A.   DETERMINATION: The Board of Adjustment may authorize a conditional building and use to be located within any zone in which the particular conditional use is permitted by the use regulations of this Ordinance, if the evidence presented by the applicant is such as to be established by preponderance of the evidence:
      1.   That the proposed building and 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, and
      2.   That such building and use will not, under the circumstances of the particular case 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, and
      3.   That the proposed building and use will comply with any regulations and conditions specified in this Ordinance for such building and use.
   B.   CONDITIONAL USE PERMITS: In accordance with KRS 100.237 the Board of Adjustment shall have the power to hear and decide applications for conditional use permits 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 zone only if certain conditions are met:
      1.   The Board of Adjustment may approve, modify, or deny any application for a 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 the zoning regulation listing the conditional use under consideration. In addition, said conditional use permit shall be recorded in the office of the County Clerk and one (1) copy of said permit attached to the deed for the property for which it is issued. The Board shall have power to revoke conditional use permits, or variances for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.
      2.   Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of this Ordinance, the building code, housing code and other regulations of the City of Newport.
      3.   In any case where a conditional use permit has not been exercised within the time limit set by the Board or within twelve (12) consecutive calendar months from date of issuance, such 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 has 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.
      4.   The Zoning Administrator 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 when 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 Zoning Administrator shall report the fact in writing to the chairman of the Board of 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 chairman of the Board of 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 Adjustment finds that the facts alleged in the report of the Zoning Administrator are true and that the landowner has taken no steps to comply with time between the date of the report and the date of the hearing, the Board of Adjustment may authorize the Zoning Administrator 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.
      5.   Once the Board of 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 Zoning Administrator, 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 with the county clerk, as required in KRS 100.344. Thereafter said use, if it continues to meet the other requirements of this Ordinance, will be treated as a permitted use.
      6.   When an application is made for a conditional use permit for land located within or abutting any zoning district, written notice shall be given at least fourteen (14) days in advance of the public hearing on the application to the applicant, and owners of every parcel of property adjoining the property to which the application applies. Written notice shall be by first class mail with certification by the board's secretary 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 subsection.  Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and address of said 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. A joint notice may be mailed to two (2) or more co owners of an adjoining property who are listed in the property valuation administrator's records as having the same address.
   C.   RE-USE OF PREVIOUSLY APPROVED OR “GRANDFATHERED” CONDITIONAL USE STRUCTURES: To prevent the abandonment of conditional use structures and to promote their adaptive re-use in all zones within the city, previously approved or “grandfathered” conditional use structures may, subject to the approval of the Board of Adjustments, be approved as a new conditional use allowing higher residential density than the underlying zone would permit, the operation of a commercial, non-industrial, use or a combination of both subject to the following restrictions:
      1.   Screening pursuant to Section 9.16;
      2.   Development Plan requirements of Section 9.19;
      3.   Fences, walls and obstruction to view requirements of Article XII;
      4.   Sign regulations pursuant to Article XV;
      5.   In residential zones, the permitted commercial uses shall be compatible with the surrounding zone;
      6.   The adaptive re-use shall be located within the existing conditional use structure; and
      7.   Parking per Section 13.1.
(Am. Ord. O-2008-019, passed 9-8-2008; Am. Ord. O-2016-024, passed 12-12-2016)