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ARTICLE 8 SPECIAL USE PERMITS <br /> 410 ISSUE: In reviewing recent requests for the issuance of <br /> Special. Use Permits, members of the Board of <br /> Commissioners and Planning Board have expressed <br /> concern regarding the burden of proof in determining <br /> compliance with the General. Standards specified in <br /> Section 8.2 of Article B. The Ordinance provides <br /> that where the Board finds a preponderance of <br /> evidence to indicate compliance with the general <br /> standards, specific rules governing the specific use <br /> and that the use complies with all • required <br /> regulations and standards, the application must be <br /> approved unless the Board finds , in some specific <br /> manner, that the general standards have not been <br /> satisfied. Under the present Ordinance, the burden of <br /> proof rests primarily with those opposing the <br /> issuance of the Special Use Permit to prove that the <br /> general and/or specific standards have not been <br /> satisfied . <br /> The proposed amendment would require the Board to <br /> make specific findings that the genera ! standards <br /> have been met ; Those opposing the issuance of the <br /> Special Use Permit would continue to have the burden <br /> of proving that the general standards have not been <br /> satisfied. <br /> EXISTING ORDINANCE PROVISIONCSI : <br /> ARTICLE 8 SPECIAL USE PERMITS <br /> 8.2 General Standards <br /> 8.2.1 Before any application for a Special. Use <br /> shall be approved: <br /> a] The applicant shell have the burden of <br /> establishing , by competent material and <br /> substantial evidence, the existence of <br /> the facts and conditions which this <br /> ordinance requires for approval; and <br /> b] The Board shall make writtenfindings <br /> certifying compliance with the specific <br /> rules governing such individual Special <br /> Use and that the use, which is listed as <br /> a Special. Use in the district in which <br /> it is proposed to be located, complies <br /> with all, required regulations and <br /> standards including the provisions of <br /> 411 Articles 5 and 6 of this ordinance, <br /> unless greater or different regulations <br /> are contained in the individual <br /> standards for the specific Special. Use . <br /> It shall, be the responsibility of the <br /> applicant to present evidence in the <br /> form of testimony. exhibit! ••-"-'-"- <br />