(A) The City Council may reject an application for any permit filed for a variance, conditional use or otherwise for the reasons and on the grounds set forth in SDCL § 1-40-27, as revised and amended. The Council that the applicant has engaged in the activity identified in the aforesaid statute shall base such rejection upon a specific finding. The burden on the Council to make the specific finding provided for herein shall be by a preponderance of the evidence.
(B) For purposes of this section a person shall be deemed an APPLICANT if they are the owner of the proposed facility; an officer or director of the owner thereof; or an owner of any interest in any company except a publicly traded company which is the owner of the proposed facility.
(Prior Code, § 16.28.08) (Ord. 737, passed - -; Ord. 800, passed - -)