§ 157.104  CONDITIONAL USE PERMITS.
   (A)   An applicant shall submit an application for a conditional use permit to the Administrative Officer and the applicant shall follow all procedures set forth in this section and KRS 100.237.  The Administrative Officer shall refer the application to the Board of Zoning Adjustment.  The Board of Zoning Adjustment is authorized by KRS 100.237 to grant, modify, or deny a conditional use permit.  Other regulations for conditional use permits are as follows.
   (B)   The Board 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 conditions shall be recorded in the Board's minutes and on the conditional use permit, along with a reference to the specific section in this zoning code listing the conditional use under consideration. The Board shall have the power to revoke conditional use permits, or variance for noncompliance with the condition thereof.  Furthermore, the Board shall have a right of action to compel offending structures of uses removed at the cost of the violator and may have judgment in personam, for such cost.
   (C)   The granting of a conditional use permit does not exempt the applicant from complying with all the requirements of this chapter and other ordinances and regulations of the city.
   (D)   In any case where a conditional use permit has not been exercised within the time limit set by the Board of Zoning Adjustment, or within one year, if no specific time limit has been set, the 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.
   (E)   The Administrative Officer 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 Officer shall report the fact in writing to the Chairperson of the Board of Zoning 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 Chairperson of the Board of Zoning 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 week prior to the hearing.  If the Board of Zoning Adjustment finds that the facts alleged in the report of the Administrative 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 Zoning Adjustment may authorize the Administrative Officer 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.
   (F)   Once the Board of Zoning 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 Officer, 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 the conditional use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
   (G)   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 14 days in advance of the public hearing on the application to the applicant, Administrative Officer, an owner of every parcel of property adjoining the property to which the application applies, and such other persons as this zoning code, regulations, or Board of Zoning 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 division.  Records maintained by the property valuation administrator may be relied upon to determine the identity and address of the 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.
(Ord. 920.1, passed  -  -  )