. Be properly anchored to resist flotation, collapse, and lateral movement;

f. Mechanical and utility equipment must be elevated or floodproofed to or above the BFE;

g. Must comply with the floodway encroachment provisions of the NFIP and this section;

h. Designed and built to adhere to FEMA Technical Bulletins 1, 2, and 7.

2. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in division (G)(2)(c). A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. If the use or occupancy of the building changes in the future to residential, then the wet floodproofing of the structure cannot be used when determining compliance of the structure to the residential construction of this section. As such, the building will not be grandfathered into compliance and will be required to be brought into compliance with the residential construction of this section.

(d) Enclosures.

1. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are to be used solely for parking of vehicles, building access, or storage in an area other than a basement and are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

b. The bottom of all openings shall be no higher than one foot above grade; and

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

2. The development and construction of the structure must conform with the provision in FEMA/Federal Insurance Administration (FIA)-Technical Bulletins 1 and 2. Certification and documentation from a professional, licensed engineer or architect is required if the structure's lowest floor is built below the BFE.

(e) Crawlspace.

1. New construction and substantial improvements built on a crawlspace or sub-grade (below grade) crawlspace may be permitted if the development is designed and meets or exceeds the standards found in FEMA's Technical Bulletins 1, 2, and 11, which include but are not limited to the following.

2. The structure must be affixed to a permanent foundation, designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer.

a. The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the LAG.

b. The crawlspace enclosure must have proper openings that allow equalization of hydrostatic pressure by allowing automatic entry and exit of floodwaters. To achieve this, a minimum of one square inch of flood opening is required per one square foot of the enclosed area subject to flooding.

c. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, piers, or other materials that extend below the BFE. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

d. Any building utility systems within the crawlspace must be elevated above the BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

e. The interior grade of a crawlspace below the BFE must not be more than two feet below the LAG.

f. The height of the below-grade crawlspace, measured from the lowest interior grade of the crawlspace floor to the bottom of the floor joist of the next higher floor cannot exceed four feet at any point.

g. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.

h. Buildings with below-grade crawlspaces will have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the LAG.

(f) Manufactured homes.

1. Require that all manufactured homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

2. Require that manufactured homes that are placed or substantially improved within Zone AE on the community’s FIRM on sites: outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

3. All AE Zones require that manufactured homes to be placed or substantially improved in an existing manufactured home park to be elevated so that the lowest floor is at or above the base flood elevation; or the chassis is supported by reinforced piers no less than 36 inches in height above grade and securely anchored.

(g) Recreational vehicles. Require that recreational vehicles placed on sites within Zone AE on the community’s FIRM either:

1. Be on the site for fewer than 180 consecutive days unless the community has elected a higher standard option and be fully licensed and ready for highway use;

a. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions; or

2. Meet the permit requirements of division (F)(3) above, and the elevation and anchoring requirements for manufactured homes of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(3) Standards for subdivision proposals.

(a) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with the provisions of this section.

(b) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(c) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet development permit requirements of this section.

(d) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is less.

(e) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

(4) Floodways. Floodways located within areas of special flood hazard are extremely hazardous areas due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply:

(a) Designate a regulatory floodway which will not increase the base flood level more than one foot;

(b) Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase greater than 0.00 feet, unless higher standard option selected, in flood levels within the community during the occurrence of the base flood discharge;

(c) All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division (G); and

(d) Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA.

(5) Certification. It is hereby found and declared by the county that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this section become effective immediately.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 13; Ord. 19-01, passed 4-9-2019)

§ II-6.013 WSS - WHITEWOOD SUPERFUND SITE DISTRICT.

(A) General.

(1) The intent of the WSS - Whitewood Superfund Site District is to minimize risk to individuals from arsenic at the site, with the assistance of the county, Homestake Mining Company (HMC), Environmental Protection Agency (EPA), and the State Department of Environment and Natural Resources (DENR).

(2) The information provided within this section and within the Whitewood Creek Tailings Area Building Permit Handbook is offered as part of the remediation requirements for the Whitewood Creek Superfund Site, which is located in the county. This section is intended to remind site residents about the EPA site remedy, and to identify precautions that should be taken by a site resident to continue to protect their health and safety.

