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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)
(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
(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)
(1992 Code, App. C, § 19.02) (Ord. 20-02, passed 3-18-2002)
(a) Except when waived by the planning director, each application for a conditional use permit shall be accompanied by a site plan showing the following information:
(1) The legal description of the property;
(2) The name of the project and/or business;
(3) The scale and north arrow;
(4) All existing and proposed buildings and additions;
(5) Dimensions of all buildings;
(6) Distance from all building lines to the property lines at the closest points;
(7) Building height and number of stories;
(8) Dimensions of all property lines;
(9) Parking lot or spaces, designating each space, lot dimensions, stalls and aisles;
(10) Screening; showing the height, location and type of material to be used; and
(11) Name and location of all adjacent roads, waterways and other public places.
(b) Any conditional use permit which has been approved shall conform in all ways to the site plans submitted. In the event that changes have been stipulated on the plan as part of the approval of the conditional use permit, the conditional use permit shall conform to the plan in all ways except for the stipulated changes.
(1992 Code, App. C, § 19.03) (Ord. 20-02, passed 3-18-2002)
Upon the filing of an application for a conditional use permit, the planning director shall set a date for public hearing, at which time and place the county and city planning commissions shall jointly meet to consider the conditional use permit request.
(a) Signs. A sign(s) to be provided by the Minnehaha County planning department shall be posted on the property at least five days prior to the scheduled hearing.
(b) Action. At the joint meeting, the county and city planning commissions shall decide whether to grant the conditional use permit with those conditions and safeguards as are appropriate or to deny the conditional use permit when not in harmony with the purpose and intent of these regulations. The decision of the planning commissions shall be final unless an appeal is filed in accordance with § 159.394. In the event the planning commissions are not in agreement on a decision whether to grant a conditional use permit, the following shall apply:
(1) When one planning commission votes to grant a conditional use permit and the other planning commission votes to deny, the permit is deemed to be denied and the petitioner may appeal the decision to the governing bodies in accordance with § 159.394;
(2) When both planning commissions vote to grant a conditional use permit but the conditions are not identical, the application shall be presented to a joint meeting of the county commission and city council for final action. The requirements of § 159.394 shall apply; and
(3) When one or the other planning commission votes to defer action on a conditional use permit, the application shall be considered at a future joint meeting of the planning commissions.
(1992 Code, App. C, § 19.04) (Ord. 20-02, passed 3-18-2002; Ord. 100-03, passed 10-20-2003)
The decision rendered by the planning commissions on a conditional use permit may be appealed to the board of county commissioners and the city council. To appeal the decision of the planning commissions, the applicant or any other person aggrieved by the decision shall file a written appeal with the Minnehaha County planning department within five working days of the planning commissions’ decision.
(1992 Code, App. C, § 19.04A) (Ord. 20-02, passed 3-18-2002)
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