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(A) Upon receipt of a formal application for a zoning permit, special use permit, conditional use permit, or minor plat approval the Land Use Administrator shall review the application and confer with the applicant to ensure that:
(1) The applicant understands the planning staff’s interpretation of the applicable requirements of this chapter;
(2) The applicant has submitted all information that he, she, or they intends to submit; and
(3) The application represents precisely and completely what the applicant proposes to accomplish.
(B) (1) If the application is for a special use permit or a conditional use permit, then the Land Use Administrator shall place the application on the agenda of a Board of Adjustment (special use permit) or Board of Commissioners (conditional use permit) meeting when the applicant indicates that the application is complete.
(Ord. passed 12-20-2001)
(A) A completed application for a zoning permit shall be submitted by filing a copy of the application with the Land Use Administrator.
(B) The Land Use Administrator shall issue the zoning permit unless, after reviewing the application and consulting with the applicant as provided in § 152.044, he, she, or they finds that:
(1) The requested permit is not within his, her, or their jurisdiction according to the table of permissible uses (see §§ 152.284 through 152.289) or a special use permit or conditional zoning is required, then the Land Use Administrator will apply the minimum ordinance standards for the use addressed by this subchapter that is most closely related to the land use impacts of the proposed use and issue the zoning permit. The Land Use Administrator may 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 of 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 of the requirements in this chapter (not including the applicable requirements if a variance had previously been granted, or those requirements that the applicant is not required to comply with under the circumstances specified in §§ 152.170 through 152.182).
(C) If the Land Use Administrator determines that the development for which a zoning permit is requested will have, or may have, substantial impact on surrounding properties, then the Land Use Administrator shall, at least ten days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within 150 feet of the property that is the subject of the application. The notice shall inform said persons that:
(1) An application has been filed for a permit authorizing identified property to be used in a specified way;
(2) All persons wishing to comment on the application should contact the Land Use Administrator by a certain date; and
(3) Persons wishing to be informed of the outcome of the application should send a written request for such notification to the Land Use Administrator.
(Ord. passed 12-20-2001) Penalty, see § 152.999
In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Land Use Administrator may authorize the commencement of the intended use or occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Land Use Administrator to ensure that all of the requirements of this chapter will be fulfilled within a reasonable period (not to exceed 12 months) as determined by the Land Use Administrator.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(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
(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
(A) The burden of presenting a complete application as described in § 152.043 to the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) shall be upon the applicant. The application shall be presumed to be complete unless, at the hearing, the permit-issuing authority informs the applicant that the application is incomplete, provides the reasons why the application is incomplete, and offers the applicant an opportunity to complete the application (either at that meeting or a continuation hearing).
(B) Once a completed application has been submitted, the burden of presenting sufficient evidence to lead the permit-issuing authority to conclude that said application should be denied for any reason stated in § 152.048(C) or (D) shall be upon the party or parties urging the denial, unless the information presented by the applicant in his, her, or their application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.
(C) (1) The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant.
(2) The burden of persuasion on the issue of whether the application should be turned down for any reasons set forth in § 152.048(C) rests on the party or parties urging that the requested permit should be denied.
(Ord. passed 12-20-2001)
(A) When presented to the Board of Adjustment at the hearing, the application for a special use permit shall be accompanied by a report setting forth:
(1) The planning staff’s proposed findings concerning the application’s compliance with § 152.043;
(2) Other requirements of this chapter; and
(3) Any staff recommendations for additional requirements to be imposed by the Board of Adjustment.
(B) If the staff proposes a finding or conclusion that the application fails to comply with § 152.043, or with any other requirement of this chapter, then the staff shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
(C) The applicant may submit reports, arguments, proposed findings, or other documents to the Land Use Administrator (on a schedule to be established by the Land Use Administrator) to be forwarded to the Board of Adjustment with the Land Use Administrator’s findings as required in division (A) above.
(Ord. passed 12-20-2001)
(A) Before being presented to the Board of Commissioners, an application for a conditional use permit shall be referred to the Planning Board for review and action in accordance with this section. The Board of Commissioners may not hold a public hearing on a conditional use permit application until the Planning Board has had an opportunity to consider the application (pursuant to standard agenda procedures) at one regular meeting. In addition, at the request of the Planning Board, the Board of Commissioners may continue the public hearing to allow the Planning Board more time to consider the application.
(B) When presented to the Planning Board, a conditional use permit application shall be accompanied by a report setting forth:
(1) The planning staff’s proposed findings concerning the application’s compliance with § 152.043;
(2) Other requirements of this chapter; and
(3) Any staff recommendations for additional requirements to be imposed by the Board of Commissioners. If the planning staff report proposes a finding or conclusion that the application fails to comply with § 152.043 or any other requirement of this chapter, then the report shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
(C) The applicant may submit reports, arguments, proposed findings, or other documents to the Land Use Administrator (on a schedule to be established by the Land Use Administrator) to be forwarded to the Board of Adjustment with the Land Use Administrator’s findings as required in division (A) above.
(D) The Planning Board shall consider the application and the attached staff report in a timely fashion, and will hear from the applicant or members of the public. (See § 152.136.)
(E) In response to the Planning Board’s recommendations, the applicant may modify this application prior to submission to the Board of Commissioners, and the planning staff may likewise revise its recommendations.
(Ord. passed 12-20-2001)
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