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(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)
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)
(A) In considering whether to approve an application for a special use permit, the Board of Adjustment (BOA) shall proceed in the same manner that the Board of Commissioners proceeds when considering an application for a conditional use permit applications. (See § 152.052.)
(B) When considering whether to approve an application for a special use, the BOA shall proceed according to the following format.
(1) The BOA shall consider whether the application is complete.
(a) If the BOA concludes an application is incomplete and the applicant refuses to provide the necessary information, then the application shall be denied.
(b) A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete.
(c) A motion to this effect, concurred by two members of the Board, shall constitute the BOA’s finding on this issue.
(d) If a motion to this effect is not made and concurred in by at least two members, then this shall be taken as an affirmative finding by the BOA that the application is complete.
(2) The BOA shall consider whether the application complies with all of the applicable requirements of this chapter.
(a) If a motion to this effect passes by the necessary four-fifths vote, then the BOA need not make further findings concerning such requirements.
(b) If such a motion fails to receive the necessary four-fifths vote or is not made, then a motion shall be made that the applicant be found not in compliance with one or more requirements of this chapter.
(c) Such a motion shall specify the particular requirements the application fails to meet.
(d) A separate vote may be taken with respect to each requirement not met by the application, and the vote of the number of members equal to more than one-fifth of the BOA membership (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the BOA.
(e) It shall be conclusively presumed that the application complies with all requirements not found by the BOA to be unsatisfied through this process.
(f) As provided in § 152.048, if the Board concludes that the application fails to meet one or more of the requirements of this chapter, then the application shall be denied.
(3) (a) If the BOA concludes that all such requirements are met, then it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in § 152.048.
(b) Such a motion shall state specific findings, based upon the evidence submitted, justifying the conclusion.
(c) Since such a motion is not in favor of the applicant, it is carried by a simple majority vote.
(Ord. passed 12-20-2001) Penalty, see § 152.999
(A) Subject to division (B) below, in granting special use permits or conditional use permits, the Board of Adjustment or Board of Commissioners, respectively, may attach to the permit such reasonable requirements (in addition to those specified in this chapter) to ensure that the development in its proposed location will:
(1) Not endanger the public health or safety;
(2) Not injure the value of adjoining or abutting property;
(3) Be in harmony with the area in which it is located; and
(4) Be in conformity with the land-use plan, thoroughfare plan, or other plan officially adopted by the Board of Commissioners.
(B) The permit-issuing board (BOA or BOC) may not attach additional conditions that modify or alter the specific requirements set forth in this chapter unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
(C) Without limiting the foregoing, the BOA or BOC may attach to a permit a condition limiting the permit for a specified duration.
(D) All additional conditions or requirements shall be included on the permit.
(E) All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter.
(F) A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any reason(s) as set forth in § 152.048.
(Ord. passed 12-20-2001)
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