(A) The Board shall:
(1) Hear and decide only such exception as the Board of Adjustments is specifically authorized to pass on by the terms of this chapter;
(2) Decide such questions as are involved in determining whether conditional use permits should be granted; and
(3) Grant conditional use permits with such safeguards as are appropriate under this chapter or deny conditional use permits when not in harmony with the purpose and intent of this chapter or with the purpose and intent of the Comprehensive Plan.
(B) Conditional use permits shall not be granted by the Board of Adjustments unless and until:
(1) A written application for a conditional use permit is submitted indicating the division of this chapter under which the permit is sought and stating the grounds on which it is requested. Applicable fees must be paid before action is taken.
(2) A public hearing is held. Any party may appear in person or by an agent or attorney.
(3) Notice is given no more than twenty-one (21) days nor less than seven (7) days in accordance with KRS 424.130(b) before the date of said hearing. Notice shall be sent to every adjoining property owner by first-class mail postmarked at least seven (7) days prior to the public hearing. In cases where the subject property is located within or abutting a residential zoning district, written notice shall be at least fourteen (14) days in advance of the public hearing.
(4) Notice shall be published in a newspaper at least once no more than twenty-one (21) days or less than seven (7) days in advance of the public hearing.
(C) The Board of Adjustments shall make a finding that:
(1) It is empowered under the division of the chapter described in the application to grant the conditional use permit; and
(2) The granting of the permit will not adversely affect the general health, safety and welfare of the public.
(D) Before any conditional use permit shall be issued, the Board of Adjustments shall make written findings certifying compliance with the specific rules governing individual permits and that satisfactory provision arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required with particular attention to the items in §§ 156.160 et seq. and the noise, glare or odor effects of the conditional use permit on adjoining properties and properties generally in the district;
(3) Refuse and public service areas;
(4) Utilities with reference to locations, availability and compatibility;
(5) Screening and buffering with reference to type, dimensions and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(7) Required yards and other open space;
(9) General compatibility with adjacent properties and other properties in district; and
(10) Other items pertaining to the general health, safety and welfare of the public or as required in individual district regulations (see §§ 156.020 et seq.).
(E) A conditional use permit shall be exercised within one (1) year from the date of issuance within the meaning of KRS 100.237 or it shall expire.
(F) The Administrative Official shall review all conditional use permits except for 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 the conditions which are listed on the conditional use permit.
(G) If the landowner is not complying with all conditions listed on the permit, the Administrative Official shall report the fact in writing to the chairman of the Board of Adjustments. 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 Adjustments.
(H) Upon hearing the report as required by KRS 100.237, if the Board of Adjustments finds the facts alleged to be true and that the landowner has taken no steps to comply with all the conditions of the conditional use permit between the date of the report and the date of the hearing, the Board of Adjustments shall authorize the Administrative Official to revoke the conditional use permit and to take the necessary legal action to cause the termination of the activity.
(Ord. 2003-06, passed 3-3-03)