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(A) The Board of Zoning Adjustments shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the planning area of uses which are specifically named in this zoning code which may be suitable only in specific locations in the zone only if certain conditions are met.
(B) The Board may approve, modify, or deny any application for conditional use permit. 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 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 building, housing, and other regulations.
(D) In any case where a conditional use permit has not been exercised within the time limit set by the Board, or within one year, if no specific time limit has been set, the granting of such conditional use permit shall be reconsidered by the Board of Zoning Adjustments. "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 shall be under contract, in development, or 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 Zoning 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 conditions listed on the conditional use permit, the Zoning Official shall report the fact in writing to the Chairman of the Board of Zoning Adjustments. 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 Adjustments finds that the facts alleged in the report of the Zoning 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 may authorize the Zoning 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.
(F) Once the Board of Zoning Adjustments has granted a conditional use permit and all of the conditions required are of such type that they can be completely and permanently satisfied, the Zoning 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 of the margin of the copy of the conditional use permit which is on file with the County Clerk, as required in KRS 100.3681. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90)