§ 159.374 EXTENSION OR ENLARGEMENT.

   A nonconforming use shall not be enlarged, extended, converted, reconstructed or structurally altered unless the use is changed to a use permitted in the district in which the premises is located except that a conditional use permit may be authorized after the following criteria are given specific consideration:

   (a)   Effect on surrounding property values;

   (b)   The density of land use zoning for the subject and adjacent properties;

   (c)   The degree of hardship upon the applicant which would be caused by failure to grant the permit; and

   (d)   It can be demonstrated that it was the owner’s intent to use the entire premises for the use prior to the adoption, revision or amendment of this subchapter.

(1992 Code, App. C, § 18.05) (Ord. 20-02, passed 3-18-2002)

§ 159.375 RESTORATION AFTER DAMAGE.

   (a)   When the use of a building is nonconforming as defined by this subchapter and the building is damaged by a fire, explosion, act of God, or the public enemy to the extent of more than 60% of its fair market value, it shall not be restored except in conformity with the provisions of the district in which the building is located.

   (b)   Exception: Single-family dwellings may be restored if damaged less than 100%.

(1992 Code, App. C, § 18.06) (Ord. 20-02, passed 3-18-2002)

§ 159.376 DISCONTINUANCE OF NONCONFORMING USE.

   In the event that a nonconforming use is discontinued for more than one year, any subsequent use shall thereafter be in conformity with the regulations of the district in which it is located.

(1992 Code, App. C, § 18.07) (Ord. 20-02, passed 3-18-2002)

§ 159.377 EFFECT ON USE WHICH IS ILLEGAL UNDER PRIOR LAW.

   Nothing in this subchapter shall be interpreted as authorization for, or approval of, the continuance of the use of a premises in violation of zoning regulations in effect immediately prior to the effective date of this chapter.

(1992 Code, App. C, § 18.08) (Ord. 20-02, passed 3-18-2002)

§ 159.378 CONTINUATION OF NONSTANDARD USES.

   (a)   Nonstandard uses existing immediately prior to the effective date of this subchapter may be continued, although the uses do not conform to the provisions hereof.

   (b)   Nonstandard buildings or structures may be enlarged or extended, converted, reconstructed or structurally altered as follows:

      (1)   Enlargements, extensions, conversions or structural alterations may be made as required by law or ordinance;

      (2)   Structural alteration of buildings or structures may otherwise be made if the changes do not encroach into an existing front yard, side yard or rear yard which is less than the minimum required yards for the district in which they are located; and

      (3)   Enlargement, extension, conversion of buildings or structures may otherwise be made if the changes comply with the minimum required yards, lot area, height, landscaping, parking and density for the district in which they are located.

(1992 Code, App. C, § 18.09) (Ord. 20-02, passed 3-18-2002)

CONDITIONAL USE REGULATIONS

§ 159.390 APPLICATION TO THE COUNTY.

   (a)   Any person, firm or corporation desiring a conditional use permit in any zoning district shall file a written application with the Minnehaha County planning department requesting a conditional use permit.

   (b)   The application shall contain the following information:

      (1)   Legal description of the land on which the conditional use is requested;

      (2)   Name, address, phone number and signature of the owner of the property which is the subject of the application;

      (3)   Name, address and phone number of the person making the application if made by anyone other than the owner;

      (4)   Zoning district classification under which the property is regulated at the time of the application; and

      (5)   Any other information concerning the property as may be requested by the Minnehaha County planning department or the county and city planning commissions.

(1992 Code, App. C, § 19.01) (Ord. 20-02, passed 3-18-2002; Ord. 126-07, passed 7-16-2007)

§ 159.391 FEES.

   Upon the filing of any application for a conditional use permit, the applicant shall pay to Minnehaha County a fee as designated in §§ 159.445 through 159.452. This fee is utilized to help defray necessary administrative costs of processing the application as required.

(1992 Code, App. C, § 19.02) (Ord. 20-02, passed 3-18-2002)