(3) This section provides county staff and landowners in the Whitewood Creek Tailings area with guidance on how to proceed with residential construction. It also details those activities prohibited or restricted by land use ordinances applicable to the area.

(4) The Whitewood Superfund Site only applies to the area as described in Figure 1, as shown below.

(B) Site remedy.

(1) Two soil types were identified by the EPA as potentially presenting risks. Tailings deposits were tailings that were actively deposited in the old stream bed and floodplain. Tailings impacted soil areas are soils that were impacted by wind-blown tailings from the stream bed and floodplain.

(2) EPA chose a twofold remedy for the Whitewood Creek Superfund Site:

(a) Existing residential yards containing tailings deposits or tailings impacted soils were cleaned up in 1991 and 1992 by removing these materials or covering them with clean soil; and

(b) County ordinances were adopted to minimize exposure to tailings deposits and tailings impacted soils in future development. In addition, an existing state rule prohibiting shallow well construction in the Whitewood Creek floodplain has been continued.

(1) Residential and commercial (non-agriculture) development on tailings deposits is prohibited.

(2) Residential development is only allowed in tailings impacted soil areas once the owner has remediated the soils, and only in areas that have soil arsenic levels below 100 parts per million based on an appropriate sampling program, as outlined on Page 3 of the Whitewood Creek Tailings Area Building Permit Handbook - Building Restricted On Tailings Impacted Soils.

(3) Excavation of tailings materials and use of tailings materials outside of the tailings deposits is prohibited. (Mining of the tailings is allowed subject to the regulations of the individual county, the state, and applicable federal requirements.)

(4) Importation of tailings deposits or tailings impacted soils to residential yards is prohibited (e.g., these materials cannot be used for driveways or as fill in yards or gardens).

(5) The construction of shallow wells within the tailings deposits is prohibited by state law, ARSD 74:02:04:26.

(6) Please refer to the County Zoning Map in the County Planning and Zoning Department for a general outline of the area. This map identifies tailings deposits and tailings impacted soils.

(D) Site residents’ roles. Residents have an important role in implementing the remedy and minimizing risk. Site residents are asked to do the following:

(1) Notify Homestake Mining Company if floodwaters reach residential yards within the site;

(2) Notify potential property owners about the Whitewood Creek Superfund Site and provide them with this section. The assistance of site residents is necessary to educate potential property owners, as warning signs and deed restrictions were not included in the remedy in response to public comment;

(3) Contact the County Planning and Zoning Department prior to any construction on your property; and

(4) Notify Homestake Mining Company if you are aware of any planned building activities within the Whitewood Creek Superfund Site.

(E) Site documents and contacts.

(1) Documents regarding the former Whitewood Creek Superfund Site, including the record of decision and consent decree, are available for public review at the County Register of Deed’s office, 90 Sherman Street, Deadwood, SD 57732. The phone number is (605) 578-3930.

(2) For detailed information on the requirements for construction in the Whitewood Creek Superfund Site District, you will need to refer to the Whitewood Creek Tailings Area Building Permit Handbook on file in the County Planning and Zoning Department. This handbook is available in order to help guide the landowner to meet all of the requirements of the WSS prior to the county issuing a building permit. All of the information provided will be reviewed by the County Planning Department, as well as Homestake Mining Company. Be advised, the building permit process in this designated zoning district will take longer than the designated five days as stated on building permit applications.

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

FIGURE 1. WHITEWOOD CREEK SUPERFUND SITE

Lawrence County Unincorporated
City Zoning Code

CHAPTER 6

DISTRICT REGULATIONS

§ II-6.001 A-1 - GENERAL AGRICULTURE DISTRICT.

