§ 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

§ 152.049 BURDEN OF PRESENTING EVIDENCE AND PERSUASION.

   (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)

§ 152.050 RECOMMENDATIONS ON SPECIAL USE PERMIT APPLICATIONS.

   (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)

§ 152.051 PLANNING BOARD AND PLANNING STAFF RECOMMENDATIONS ON CONDITIONAL USE PERMIT APPLICATIONS.

   (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)

§ 152.052 BOARD OF COMMISSIONERS ACTION ON CONDITIONAL USE PERMITS.

   In considering whether to approve an application for a conditional use permit, the Board of Commissioners shall proceed according to the following format.

   (A)   (1)   The Board of Commissioners shall consider whether the application is complete.

      (2)   If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete), then this shall be taken as an affirmative finding by the Board of Commissioners that the application is complete.

   (B)   The Board of Commissioners shall consider whether the application complies with all of the applicable requirements of this chapter.

      (1)   If a motion to this effect passes, then the Board of Commissioners need not make further findings concerning such requirements.

      (2)   If such a motion fails or is not made, then a motion shall be made that the application be found not in compliance with one or more of the requirements of this chapter.

      (3)   Such a motion shall specify the particular requirements the application fails to meet.

      (4)   Separate votes may be taken with respect to each requirement not met by the application.

      (5)   It shall be conclusively presumed that, through this application process, the application complies with all requirements not found by the Board of Commissioners to be unsatisfied.

   (C)   If the Board of Commissioners concludes that the application fails to comply with one or more requirements of this chapter, then the application shall be denied.

      (1)   If the Board of Commissioners concludes that all such requirements are met, then the Board shall issue the permit unless the Board adopts a motion to deny the application for one or more of the reasons set forth in § 152.048.

      (2)   Such a motion shall state specific findings, based upon the evidence submitted, justifying the conclusion.

(Ord. passed 12-20-2001)