A. An application for a designated use permit shall be submitted to the planning commission, for recommendation to council, by filing a copy of the application with the administrator in the community development department.

B.

An application for a conditional use shall be submitted to the planning commission by filing a copy of the application with the administrator in the community development department.

C.

The planning commission or the council, respectively, shall issue or approve the requested application unless it concludes, based upon the information submitted at the hearing, that:

1.

The requested use is not permissive according to the Table of Permissible Uses; or

2.

The application is incomplete; or

3.

If completed as proposed in the application, the development will not comply with one or more requirements of this title; or

4.

The development as proposed will materially endanger the public health or safety; or

5.

The development as proposed will substantially injure the value of adjoining or abutting property; or

6.

The development as proposed would not be in general conformity with the land use plan, or other plan officially adopted by the council.

(Ord. 276 (part), 2001)

A. The burden of presenting a complete application and to present evidence for approving an application and the burden of persuasion shall be upon the applicant.

B.

The burden of presenting evidence for denying an application shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application. The burden of persuasion never shifts from the applicant.

(Ord. 276 (part), 2001)

In considering whether to approve an application for conditional use or designated use permits, the authorizing board shall proceed according to the following format:

A.

The permit authorizing board shall consider whether the application is complete. If no member moves that the application be found incomplete then this shall be taken as an affirmative finding that the application is complete.

B.

The permit authorizing board shall consider whether the application complies with all of the applicable requirements of this title. If a motion to this effect passes, the permit authority need not make further findings concerning such requirements. If such a motion fails or is not made then a motion shall be made that the application is found not in compliance with one or more of the requirements of this title.

C.

If the permit authority concludes that the application fails to comply with one or more requirements of this title, the application shall be denied. If the permit authority concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in Section 17.16.010(C)(4) through (C)(6).

(Ord. 276 (part), 2001)

A. An application for a conditional use or designated use permit shall include a site plan to include the following information:

1.

Name and address of persons or agent proposing the conditional or special use;

2.

Scale and north arrow;

3.

Existing structures and conditions of the site and the adjoining property;

4.

Easements of the site;

5.

Public right-of-way on and adjacent to the site;

6.

Utilities on and adjacent to the site;

7.

Legal description of the site;

8.

Zoning and existing land use of adjacent properties;

9.

Location map showing relation to village limits; and

10.

Proposed use and proposed location of structures on site.

(Ord. 276 (part), 2001)

A. Zoning, designated use and conditional use permits shall expire automatically if, within one year after the issuance of such permits the use authorized by such permits has not commenced.

B.

The permit issuing authority may extend for a period up to six months the date when a permit would otherwise expire if it concludes that the applicant has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application.

(Ord. 276 (part), 2001)

Whenever the permit authority disapproves an application for a zone change, conditional use permit, designated use permit or a variance such action may not be reconsidered by the respective authority within one year after disapproval. Exceptions to this may be granted when an applicant clearly demonstrates that circumstances affecting the property have substantially changed.

(Ord. 276 (part), 2001)