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(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)
When an appeal has been filed in accordance with § 159.394 or the decision by each planning commission is not in agreement, the board of county commissioners and the city council shall jointly conduct a public hearing and take final action on the conditional use application.
(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) Hearing. At the public hearing, the board of county commissioners and city council shall review the decisions of the respective planning commissions on the applications coming before them. In making their determination of the applications, they need not be bound by the actions of the planning commissions.
(c) Action. The board of county commissioners and the city council shall decide whether to grant the conditional use permit with the 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 board and the city council, in making their determinations on the applications, may make changes in accordance with or in rejection or modification of the decisions of the respective planning commissions. In order for any conditional use permit to be approved, the board of county commissioners and the city council must each vote in favor of the application.
(d) Protest. The conditional use permit shall take effect 20 days after approval unless a written protest is filed with the county auditor, signed by at least 40% of the owners of equity in the lots or parcels located within 250 feet of the property granted a conditional use permit. A corporation shall be construed to be a sole owner; and when parcels of land are in the name of more than one person, ownership representation shall be in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the conditional use permit shall not become effective unless it is approved by two-thirds of the board of county commissioners and two-thirds of the city council.
(1992 Code, App. C, § 19.05) (Ord. 20-02, passed 3-18-2002)
(a) A conditional use permit which has been approved shall expire by limitation and become null and void if the building, work or use authorized by the conditional use permit is not commenced within one year from the date of approval. This provision shall not apply to a conditional use permit approved for a residential use in the A-1 or RC zoning districts.
(b) Upon written request to the planning director and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted by the planning director, subject to the following conditions:
(1) There was no public objection presented during the public hearing process for the original conditional use permit; and
(2) The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit.
(1992 Code, App. C, § 19.06) (Ord. 20-02, passed 3-18-2002)
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