The Board 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 in this chapter and which may be suitable only in specific locations in the district and only if certain conditions are met.
(A) The Board may approve, modify, or deny any application for a conditional use permit. Before granting any permits, the Board is required to consider the comments of all adjoining property owners. If it approves a 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 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 chapter listing the conditional use under consideration. 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 person for any cost.
(B) Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.
(C) 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 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.
(D) The Administrative/Enforcement Officer 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 of the conditions which are listed on the conditional use permit, the Administrative/Enforcement Officer shall state 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. If the Board finds that the facts alleged in the report of the Administrative/Enforcement Officer 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 Administrative/Enforcement Officer 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.
(E) Once the Board has approved a conditional use permit and all the conditions required are of a type that they can be completely and permanently satisfied, the Administrative/Enforcement Officer, 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 100.237. Thereafter the use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
(Prior Code, § 152.273) (Ord. 920.27, passed 10-7-1993)