100.237 Conditional use permits.
1,243 words·~6 min read·
/ky/chapter-100/100-237A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 the zoning regulations which may be suitable only in specific locations in the zone only if certain conditions are met:
(1)The board 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
(1)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. 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.
(a)Granting of a conditional use permit does not exempt the applicant from
complying with all of the requirements of building, housing, and other
regulations.
(b)If the applicant submits a modified plan to the relevant regulatory authorities
in order to comply with all of the requirements of building, housing, and other
regulations that expands the applicant's conditional use beyond the previously
established geographic boundaries of the original conditional use permit, then
the expanded conditional use shall be reviewed by the board. This review
shall be limited to an examination solely of the expanded geographic
boundaries of the modified plan. The board may deny the applicant's
conditional use permit for the expanded geographic area.
(c)The applicant shall have the duty of informing the board of modifications
made in accordance with paragraph
(b)of this subsection, within fourteen
days of their submission. The applicant's failure to provide the board with
notification shall be grounds for the board to revoke the conditional use
permit, after a hearing before the board.
(3)In any case where a conditional use permit has not been exercised within the time
limit set by the board, or within one
(1)year if no specific time limit has been set,
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
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 under contract, in development, are
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 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 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
administrative official 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
(1)week prior to the hearing. If the board of
adjustment finds that the facts alleged in the report of the administrative 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 of adjustment may authorize
the administrative 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.
(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 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. Thereafter said
use, if it continues to meet the other requirements of the regulations, 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 residential zoning district, written notice shall be given at least
fourteen
(14)days in advance of the public hearing on the application to the
applicant, administrative official, the mayor and city clerk of any city with a
population of less than three thousand (3,000) based upon the most recent federal
decennial census so affected within any county containing a consolidated local
government, an owner of every parcel of property adjoining the property to which
the application applies, and such other persons as the local zoning ordinance,
regulations, or board of adjustment bylaws shall direct. Written notice shall be by
first-class mail with certification by the board's secretary or other officer 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.
(7)When any property within the required notification area for a public hearing upon a conditional use permit application is located within an adjoining city, county, or planning unit, notice of the hearing shall be given at least fourteen
(14)days in advance of the hearing, by first-class mail to certain public officials, as follows:
(a)If the adjoining property is part of a planning unit, notice shall be given to that
unit's planning commission; or
(b)If the adjoining property is not part of a planning unit, notice shall be given to
the mayor of the city in which the property is located or, if the property is in
an unincorporated area, notice shall be given to the judge/executive of the
county in which the property is located.