KRS § 100.237 — KY Code / Title IX / Chapter 100 / Section 100.237
100.237 Conditional use permits
Status: in_force

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) (a) Granting of a conditional use permit does not exempt the applicant from

complying with all of the requirements of building, housing, and other

regulations.

(b) If the applicant submits a modified plan to the relevant regulatory authorities

in order to comply with all of the requirements of building, housing, and other

regulations that expands the applicant's conditional use beyond the previously

established geographic boundaries of the original conditional use permit, then

the expanded conditional use shall be reviewed by the board. This review

shall be limited to an examination solely of the expanded geographic

boundaries of the modified plan. The board may deny the applicant's

conditional use permit for the expanded geographic area.

(c) The applicant shall have the duty of informing the board of modifications

made in accordance with paragraph (b) of this subsection, within fourteen (14)

days of their submission. The applicant's failure to provide the board with

notification shall be grounds for the board to revoke the conditional use

permit, after a hearing before the board.

(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 with a

population of less than three thousand (3,000) based upon the most recent federal

decennial census so affected within any county containing 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.