Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Off parking and loading areas where required; with particular attention to the items in (A) above and the economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district; Refuse and service areas, with particular reference to the items in (A) and (B) above; Utilities, with reference to locations, availability, and compatibility; Screening and buffering with reference to type, dimensions, and character; Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district; Required yards and other open spaces; and General compatibility with adjacent properties and other property in the district and that the granting of the conditional use will not adversely affect the public interest. Section 1607 Variances The Planning Commission shall have the power to hear requests for variances from this Ordinance in instances where strict enforcement would cause unnecessary hardship, and to recommend approval only in accordance with this ordinance. The Commission shall not review a variance unless and until all documents required for application for said request have been satisfactorily completed and all required fees have been paid in full. No such variance shall be recommended for approval by the Planning Commission unless it finds: The strict application of the ordinance would produce undue hardship; Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the of the variance; and
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Off parking and loading areas where required; with particular attention to the items in (A) above and the economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the district; Refuse and service areas, with particular reference to the items in (A) and (B) above; Utilities, with reference to locations, availability, and compatibility; Screening and buffering with reference to type, dimensions, and character; Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district; Required yards and other open spaces; and General compatibility with adjacent properties and other property in the district and that the granting of the conditional use will not adversely affect the public interest. Section 1607 Variances The Planning Commission shall have the power to hear requests for variances from this Ordinance in instances where strict enforcement would cause unnecessary hardship, and to recommend approval only in accordance with this ordinance. The Commission shall not review a variance unless and until all documents required for application for said request have been satisfactorily completed and all required fees have been paid in full. No such variance shall be recommended for approval by the Planning Commission unless it finds: The strict application of the ordinance would produce undue hardship; Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the of the variance; and
Brule_County_Zoning_Ordinance_AMM_2015.docx