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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)
The following considerations shall be employed when acting upon requests for conditional uses:
(a) The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be generally compatible with adjacent properties and other properties in the district;
(b) Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood;
(c) The effects of noise, odor, traffic, air and water pollution and other negative factors shall be eliminated or controlled through the use of screening, setbacks and orientation; and
(d) The proposed use shall not adversely affect the public.
(1992 Code, App. C, § 19.07) (Ord. 20-02, passed 3-18-2002)
No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same of substantially the same property as that which has been denied by the planning commissions or the board of county commissioners and city council shall be again considered by the planning commissions before the expiration date of six months from the date of the final action on the application.
(1992 Code, App. C, § 19.08) (Ord. 20-02, passed 3-18-2002)
If the planning director finds that at any time that the terms, conditions or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the planning director shall report this fact to the permittee, landowner, and/or operator and the county and city planning commissions. The county and city planning commissions may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, make a recommendation to the board of county commissioners and the city council for their consideration and action. The board of county commissioners and the city council may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions or requirements of the permit.
(1992 Code, App. C, § 19.09) (Ord. 20-02, passed 3-18-2002)
AMENDMENTS TO THE REGULATIONS
(a) Any person, firm or corporation desiring a change in regulations, restrictions or boundaries of the zoning map of any property from one zoning district classification to another zoning district classification, shall make application for the change to the Minnehaha County planning department. The application shall be provided by the department and be completed in full by the applicant.
(b) The board of county commissioners and the city council may from time to time on their own motion, after public notice and hearing, and after a report by the planning commissions amend, supplement, or change the boundaries or regulations herein or subsequently established.
(1992 Code, App. C, § 20.01) (Ord. 20-02, passed 3-18-2002)
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