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)