Conditional uses may be permitted in districts as designated under this zoning code but only when specifically approved by the Board of Zoning Adjustment. All conditional uses shall be subject to the following regulations unless otherwise stated in this chapter.
(A) Conditional approval in all districts. The following conditional uses only may be approved in all zoning districts:
(1) Local public utilities and private transmission lines and pipes;
(2) Radio, television, or telephone transmission towers;
(3) Large utility structures and public service buildings;
(4) Expansion of railroads and appurtenances;
(5) Agricultural uses which are preferred (and conditional) uses in all districts where use existing at time of adoption of this chapter is agricultural;
(6) Mining which is subject to approval by the Kentucky Natural Resources and Environmental Protection Cabinet pursuant to KRS Chapters 350 and 351, as amended.
(7) Other conditional uses may be approved in only those zoning districts where they are designated as conditional uses under the zoning district regulations of this chapter.
(B) In applying for a conditional use permit, the applicant shall submit an application to the Administrative Official and shall follow all procedures set forth in this chapter, regarding the procedure for building permit application. The Administrative Official shall then refer the application to the Board of Zoning Adjustment. The Board shall charge a fee, as provided in § 156.016, for reviewing all conditional use permit applications, and shall notify all adjacent property owners by certified mail of the time and place of the meeting at which such review will occur. The applicant shall pay costs of notification upon receipt of a statement from the appropriate city official.
(C) The Board of Zoning Adjustment may approve, modify, or deny any application for a conditional use permit. If it approves the permit, it may attach necessary conditions such as time limitations, requirements that one (1) or more things be done before the request can be initiated or conditions of a continuing nature that there shall be no departure from this zoning code. The Board of Zoning Adjustment shall especially consider the effect of the conditional use on surrounding uses in determining whether a conditional use should be approved, modified, or disapproved. In such conditions, it shall be recorded in the Board’s minutes and on the conditional use permit along with reference to the specific section of the zoning code listing the conditional use under consideration. If the conditional use application is approved by the Board of Zoning Adjustment it shall issue written authorization to the Administrative Official to issue a conditional mining permit, building permit, or certificate of occupancy in conformance with this chapter. This written authorization by the Board of Zoning Adjustment shall include a statement of the factual determination by the Board of Zoning Adjustment which justifies the issuance of the permit and a statement of the specific conditions which must be met in order for the use to be permitted. Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.
(D) No request for a conditional use permit for mining shall be considered until the owner, operator, or lessee of each mine shall submit to the Board of Zoning Adjustment a copy of the Preliminary Mining Application Document as submitted to the Kentucky Natural Resources and Environmental Protection Cabinet (KNREP). The Board of Zoning Adjustment may issue an Interim Conditional Use Permit for Mining, after all other requirements of this chapter have been met, contingent upon the permittee receiving a permit from KNREP to operate such a mine. Such final conditional use permit shall be applicable to the specific property and transferred with the property if the property is sold.
(1) The Board of Zoning Adjustment will not issue a final conditional use permit for mining until the permittee presents the state mining permit as issued by KNREP.
(2) As a stipulation of a conditional use permit for mining within the city limits, the owner, operator, or lessee of each mine shall be required to meet and comply with all requirements and regulations of the Kentucky Department of Surface Mining Reclamation and Enforcement, Kentucky Department of Mines and Minerals, the Federal Mine Safety and Health Administration, and the Federal Office of Surface Mining.
(E) All conditional use permits and accompanying final plats approved by the Board of Zoning Adjustment shall be recorded at the expense of the applicant in the office of the County Court Clerk, as provided by KRS 100.329.
(1) The Administrative Official shall not issue any building permits or certificates of occupancy for any conditional use permit or accompanying final plats until the conditional use permit and final plat, if any, have been properly recorded by the applicant.
(2) An approved and recorded conditional use permit shall limit and control the issuance of all building permits and shall restrict the construction, location, use, and operation of all land and structures to all conditions set forth in the conditional use permit and accompanying final plat; provided, however, that upon application to and approval by the Board of Zoning Adjustment, minor changes in the location of structures and other minor details, may be permitted. No change shall be authorized which violates the spirit and intent of the originally approved conditional use permit of the provisions of this chapter. A conditional use permit applies to the property for which it is granted and not to the individual who applied for it. A conditional use permit and accompanying final plat also run with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.
(F) The Administrative 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 owner is complying with all of the conditions listed on the conditional use permit. A written report of the annual review shall be submitted to the Mayor and Council. If the owner is not complying with all the conditions listed on the conditional use permit, the Administrative Official shall report the fact in writing to the Chairman of the Board of Zoning Adjustment. The report shall state specifically the manner in which the owner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the Chairman of the Board of Zoning Adjustment. The Board of Zoning Adjustment 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 owner at least one (1) week prior to the meeting. If the Board of Zoning Adjustment finds that the facts alleged in the report of the Administrative Official are true and that the owner 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 shall have the power to authorize the Administrative Official to revoke the conditional use permit authorized. Furthermore, the Board of Zoning Adjustment 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.
(G) 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 (1) year, if no specific time has been set, the conditional use permit shall revert to its original designation.
EXERCISED
, as set forth herein, shall mean that binding contracts for the construction of the main building, buildings, or other improvements have been awarded, or in the absence of contracts that the main building, buildings, or other improvements are 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 as set forth in the permit. In respect to conditional use permits for mining,
EXERCISED
shall be satisfied by presentation of the KNREP mining permit to the Board of Zoning Adjustment.
(H) Once the Board of Zoning Adjustment has completed a conditional use permit and all the conditions required are of such type that can be completely and permanently satisfied, the Administrative 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 in the margin of the copy of the conditional use permit which is on file with the County Court Clerk. Thereafter, the use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
(Ord. passed 1-27-87)