(A) Determination. Subject to the requirements of § 154.262, the
may authorize a
to be located within any
in which such
is permitted, if the evidence presented by the applicant is such as to establish a preponderance of the evidence:
(1) That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community;
(2) That such use will not be detrimental to the health, safety, or general welfare of
residing or working in the vicinity, or injurious to property or improvements in the vicinity.
(3) That such use will comply with any regulations and conditions in this chapter for such use.
(B)
. In accordance with KRS 100.237, the
shall have the power to hear and decide applications for
to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the
only if certain conditions are met:
(1) The
may approve, modify, or deny any application for a
. If it approves such permit, it may attach necessary conditions such as time limitations, requirements that one 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
, along with a reference to the specific section in the zoning regulation listing the
under consideration. In addition, said
shall be recorded in the office of the County Clerk and one copy of said permit attached to the deed for the property for which it is issued. The Board shall have power to revoke
, or variance for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending
or uses removed at the cost of the violator and may have judgment in personam for such cost.
(2) Granting of a
does not exempt the applicant from complying with all of the requirements of this chapter, the
code, housing code, and other regulations of the county.
(3) In any case where a
has not been exercised within the time limit set by the Board or within 12 consecutive calendar months from the date of issuance, such
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
or other improvement has been let; or in the absence of contracts that the main
or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, exercised shall mean that the use in operation is in compliance with the conditions as set forth in the permit.
(4) (a) The
shall review all
, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or
where the
is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the
.
(b) If the landowner is not complying with all of the conditions listed on the
, the
shall report the fact in writing to the Chairperson of the
. The report shall state specifically the manner in which the landowner is not complying with the conditions on the
, and a copy of the report shall be furnished to the landowner at the same time it is furnished to the Chairperson of the
.
(c) The Board shall hold a hearing on the report within 30 days and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the
finds that the facts alleged in the report of the
are true and that the landowner has taken no steps to comply within the time between the date of the report and the date of the hearing, the
may authorize the
to revoke the
and take the necessary legal action to cause the termination of the activity on the land which the
authorizes.
(5) Once the
has completed a
and all the conditions required are of such type that they can be completely and permanently satisfied, the
, 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
which is on file with the County Clerk, as required in KRS 100.344. Thereafter said use, if it continues to meet the other requirements of this chapter, will be treated as a
in a nonconforming status.
(Ord. 0-11-82, passed 11-3-82; Am. Ord. 0-11-89, passed 8-16-89) Penalty, see § 154.999