(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