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Article IV: Conditional Use

Conditional Use Permits 

The Boards 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 Ordinance which may be suitable only in specific locations in the district only if certain 
conditions are met. 

a.     The Boards may approve, modify or deny any application for a conditional use permit. 
Before granting any such permits, the Boards are required to consider the comments of all 
adjoining property owners. 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 
Boards' minutes and on the conditional use permit, along with a reference to the specific 
section in the Zoning Ordinance listing the conditional use under consideration. The Boards 
shall have power to revoke conditional use permits, or variances for noncompliance with the 
condition thereof. Furthermore, the Boards 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
such 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, 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. 

d.     The Administrative 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 Officer shall state conditions on the conditional use 
permit, and copy of the report shall be furnished to the landownerat the same time that it is
 furnished to the Chairman of the Board. If the Board finds that the facts alleged in the report of
the Administrative 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 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 completed a conditional use permit and all the conditions required 
are of such type that they can be completely and permanently satisfied, the Administrative 
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 said use, if it 
continues to meet the other requirements of the regulations, will be treated as a permitted use.

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