(B) Allowed uses. In A-1 - General Agriculture District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, and stick-built homes;

(2) Building eligibility on each quarter-quarter section is determined by the following conditions:

(a) There are no other dwellings on the quarter-quarter section;

(b) Approval has been granted by the appropriate governing entity for access to a public road;

(3) Transportation and utility easements and rights-of-way;

(4) On-premises signs, complying with Chapter 8 of this zoning title;

(5) Accessory uses and structures;

(6) Home occupations;

(7) Daycare, home;

(8) General ranching and farming;

(9) Harvesting;

(10) Forestry;

(11) Forest preserves;

(12) Commercial plant nurseries and greenhouses;

(13) Cemetery in conjunction with II-10.009;

(14) Pet cemetery in conjunction with II-10.009;

(15) Sod and tree farming;

(16) Grazing;

(17) Horticulture, viticulture, floriculture, and apiculture;

(18) Truck gardening;

(19) Roadside stands exclusive for sale of products raised on the premises;

(20) Noncommercial riding stables;

(21) Noncommercial indoor/outdoor arenas;

(22) Wild crop harvesting;

(23) Typical farm/ranch operation;

(24) Personal use mineral and sand, gravel, or rock extractive industry; and

(25) Fire stations.

(1) A small wind energy system is sited on at least 40 acres and meets the requirements of § II-10.001;

(2) Temporary uses in conjunction with § II-10.007;

(3) Personal use airstrip/heliport is allowed if sited on at least 160 acres and the location of airstrip/heliport is at least 500 feet from the outer perimeter of the 160 acre parcel; and

(4) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the A-1 - General Agriculture District under the provisions of Chapter 19 of this zoning title:

(1) Kennels, grooming, boarding, vet clinics, and animal shelters;

(2) Fairgrounds;

(3) Antennas, microwave and communication towers;

(4) Temporary second residence as per § II-10.010;

(5) Bed and breakfast;

(6) Specialty resort;

(7) Camp, day or youth;

(8) Commercial gun and archery ranges;

(9) Fish hatcheries;

(10) Mineral exploration;

(11) Mineral extraction;

(12) Light manufacturing;

(13) Commercial indoor/outdoor arenas;

(14) Commercial recreation facility;

(15) Commercial sawmill/molding mill;

(16) Campground;

(17) Commercial maintenance shop, welding shop, trucking, drilling, sheet metal;

(18) Microbrewery;

(19) Distiller, artisan;

(20) Airports with FAA regulations;

(21) Commercial feedlots;

(22) Livestock auction yards;

(23) Drilling for oil or natural gas;

(24) Small and large scale sand, gravel, or rock extraction;

(25) Utility substations;

(26) Small and large wind energy system per § II-10.001;

(27) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(28) Restricted use solid waste disposal facility;

(29) Commercial taxidermy;

(30) Retreat centers; and

(31) Cemetery, church adjunctive in conjunction with II-10.009.

(E) Density, setback(s), and lot requirements.

General Requirements
Density/minimum lot size	40 acre(s)*
Front, side, and rear yard(s) setbacks	25’**
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 1 residence per 40 acres. The minimum lot size shall be 40 acres unless it is a preexisting lot of record. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of-way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers, silos).

§ II-6.002 A-2 - RESIDENTIAL AGRICULTURE DISTRICT.

(B) Allowed uses. In A-2 - Residential Agriculture District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to: modular homes; manufactured homes; mobile homes; and stick-built homes;

(2) Transportation and utility easements and rights-of-way;

(3) On-premises signs, complying with Chapter 8 of this zoning title;

(4) Fire stations;

(5) Accessory uses and structures;

(6) Home occupations;

(7) Daycare, home;

(8) General ranching and farming;

(9) Harvesting;

(10) Forestry;

(11) Forest preserves;

(12) Non-retail plant nurseries and greenhouses;

(13) Cemetery in conjunction with II-10.009;

(14) Pet cemetery in conjunction with II-10.009;

(15) Sod and tree farming;

(16) Grazing;

(17) Horticulture, viticulture, floriculture, and apiculture;

(18) Truck gardening;

(19) Roadside stands exclusive for sale of products raised on the premises;

(20) Noncommercial riding stables;

(21) Noncommercial indoor/outdoor arenas; and

(22) Wild crop harvesting.

