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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)
The board of county commissioners and the city council shall jointly conduct a public hearing to act on all applications which have been processed and forwarded to them for public hearing as provided in these regulations. The county auditor shall cause to be published a notice of the time and place when and where all persons interested shall be given a full, fair and complete hearing.
(a) Supplementary notice. Supplementary to the published notice, 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. Upon the day of the public hearing, the board of county commissioners and the city council shall review the decisions and recommendations of their respective planning commissions on all applications coming before them as provided in these regulations. The board of county commissioners and the city council must each vote in favor of the proposed action before any changes or modifications are made in the regulations, restrictions or zoning map.
(c) Protest. Twenty days after publication of the board of county commissioners’ and city council’s approval, the zoning district classification change shall take effect unless the referendum be invoked, or 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 from any part of the proposed district. 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 ordinance shall not become effective unless the ordinance is approved by a resolution by two-thirds of the board of county commissioners and two-thirds of the city council.
(1992 Code, App. C, § 20.04) (Ord. 20-02, passed 3-18-2002)
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