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)