(1) Temporary uses in conjunction with § II-10.007; and

(2) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the A-2 - Residential Agriculture District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(2) Roadside stands;

(3) Bed and breakfast;

(4) Specialty resort;

(6) Water treatment, purification, storage, pumping, solid waste disposal sites;

(7) Commercial indoor/outdoor arenas;

(8) Commercial sawmill/molding mill;

(9) Personal use mineral and sand, gravel, or rock extractive industry;

(10) Small and large wind energy systems per § II-10.001;

(11) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(12) Commercial recreation facility;

(13) Cemetery, church adjunctive in connection with II-10.009;

(14) Microbrewery; and

(15) Distiller, artisan.

(E) Density, setback(s), and lot requirements.

General Requirements
Density/minimum lot size	10 acre average and 8 acre minimum*
Front, side, and rear yard(s) setbacks	25’**
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 4 residences per a quarter of a quarter-section of land (1/16 of 640 acres or 40 acres or a government lot), unless it is a preexisting lot of record. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

§ II-6.003 PF - PARK FOREST DISTRICT.

(A) General. The intent of the PF - Park Forest District is to provide a district with an area to be preserved for its natural beauty, resources, and open character.

(B) Allowed uses. In PF - Park Forest District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, and stick-built homes;

(2) Transportation and utility easements and rights-of-way;

(3) On-premises signs, complying with Chapter 8 of this zoning title;

(4) Historical monuments and structures;

(5) Fire stations;

(6) Accessory uses and structures;

(7) Home occupations;

(8) Daycare, home;

(9) General ranching and farming;

(10) Harvesting;

(11) Forestry;

(12) Forest preserves;

(13) Personal use plant nurseries and greenhouses;

(14) Personal use airstrip/heliport;

(15) Cemetery in conjunction with II-10.009;

(16) Pet cemetery in conjunction with II-10.009;

(17) Sod and tree farming;

(18) Grazing;

(19) Horticulture, apiculture, floriculture, and viticulture;

(20) Truck gardening;

(21) Noncommercial riding stables;

(22) Noncommercial indoor/outdoor arenas;

(23) Roadside stands exclusive for sale of products raised on the premises;

(24) Personal use mineral and sand, gravel, or rock extractive industry;

(25) Wild crop harvesting;

(26) Garage, private; and

(27) Typical farm/ranch operation.

(1) Temporary uses in conjunction with § II-10.007;

(2) Personal use airstrip/heliport is allowed if sited on at least 160 acres and the location of airstrip/heliport is at least 500 feet from the outer perimeter of the 160-acre parcel; and

(3) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the PF - Park Forest District, under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Kennels, grooming, boarding, vet clinics, and animal shelters;

(3) Home occupations that may constitute a public nuisance;

(4) Churches, religious structures;

(5) Cemetery, church adjunctive in conjunction with II-10.009;

(6) Fairgrounds;

(7) Golf courses;

(8) Antennas, microwave and communication towers;

(9) Storage, outdoor;

(10) Storage, enclosed;

(11) Bed and breakfast;

(12) Specialty resort;

(13) Camp, day or youth;

(14) Gun and archery ranges;

(15) Water treatment, purification, storage, pumping, solid waste disposal sites;

(16) Assisted living facility;

(17) Daycare center, licensed;

(18) Mineral exploration;

(19) Mineral extraction;

(20) Light manufacturing when contained entirely in a building size constraint;

(21) Commercial riding stables;

(22) Commercial indoor/outdoor arenas;

(23) Commercial outdoor recreation, paintball, dude ranch, BMX track;

(24) Sawmill/molding mill;

(25) Campground;

(26) Airports with FAA regulations;

(27) Temporary second residence § II-10.010;

(28) Small and large wind energy systems per § II-10.001;

(29) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(30) Retail sales and trade;

(31) Small and large scale sand, gravel, or rock extraction;

(32) Commercial recreation facility;

(33) Restricted use solid waste disposal facility;

(34) Liquid and bulk propane storage yard;

(35) Microbrewery; and

(36) Distiller, artisan.

(E) Density, setback(s), and lot requirements.

