Conditional uses may be permitted in districts as designated under the zoning district regulations but only when specifically approved by the Board of Adjustment.
(A) All districts. The following conditional uses only may be approved in all zoning districts:
(1) Service facilities of non-local public utility and private transmissions, lines, and pipes.
(2) Service facilities of radio, television, and telephone transmission structures.
(3) Service facilities of large utility structures and public service buildings.
(4) Service facilities of expansion of railroads and appurtenances.
(5) Government buildings and uses.
(6) Churches and libraries.
(B) Specific districts. Other conditional uses may be approved only in those zoning districts where they are designated as special uses under the zoning district regulations.
(C) Procedure. In applying for a conditional use permit, the applicant shall state a plan to the Enforcement Office and follow all procedures set forth in § 154.216(C), procedure for zoning permit application. The Enforcement Officer shall refer the application to the Board of Adjustment. The Planning and Zoning Commission may establish a schedule of reasonable fees to be charged for special use zoning permits. The applicant shall meet with the Board of Adjustment which may attach reasonable special condition to an approval of a special use to insure that there shall be no departure from the provisions and intent of this Zoning Code. These special conditions may be similar to the conditions that may be required for planned development projects. Effect of the special use on surrounding uses and all officially adopted plans shall be considered in determining whether a special use shall be approved or disapproved. The Board of Adjustment may approve the application and may issue a zoning permit in full conformance with § 154.216. The conditional use, if approved, shall conform with all attached conditions.
(D) Other regulations. Payment of a fee to cover reasonable expenses shall be required of the applicant before the issuance of the conditional use permit. Other regulations for conditional use permits are as follows:
(1) The Board may attach necessary conditions such as the 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 in the conditional use permit along with reference to the specific section on the zoning ordinance listing the conditional use under consideration. The Board shall have the power to revoke conditional use permits or variances for noncompliance with the condition(s) thereof. Furthermore, the Board will have the right of action to compel offending structures or uses removed at the cost of the violator and may have judgment against the violator for such cost.
(2) Granting a conditional use permit does not exempt the applicant from complying with all the requirements for this chapter and other ordinances and regulations of the pertinent legislative body.
(3) A conditional use permit shall be exercised within one year from the date of issuance within the meaning of KRS 100.237.
(4) The Enforcement Office 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 astern that the landowner is complying with all the conditions which are listed on the conditional use permit. If the landowner is not complying with all conditions listed on the permit, the Enforcement Officer shall report the fact in writing to the Chairperson of the Board of Adjustment. A 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 Adjustment. Upon hearing the report as required by KRS 100.236, if the Board finds the facts alleged to be true and that the landowner has taken no steps to comply with them between the dates of the report and the date of the hearing, the Board may authorize the Enforcement Officer to revoke the conditional use permit and to take the necessary legal action to cause the termination of the activity.
(Ord. 71-09, passed 9-7-71)