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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)
Upon the filing of any application for a zoning district classification change, the applicant shall pay to Minnehaha County the appropriate fee as designated in §§ 159.445 through 159.452. These fees shall be utilized to help defray necessary administrative costs of processing the application as required, including publication and printing of required notices.
(1992 Code, App. C, § 20.02) (Ord. 20-02, passed 3-18-2002)
Upon the filing of an application for a request of zoning district classification change, the Minnehaha County planning department shall set a date for public hearing, at which time and place the county and city planning commissions shall meet jointly to consider the zoning classification changes.
(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) Recommendations from planning commissions. The county and city planning commissions shall, respectively, make a recommendation to the board of county commissioners and city council on those applications for zoning district classification changes which have been considered and all other amendments to these regulations.
(1992 Code, App. C, § 20.03) (Ord. 20-02, passed 3-18-2002)
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