General Requirements
Density/minimum lot size	5-acre average and 2-acre minimum*
Front, side, and rear yard(s) setbacks on lots over 2 acres	25’**
Front setback on existing lots under 2 acres	25'**
Side and rear yard(s) setbacks on existing lots under 2 acres	10'
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 8 single-family dwellings per 40 acres, which is an average lot size of 5 acres. Therefore, in order to have 2 lots you would need to have at least 10 acres of land in order to subdivide. Minimum lots size is 2 acres, which is allowed by clustering your total overall density in 1 area and leaving the rest as open space. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

§ II-6.004 RR - RURAL RESIDENTIAL DISTRICT.

(B) Allowed uses. In RR - Rural Residential District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, and stick-built homes;

(2) Transportation and utility easements and rights-of-way;

(3) Community signs/on-premises signs, complying with Chapter 8 of this zoning title;

(4) Historical monuments and structures;

(5) Garage, private;

(6) Accessory uses and structures;

(7) Home occupations;

(8) Daycare, home;

(9) Public parks and playgrounds;

(10) General ranching and farming;

(11) Forestry;

(12) Forest preserves;

(13) Personal use plant nurseries and greenhouses;

(14) Sod and tree farming;

(15) Noncommercial riding stables;

(16) Noncommercial indoor/outdoor arenas;

(17) Raising of farm animals or poultry as long as they do not constitute a public nuisance; and

(18) Fire station.

(1) Temporary uses in conjunction with § II-10.007; and

(2) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the RR - Rural Residential District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Storage, outdoor;

(4) Storage, enclosed;

(5) Bed and breakfast;

(6) Specialty resort;

(7) Assisted living center;

(8) Daycare, center;

(9) Golf courses or country clubs, but not including miniature courses and driving tees not operated for commercial purposes;

(10) Small and large wind energy systems per § II-10.001;

(11) Personal use airstrip/heliport if the location of airstrip/heliport is at least 500 feet from the outer perimeter of the parcel(s);

(12) Commercial recreation facility; and

(13) Small and large scale sand, gravel, or rock extraction.

(E) Density, setback, and lot requirement.

General Requirements
Density/minimum lot size	5-acre average and 2-acre minimum*
Front, side, and rear yard(s) setback over 2 acres	25’**
Front setback on existing lots under 2 acres	25'**
Side and rear yard(s) setbacks on existing lots under 2 acres	10'
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 8 single-family dwellings per 40 acres, which is an average lot size of 5 acres. Therefore, in order to have 2 lots you would need to have at least 10 acres of land in order to subdivide. Minimum lots size is 2 acres, which is allowed by clustering your total overall density in 1 area and leaving the rest as open space. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 4; Ord. 16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 17-01, passed 5-1-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.005 SRD - SUBURBAN RESIDENTIAL DISTRICT.

(B) Allowed uses. In SRD - Suburban Residential District, the following uses are allowed:

(1) Single-family dwellings including, but not limited to, modular homes, manufactured homes, mobile homes, stick-built homes, twin homes, and townhomes;

(2) Multi-family dwellings including, but not limited to, condominiums, apartments;

(3) Transportation and utility easements and rights-of-way;

(4) On-premises signs, complying with Chapter 8 of this zoning title;

(5) Accessory uses and buildings provided such uses are incidental to the principal use and do not constitute a public nuisance;

(6) Home occupations;

(7) Daycare, home;

(8) Public parks and playgrounds;

(9) Schools; and

(10) Fire stations.

(1) Temporary uses in conjunction with § II-10.007;

(3) Guest houses in conjunction with § II-10.012.

(D) Conditional uses. The following uses may be allowed in the SRD - Suburban Residential District, under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Grooming, vet clinics (excluding boarding);

(3) Churches, religious structures;

(4) Agricultural tourism product(s) stand exceeding 400 square feet in area;

(5) Bed and breakfast;

(6) Hall or lodge;

(7) Assisted living center;

(8) Group home;

(9) Family care facility;

(10) Daycare center, licensed;

(11) Daycare, group family home;

(12) Plant nurseries;

(13) Mobile home park in conjunction with II-10.004;

(14) Small wind energy systems per § II-10.001;

(15) Farmers’ market;

(16) Raising of poultry or livestock; and

(17) Small and large scale sand, gravel, or rock extraction.

