Conditional Use Permits

Certain types of development or activities aren’t automatically allowed in a zoning

district. A Conditional Use Permit (CUP) is used to permit those developments or

activities that may be appropriate for the area, with additional conditions to protect

nearby properties and the community. There have been 501 CUPs issued in Lawrence

County since the creation of the zoning ordinances in 1974. Most allow businesses to

operate, but others allow activities such as having a second home outside of the

acreage requirement. There are a wide variety of uses that fall into the CUP category

for each of the zoning districts and can be found on the Lawrence County website.

The balance between private property rights and zoning can be difficult to achieve.

While landowners have a responsibility not to employ land uses that unreasonably

adversely affect their neighbors, the CUP process allows the Board of Adjustment (BoA)

to act as a third party to evaluate and mitigate concerns of the land use. Conditions are

added to a permit to address concerns such as use of roads, dust and noise mitigation,

hours of operation, compliance with septic requirements, lighting, emergency contacts

on premise, and weed control. After an application is submitted, the applicant must

notify surrounding neighbors located within 500 feet of the property by certified and

return receipt mail. Concerns are identified through a public hearing at a Planning and

Zoning board meeting, and a repeat of the notification and public hearing process is

held in front of the BoA.

If an application is approved, the CUP is reviewed annually to ensure the conditions are

being met. The county code enforcement officer contacts the CUP holder, visits the

CUP sites and reports their findings to the BoA. While the standard is an annual review,

the BoA may request more frequent reviews. If a citizen complaint is filed, county staff

investigates the CUP and determines the validity of the complaint and reports back to

the BoA. If the complaint is valid, the BoA can cancel the CUP or educate the CUP

holder on what needs to be done to comply with the conditions he/she agreed to. Some

long-term CUPs that have not had any violations or complaints are no longer subject to

annual reviews.

Lawrence County typically relies on the state and federal standards to govern any CUPs

that may have environmental concerns. A mining operation for example, is required to

have a mining license issued by South Dakota Department of Ag and Natural

Resources (DANR). DANR is responsible for establishing the standards the CUP

holder must follow and for any inspections that need to be conducted. Testing and

enforcing dust and noise standards are also the responsibility of DANR. This

relationship with DANR works well for the county because we don’t have staff with

proper training or equipment to administer the tests or set the environmental standards

consistent with the geology of the area. Even though we rely on DANR for the

environmental testing, the county has the ability to cancel the CUP if there is an

environmental violation of the conditions of the CUP.

Applying and receiving a CUP is neither a quick nor easy process. But it is a process

designed to fully vet and address any issues that may arise with a proposed land use

and allows a CUP to be cancelled if the conditions are not met.

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