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12.07.01 Applicability. The Board of Adjustment has the authority to hear and decide applications for conditional-use permits to allow the proper integration into the community of uses that are specifically named in the zoning regulations that may be suitable only in specific locations in the zone only if certain conditions are met.
(A) An application for a conditional-use permit must be filed by the owner of the subject property or the property owner's authorized agent. In the case of joint ownership of a property, an application for a conditional-use permit must be signed by all owners of the property.
(B) Applications must be filed with the Zoning Administrator and must be accompanied by a site plan prepared in accordance with § 12.10.02(C).
(C) Applicants for a zoning map amendment and a conditional-use permit for the same property may elect to have any necessary conditional- use permits be heard and finally decided by the Planning Commission in accordance with § 12.04.09.
12.07.03 Public Hearing Notice.
(A) Published. Published public hearing notices must be in accordance with § 12.02.05.
(1) When an application is made for a conditional-use permit for land located in or abutting any residential zone, written notice must be given at least 14 days in advance of all required public hearings to:
(a) The applicant;
(b) Administrative official;
(c) The owner of every parcel of property within 150 feet in all directions from the property lines for which the conditional-use permit has been requested; and
(d) Such other persons as required by this zoning ordinance or Kentucky statutes.
(2) Written notice must be sent by first-class mail with certification by the Board of Adjustment's Secretary or other officer that the notice was mailed. The applicant must furnish to the Board of Adjustment the name and address of owners of each parcel of property within the required notification area.
(3) Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of such owners. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail must be the president or chairperson of the owner group that administers the property commonly owned by the condominium or cooperative owners. A joint notice must be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator's records as having the same address.
(4) When any property in the required notification area for a public hearing on a conditional- use permit is located in an adjoining city, county, or planning unit, notice of the hearing must be given at least 14 days in advance of the hearing, by first-class mail, to the following public officials:
(a) If the adjoining property is part of a planning unit, notice must be given to that planning unit's Planning Commission; or
(b) If the adjoining property is not part of a planning unit, notice must be given to the mayor of the city in which the property is located, or if the property is in an unincorporated area, notice must be given to the judge/executive of the county in which the property is located.
(C) Notice of all required hearings for applications for conditional-use and variance permits must be posted conspicuously on the subject property for at least 14 calendar days prior to the public hearing.
12.07.04 Board of Adjustment Hearing/ Action.
(A) The Board of Adjustment must hold at least one public hearing on all conditional-use permit applications.
(B) Following the Board of Adjustment's public hearing, the Board of Adjustment must make findings of fact and take action, by simple majority vote, on the conditional-use permit application, based on the review and decision-making criteria of § 12.07.05.
(C) In acting on conditional-use permit applications, the Board of Adjustment is authorized to approve, approve with modifications, or deny the application. If the Board of Adjustment approves the application, it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request may be initiated, or conditions of a continuing nature.
(D) Any conditions imposed on the conditional-use permit must be recorded in the Board of Adjustment'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. In addition, a certificate of land- use restriction must be filed pursuant to § 12.02.08.
(E) Granting of a conditional-use permit does not exempt the applicant from complying with all of the requirements of this zoning ordinance, the Building Code, Housing Code, and other regulations of the city.
12.07.05 Review and Decision-Making Criteria. In acting on any conditional-use permit application, the Board of Adjustment must make the following findings in support of a motion to approve or deny the application:
(A) That the proposed use at the particular location is/is not convenient for the public or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood or the community; and
(B) That such use will/will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
12.07.06 Notice of Decision to PDS. Pursuant to KRS 147.705, the Board of Adjustment must, within 60 days of an approval of a conditional-use permit, furnish a copy of the approved conditional-use permit to Planning and Development Services of Kenton County.
(A) In any case where a conditional-use permit has not been exercised within the time limit set by the Board of Adjustment or within 12 calendar months of the date of approval of the conditional-use permit, the conditional-use permit will not lapse or revert to its original designation until after a public hearing has been held on the matter.
(B) For the purpose of this section (12.07.07), "exercised" means that binding contracts for the construction of the principal building or other improvement has been let, or in the absence of contracts, that the principal building or other improvements is under construction to a substantial degree, or that prerequisite conditions involving substantial investment are under contract, in development, or completed. When construction is not a part of the use, "exercised" means that the use is in operation complies with the conditions set forth in the conditional-use permit.
12.07.08 On-Going Enforcement; Revocation.
(A) The Code Enforcement Officer must review all conditional-use permits, except those for which all conditions have been permanently satisfied, at least once annually, and the Code Enforcement Officer has the power to inspect the land or structure where the conditional use is located to ascertain that the landowner is complying with all conditions imposed by the conditional-use permit.
(B) If the landowner is not complying with all of the conditions imposed on the conditional-use permit, the Code Enforcement Officer must report such fact, in writing, to the Chairperson of the Board of Adjustment. The report must specifically describe the manner in which the landowner is not complying with the conditions. A copy of the report must be furnished to the landowner at the same time it is furnished to the Chairperson of the Board of Adjustment.
(C) The Board of Adjustment must hold a hearing on the Code Enforcement Officer's report within a reasonable time after receiving the report. Notice of the time and place of the hearing must be furnished to the landowner at least seven calendar days before the hearing.
(D) If the Board of Adjustment finds that the facts alleged in the report of the Code Enforcement Officer 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 Code Enforcement Officer to revoke the conditional-use permit and take the necessary legal action to cause the termination of the activity covered by the conditional-use permit.
(E) The Board of Adjustment is authorized to revoke conditional-use permits for noncompliance with any conditions imposed on the permit. Furthermore, the Board of Adjustment is authorized to compel offending structures or uses removed at the cost of the violator and may have judgment in person for the cost of removal.
(F) Once the Board of Adjustment has approved a conditional-use permit and all of the conditions imposed are of such type that they can be completely and permanently satisfied, the Code Enforcement Officer, on request of the applicant, may make a determination that the conditions have been satisfied and enter the facts and conclusions in support of that determination in the margin of the conditional-use permit that is on file. From that point forward, the use will be treated as an allowed use if it continues to meet all other applicable requirements of this zoning ordinance.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-39- 08, passed 9-23-08; Am. Ord. O-24-10, passed 6-24-10; Am. Ord. O-04-15, passed 3-19-15)