(E) Density, setbacks, and lot requirements.

General Requirements
Density/minimum lot size	2 acre(s)*
Front yard setback	25’**
Side and rear yard(s) setbacks	10'**
Lot width	None
Maximum height	35’***
Table notes: : The maximum average density shall be 1 residence per lot. Additionally, those lots served by a sanitary sewer system or approved alternate centralized system, and served by a central or public water system shall not be less than 8,000 square feet. All sanitary sewer systems or other methods of sewage disposal must be approved by the County Commission, appropriate state agencies, and sanitary districts if applicable. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. A front setback will be used when it fronts a road right-of-way. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of-way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 5; Ord.16-01, passed 6-3-2016; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.006 GC - GENERAL COMMERCIAL DISTRICT.

(A) General.

(1) The GC - General Commercial District is a limited application zoning which occurs primarily in St. Onge and Nemo.

(B) Allowed uses. In GC - General Commercial District, the following uses are allowed:

(1) Transportation and utility easements and rights-of-way;

(2) On-premises signs, complying with Chapter 8 of this zoning title;

(3) Retail sales and trade;

(4) Commercial recreation facility;

(5) Public buildings and grounds other than schools;

(6) Public service structures such as police stations, fire stations, and post offices;

(7) Funeral homes/mortuary;

(8) Auditoriums, libraries, art galleries, museums, and other cultural structures;

(9) Community centers;

(10) Churches, religious structures;

(11) Parking lots and parking garages;

(12) Daycare, group;

(13) Daycare center, licensed;

(14) Daycare, group family home;

(15) Car wash;

(16) Historical monuments and structures; and

(17) Nursery or greenhouse.

(D) Conditional uses. The following uses may be allowed in GC - General Commercial District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards, complying with Chapter 8 of this zoning title;

(4) Light manufacturing;

(5) Kennels, animal hospitals;

(6) Automobile sale and automobile service stations;

(7) Commercial nursery or greenhouse;

(8) Microbrewery; and

(9) Distiller, artisan.

(E) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setback	25’**
Lot width	None
Maximum height	35’***
Side and rear yard setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback form the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers)

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shielded downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 6; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.007 RC - RECREATION COMMERCIAL DISTRICT.

(1) Residential usage shall be limited to one dwelling for the owner or manager of an enterprise;

(2) Transportation and utility easements and rights-of-way;

(3) Accessory uses and structures;

(4) Public parks and playgrounds;

(5) On-premises signs complying with Chapter 8 of this zoning title;

(6) Forest reserve;

(7) Retail sales and trade providing recreation goods, services, and activities;

(8) Public service structures such as police stations, fire stations, and post offices;

(9) Commercial recreation facility;

(10) Campgrounds;

(11) Golf course;

(12) Historic monuments and structures;

(13) Roadside stands/vendor space; and

(14) Apartments/condos/multi-family if on a community type sewer and water system.

(D) Conditional uses. The following uses may be allowed in the RC - Recreation Commercial District under the provisions of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this zoning title;

(4) Private outdoor recreation facility;

(5) Camp, day or youth;

(6) Commercial riding academies, arenas, stables;

(7) Fairgrounds;

(8) Gas station, convenience store;

(9) Small wind energy systems per § II-10.001; and

(10) Small and large scale sand, gravel, or rock extraction.

(E) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setback	25’**
Lot width	None
Maximum height	35’***
Side and rear yard setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 7; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 22-04, passed 4-11-2023)

§ II-6.008 HSC - HIGHWAY SERVICE-COMMERCIAL DISTRICT.

(B) Allowed uses. In HSC - Highway Service-Commercial District, the following uses are allowed:

(1) Transportation and utility easements and rights-of-way;

(2) Accessory uses and structures;

(3) Public parks and playgrounds;

(4) Public parks and playgrounds;

(5) On-premises signs complying with Chapter 8 of this zoning title;

(6) Garage, public;

(7) Garage, storage;

(8) Storage, outdoor;

(9) Storage, enclosed; and

(10) Public service structures such as police stations, fire stations, post offices.

