§ 152.048 SPECIAL USE PERMITS AND CONDITIONAL USE PERMITS.
   (A)   An application for a special use permit shall be submitted to the Board of Adjustment by filing a copy of the application with the Land Use Administrator.
   (B)   An application for a conditional use permit shall be submitted to the Board of Commissioners by filing a copy of the application with the Land Use Administrator.
   (C)   Subject to division (D) below, the Board of Adjustment shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:
      (1)   The requested permit is not within its jurisdiction according to the table of permissible uses, then the Board will apply the minimum ordinance standards for the use addressed by this chapter that is most closely related to the land use impacts of the proposed use and issue the zoning permit. The Board may ask the Land Use Administrator to initiate an ordinance amendment addressing such proposed use, provided that the drafting and adoption of said amendment will not cause unreasonable delay in the permitting or the proposed use;
      (2)   The application is incomplete; or
      (3)   If completed as proposed in the application, the development would not comply with one or more requirements of this chapter (not including the requirements that applicant is not required to comply with under the circumstances specified in §§ 152.170 through 152.182).
   (D)   Even if the permit-issuing Board (BOA or BOC) finds that the application complies with all other provisions of this chapter, then the permit-issuing Board may still deny the permit if, based upon the information submitted at the hearing, the proposed development is completed and said development more probably than not will:
      (1)   Materially endanger the public health or safety;
      (2)   Substantially injure the value of adjoining or abutting property;
      (3)   Not be in harmony with the area in which it is to be located; or
      (4)   Not be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the Board of Commissioners.
(Ord. passed 12-20-2001) Penalty, see § 152.999