(A) Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
(B) Permit required. No person shall operate a temporary use without first obtaining a permit therefore from the County Planning Department as prescribed in this section. If an objection is filed pursuant to division (F) of this section or if the County Planning Department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the Planning Commissions for action. A date for public hearing shall be set at which time the County and City Planning Commissions shall meet jointly to consider the application. At the joint meeting, the Planning Commissions shall decide by a vote of each body whether to grant the temporary use permit. When the Planning Commissions are not in agreement, the application shall be considered denied.
(C) Applications.
(1) Submission deadline. All applications for a temporary use permit shall be made to the County Planning Department at least 60 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) Temporary use plan.
(a) All temporary uses shall be subject to approval of a temporary use plan.
(b) The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(D) Fee. A fee of $50 shall accompany the application for a temporary use permit.
(E) Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:
(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.
(2) The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use.
(3) The site is adequate to accommodate the proposed use, including the provision for on and off site parking.
(4) Adequate sanitation facilities will be available on the site.
(5) The time period and hours of operation for the temporary use are clearly specified.
(6) Provision is made for the removal, cleanup, and restoration of the site.
(7) The temporary use will not adversely impact the natural environment.
(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property.
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county's building code.
(F) Notice. The County Planning Department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the Sioux Falls Planning Department. Such notice shall be sent at least 14 days before the County Planning Department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the County Planning Department makes its determination regarding the application, the application shall be referred to the Planning Commissions for action.
(G) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.
(H) Appeal of Planning Department or Planning Commission decision. Any person aggrieved by an action of the County Planning Department in granting, denying, revoking, or suspending a temporary use permit may appeal such action to the Planning Commissions. Such appeal shall be in writing and filed with the County Planning Department within five working days of the decision. The action of the Planning Commissions may be appealed to the Board of County Commissioners and City Council in the same manner.
(I) Hearing by Board and City Council. In the case of an appeal of a decision of the Planning Commissions, a date for public hearing shall be set at which time the Board of County Commissioners and City Council shall meet jointly to consider the temporary use application. At the joint meeting, the Board of County Commissioners and City Council shall decide by a vote of each body whether to grant the temporary use permit.
(J) Exemptions. The following uses shall not require a temporary use permit:
(1) Estate or real estate sales involving the property or items from the property where the sale is held.
(2) Garage, yard or rummage sales provided:
(a) Sales last not longer than three days;
(b) Sales are held no more than twice yearly;
(c) Sales are conducted on the owner's property or one of the owner's property in case of a multi-party sale.
(3) Weddings, purely social parties, or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved.