§ 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)