Agenda - 11-19-1985 - Laserfiche WebLink

Browse Search

09€ PAGE 1 ARTICLE 8 SPECIAL USE PERMITS ISSUE: In reviewing recent requests for the issuance of Special Use Permits, members of the Board of Commissioners and Planning Board have expressed ;concern regarding the burden of proof in determining compliance with the General Standards specified in Section 8.-2 of Artiste 8. The Ordinance provides that where the Board finds a preponderance of evidence to indicate compliance with the general standards, specific rules governing the specific use and that the use !complies with all required regulations and standards, the application must be approved unless the Board finds, in some specific manner, that the general standards have not been . satisfied. Under the present Ordinance, the burden of proof rests primarily with those opposing the issuance of the Special Use Permit to prove that the general and/or 'specific standards have not been satisfied. • 1 The proposed amendment would require the Board to 'peke specific findings that the general standards have been met . Those opposing the issuance of the special. Use Permit would continue to have the burden of proving that the general standards have not been satisfied . EXISTING ORDINANCE PROVISION(S).: 1 ARTICLE 8 SPECIAL USE PERMITS 8 .2 General Standards 8.2.1 Before any application for a Special Use shall be approved: a) The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this ordinance requires for approval; and b) The Board shell make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is Listed as a Special Use in the district in which it is proposed to be Located, complies