(1) Non-alcoholic beverage and food stand permit in conjunction with § II-10.014.

(D) Conditional uses. The following may be allowed in HSC - Highway Service-Commercial District under the provision of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this zoning title;

(4) Golf driving ranges;

(5) Drive-in theaters;

(6) Light manufacturing and fabricating;

(7) Kennels, animal hospitals;

(8) Campgrounds/RV parks;

(9) Commercial recreation facility;

(10) Small wind energy systems per § II-10.001;

(11) Small and large scale sand, gravel, or rock extraction; and

(12) Liquid and bulk propane storage yard;

(13) Specialty resort;

(14) General manufacturing;

(15) Microbrewery; and

(16) Distillery, artisan.

(E) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setback	25’**
Lot width	None
Maximum height	35’***
Side and rear yard(s) setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **: Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property direct light away from adjoining properties.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

§ II-6.009 C/LI - COMMERCIAL/LIGHT INDUSTRIAL DISTRICT.

(B) Allowed uses. In C/LI - Commercial/Light Industrial District, the following uses are allowed:

(1) Transportation and utility easements and rights-of-way;

(3) Retail sales and trade;

(4) On-premises signs complying with Chapter 8 of this zoning title;

(5) Public service structures such as police stations, fire stations, post offices;

(7) Accessory buildings and uses;

(8) Automobile storage yard;

(9) Public utility mains, lines, and underground facilities;

(10) Automobile service station;

(11) Wholesale merchandising; trade;

(12) Contractors shop and storage yard;

(13) Light manufacturing and fabricating;

(14) Well-drilling businesses and accessory exterior equipment and material storage;

(15) Business or professional offices;

(17) Auction house, except livestock;

(18) Tire recapping and re-treading;

(19) Water treatment, purification, storage, and pumping;

(20) Freight or truck yard and terminal;

(21) Distillation of products;

(22) Cannabis dispensary (subject to § II-10.013 "Additional Use Regulations");

(23) Garage, public;

(24) Garage, storage;

(25) Garage, outdoor;

(26) Storage, enclosed;

(27) Brewery; and

(28) Distiller, artisan.

(1) Temporary uses in conjunction with § II-10.007; and

(2) Adult oriented business in conjunction with § II-10.005.

(D) Use limitations.

(1) All permitted uses of an industrial nature shall be operated entirely within an enclosed structure.

(2) Noise, dust, odor, and glare shall be completely confined within an enclosed building.

(3) Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compacted gravel, or equivalent surfacing.

(4) Outdoor storage areas shall be concealed and screened from view from abutting streets and highways, and from adjoining residential zoning districts by fencing and landscaping.

(5) No merchandise shall be displayed for sale (except for advertising purposes) nor shall any outdoor storage areas be permitted in any required front yard unless first approved.

(6) No loading dock or loading area shall extend into a dedicated street or highway right-of-way.

(E) Conditional uses. The following uses may be allowed in the C/LI - Commercial/Light Industrial District under the provision of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this title;

(4) Bulk storage;

(5) Frozen food locker, provided no slaughtering of animals;

(6) Vocational uses;

(7) General manufacturing;

(8) Salvage or junkyard in conjunction with II-10.008;

(9) Daycare center, licensed only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

(10) Small wind energy systems per § II-10.001; and

(11) Small and large scale sand, gravel, or rock extraction.

(F) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setbacks	25’**
Lot width	None
Maximum height	35’***
Side and rear yard(s) setbacks	0’
Table notes: * Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. On land with both public water and public sewer facilities - no minimum requirement. From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. *Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation (e.g., telecommunication towers, wind energy systems, water towers).

(2) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, and shall be properly maintained in a sightly and well-kept condition.

(3) Noise, odor, glare, and vibration. Noise, odor, glare, and vibration shall not be discernible to an objectionable degree beyond the property lines where the condition emanates.

(4) Exterior lighting. Any lights used for exterior illumination shall shield downthrow lighting onto subject property.

