§ 8-16. Grounds for denial.

The county may reject any proposal (including requests for variances or exemptions) or any application for any one or more of the following reasons:

(1)

The applicant, for any reason, does not fully meet the qualifications, standards, and requirements established by the county. The burden of proof shall be on the applicant and the standard of proof shall be by clear and convincing evidence.

(2)

The applicant's proposed activities and/or improvements will create a safety hazard at or on the airport.

(3)

The county would be required to expend funds and/or supply labor and/or materials in connection with the proposed activities and/or improvements that the county is unwilling and/or unable to spend and/or will result in a financial loss or hardship to the county or the airport.

(4)

No appropriate, adequate, or available land and/or improvement exists at the airport to accommodate the proposed activity (at the time the proposal or application are submitted), nor is such availability contemplated within a reasonable timeframe.

(5)

The proposed activities and/or improvements do not comply with the master plan of the airport or the ALP then in effect or anticipated to be in effect within the timeframe proposed by the applicant.

(6)

The development or use of the land requested by the applicant will result in a congestion of aircraft and/or the improvements will, in the sole discretion of the county, unduly interfere with activities of any existing operator on the airport and/or prevent adequate access to the leased premises of any existing operator.

(7)

The applicant has intentionally or unintentionally misrepresented or omitted material fact in the proposal, on the application, and/or in supporting documentation.

(8)

The applicant has failed to make full disclosure in the proposal, on the application, and/or in supporting documentation.

(9)

The applicant or an officer, director, agent, representative, shareholder, or employee of the applicant has a record of violating the regulatory measures of the county (or any other airport sponsor), the FAA, or any other regulatory measure applicable to the airport and/or the proposed activity.

(10)

The applicant or an officer, director, agent, representative, shareholder, or employee of the applicant has defaulted in the performance of any agreement or sublease at the airport or at any other airport.

(11)

The applicant does not exhibit adequate financial responsibility or capability to undertake the proposed activity.

(12)

The applicant cannot provide a performance bond or applicable insurance in the type and amounts required by the county for the proposed activity.

(13)

The applicant or an officer or director has been convicted of a felony.

(14)

The applicant's proposed activity has been or could be detrimental to the airport.

(15)

The applicant seeks terms and conditions which are inconsistent with county's policies or any request for proposal (or any other invitation for proposals) issued by the county.

(16)

The applicant's interests and/or the proposed activity or use is inconsistent with the airport's mission (purpose), vision, values, goals, or objectives; the best interest of the county; or any grant assurances.

(Code 1982, § 1-2.3-32; Ord. No. 07-051, pt. B, 12-4-2007)