100.237 Conditional use permits. - Kentucky Statutes

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100.237 Conditional use permits. The board shall have the power to hear and decide applications for conditional use
permits to allow the proper integration into the community of uses which are specifically
named in the zoning regulations which may be suitable only in specific locations in the
zone only if certain conditions are met:
(1) The board may approve, modify, or deny any application for a conditional use permit. If it approves such permit it may attach necessary conditions such as time
limitations, requirements that one (1) or more things be done before the request can
be initiated, or conditions of a continuing nature. Any such conditions shall be
recorded in the board's minutes and on the conditional use permit, along with a
reference to the specific section in the zoning regulation listing the conditional use
under consideration. The board shall have power to revoke conditional use permits,
or variances for noncompliance with the condition thereof. Furthermore, the board
shall have a right of action to compel offending structures or uses removed at the
cost of the violator and may have judgment in personam for such cost. (2) Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations. (3) In any case where a conditional use permit has not been exercised within the time limit set by the board, or within one (1) year if no specific time limit has been set,
such conditional use permit shall not revert to its original designation unless there
has been a public hearing. "Exercised," as set forth in this section, shall mean that
binding contracts for the construction of the main building or other improvement
have been let; or in the absence of contracts that the main building or other
improvement is under construction to a substantial degree, or that prerequisite
conditions involving substantial investment under contract, in development, are
completed. When construction is not a part of the use, "exercised" shall mean that
the use is in operation in compliance with the conditions as set forth in the permit. (4) The administrative official shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and
shall have the power to inspect the land or structure where the conditional use is
located in order to ascertain that the landowner is complying with all of the
conditions which are listed on the conditional use permit. If the landowner is not
complying with all of the conditions listed on the conditional use permit, the
administrative official shall report the fact in writing to the chairman of the board of
adjustment. The report shall state specifically the manner in which the landowner is
not complying with the conditions on the conditional use permit, and a copy of the
report shall be furnished to the landowner at the same time that it is furnished to the
chairman of the board of adjustment. The board shall hold a hearing on the report
within a reasonable time, and notice of the time and place of the hearing shall be
furnished to the landowner at least one (1) week prior to the hearing. If the board of
adjustment finds that the facts alleged in the report of the administrative official are
true and that the landowner has taken no steps to comply with them between the
date of the report and the date of the hearing, the board of adjustment may authorize
the administrative official to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the
conditional use permit authorizes. (5) Once the board of adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently
satisfied, the administrative official, upon request of the applicant, may, if the facts
warrant, make a determination that the conditions have been satisfied, and enter the
facts which indicate that the conditions have been satisfied and the conclusion in the
margin of the copy of the conditional use permit which is on file. Thereafter said
use, if it continues to meet the other requirements of the regulations, will be treated
as a permitted use. (6) When an application is made for a conditional use permit for land located within or abutting any residential zoning district, written notice shall be given at least
fourteen (14) days in advance of the public hearing on the application to the
applicant, administrative official, the mayor and city clerk of any city of the fifth or
sixth class so affected within any county containing a city of the first class or a
consolidated local government, an owner of every parcel of property adjoining the
property to which the application applies, and such other persons as the local zoning
ordinance, regulations, or board of adjustment bylaws shall direct. Written notice
shall be by first-class mail with certification by the board's secretary or other officer
that the notice was mailed. It shall be the duty of the applicant to furnish to the
board the name and address of an owner of each parcel of property as described in
this subsection. Records maintained by the property valuation administrator may be
relied upon conclusively to determine the identity and address of said owner. In the
event such property is in condominium or cooperative forms of ownership, then the
person notified by mail shall be the president or chairperson of the owner group
which administers property commonly owned by the condominium or cooperative
owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining
property who are listed in the property valuation administrator's records as having
the same address. (7) When any property within the required notification area for a public hearing upon a conditional use permit application is located within an adjoining city, county, or
planning unit, notice of the hearing shall be given at least fourteen (14) days in
advance of the hearing, by first-class mail to certain public officials, as follows:
(a) If the adjoining property is part of a planning unit, notice shall be given to that unit's planning commission; or (b) If the adjoining property is not part of a planning unit, notice shall be given to the mayor of the city in which the property is located or, if the property is in
an unincorporated area, notice shall be given to the judge/executive of the
county in which the property is located. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 148, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 362, sec. 10, effective July 13, 1990. -- Amended 1988
Ky. Acts ch. 30, sec. 6, effective July 15, 1988; and ch. 144, sec. 1, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 134, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 23, effective June 17, 1978. -- Created 1966 Ky. Acts
ch. 172, sec. 51.