(5) Smoke, dust, fumes, or gases. Smoke, dust, fumes, or gases shall not be emitted at any point in concentrations of amounts that are noxious, toxic, or corrosive.

(Ord. 14-01, passed 6-6-2014, Ch. 6, Art. 9; Ord. 16-03, passed 7-21-2017; Ord. 19-01, passed 4-9-2019; Ord. 21-04, passed 9-7-2021; Ord. 22-04, passed 4-11-2023)

§ II-6.010 I-1 - GENERAL INDUSTRY DISTRICT.

(A) General. The intent of the I-1 - General Industry District is to provide a district that will allow areas in the county to be used for industrial purposes.

(B) Allowed uses.

(1) In I-1 - General Industry District, the following uses are allowed:

(a) On-premises signs complying with Chapter 8 of this zoning title;

(b) Retail sales or trade only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

(d) Automobile storage yard;

(e) Manufacturing, requiring yard storage, and fabrication;

(f) Wholesaling, requiring yard storage and assembly;

(g) Warehousing, requiring yard storage;

(h) Building material sales yard and lumber yard;

(i) Tire recapping and retreading;

(j) Water treatment, purification, storage, and pumping;

(k) Contractors equipment storage yard or plant, or rental of heavy equipment;

(l) Bulk storage;

(m) Processing of junk, waste, discarded, or salvaged materials, machinery, or equipment, including automobile wrecking or dismantling;

(n) Automobile service station;

(o) Power plants;

(p) Concrete batch plant, transit mix plant, and asphalt plant;

(q) Concrete block, precast concrete, and prestressed concrete fabrication and storage;

(r) Structural and reinforcing steel fabrication, welding, and storage;

(s) Grain elevators;

(t) Electrical generation facilities;

(u) Auction houses not for the sale of livestock; and

(v) Commercial sawmill/molding mill.

(1) All permitted uses shall be operated entirely within an enclosed structure.

(2) Noise, dust, odor, and glare shall be completely confined within an enclosed building.

(3) Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compacted gravel, or equivalent surfacing.

(4) Outdoor storage areas shall be concealed and screened from view from abutting streets and highways, and from adjoining residential zoning districts by fencing and landscaping.

(5) No merchandise shall be displayed for sale (except for advertising purposes) nor shall any outdoor storage areas be permitted in any required front yard.

(6) No loading dock or loading area shall extend into a dedicated street or highway right-of-way.

(E) Conditional uses. The following may be allowed in I-1 - General Industry District under the provision of Chapter 19 of this zoning title:

(1) Utility substations;

(2) Antennas, microwave and communication towers;

(3) Off-premises signage, billboards complying with Chapter 8 of this zoning title;

(4) Vocational schools;

(5) Solid waste disposal site;

(6) Distillation of products;

(7) Tank farm, petroleum products terminal;

(8) Salvage or junkyard in connection with II-10.008;

(9) Daycare center, licensed only when it directly serves or is auxiliary to the needs of industrial plants or employees thereof;

(10) Slaughter of animals, including poultry killing or dressing;

(11) Small wind energy systems per § II-10.001; and

(12) Small and large scale sand, gravel, or rock extraction.

(F) Density, setbacks, lot, and other requirements.

(1) General requirements.

General Requirements
Density/minimum lot size	2 acre(s) with residence and 1 acre without residence*
Front yard setbacks	25’**
Lot width	None
Maximum height	35’***
Side and rear yard(s) setbacks	0’
Table notes: : Minimum lot size shall be 2 acres if a residence is on the property. If no residence is located on the property, the minimum lot size is 1 acre, unless a central sewer and water system are in place and parking can adequately be handled on less, and it is approved by the County Commission. On land with both public water and public sewer facilities - no minimum requirement. : From all lot lines and any road right-of-way, except as approved pursuant to a variance. All section lines shall be required to have a 25 foot setback from the edge of the section line right-of- way. **Shall not exceed 3 stories, except as approved pursuant to a variance or otherwise specifically exempted from this limitation(e.g., telecommunication towers, wind energy systems, water towers).