{"data":{"id":"us-ky/krs-100.237","jurisdiction":"us-ky","citation":"KRS 100.237","heading":"Conditional use permits.","body":"The board shall have the power to hear and decide applications for conditional use\npermits to allow the proper integration into the community of uses which are specifically\nnamed in the zoning regulations which may be suitable only in specific locations in  the\nzone only if certain conditions are met:\n(1) The board may approve, modify, or deny any application for a conditional use\npermit. If it approves such permit it may attach necessary conditions such as time\nlimitations, requirements that one (1) or more  things be done before the request can\nbe initiated, or conditions of a continuing nature. Any such conditions shall be\nrecorded in the board's minutes and on the conditional use permit, along with a\nreference to the specific section in the zoning regulati on listing the conditional use\nunder consideration. The board shall have power to revoke conditional use permits,\nor variances for noncompliance with the condition thereof. Furthermore, the board\nshall have a right of action to compel offending structures or uses removed at the\ncost of the violator and may have judgment in personam for such cost.\n(2) (a) Granting of a conditional use permit does not exempt the applicant from\ncomplying with all of the requirements of building, housing, and other\nregulations.\n(b) If the applicant submits a modified plan to the relevant regulatory authorities\nin order to comply with all of the requirements of building, housing, and other\nregulations that expands the applicant's conditional use beyond the previously\nestablished geographic boundaries of the original conditional use permit, then\nthe expanded conditional use shall be reviewed by the board. This review\nshall be limited to an examination solely of the expanded geographic\nboundaries of the modified plan. The board may deny the applicant's\nconditional use permit for the expanded geographic area.\n(c) The applicant shall have the duty of informing the board of modifications\nmade in accordance with paragraph (b) of this subsection, within fourteen (14)\ndays of their submiss ion. The applicant's failure to provide the board with\nnotification shall be grounds for the board to revoke the conditional use\npermit, after a hearing before the board.\n(3) In any case where a conditional use permit has not been exercised within the time\nlimit set by the board, or within one (1) year if no specific time limit has been set,\nsuch conditional use permit shall not revert to its original designation unless there\nhas been a public hearing. \"Exercised,\" as set forth in this section, shall mean t hat\nbinding contracts for the construction of the main building or other improvement\nhave been let; or in the absence of contracts that the main building or other\nimprovement is under construction to a substantial degree, or that prerequisite\nconditions in volving substantial investment under contract, in development, are\ncompleted. When construction is not a part of the use, \"exercised\" shall mean that\nthe use is in operation in compliance with the conditions as set forth in the permit.\n(4) The administrative official shall review all conditional use permits, except those for\nwhich all conditions have been permanently satisfied, at least once annually and\nshall have the power to inspect the land or structure where the conditional use is\nlocated in order to a scertain that the landowner is complying with all of the\nconditions which are listed on the conditional use permit. If the landowner is not\ncomplying with all of the conditions listed on the conditional use permit, the\nadministrative official shall report the fact in writing to the chairman of the board of\nadjustment. The report shall state specifically the manner in which the landowner is\nnot complying with the conditions on the conditional use permit, and a copy of the\nreport shall be furnished to the landowner at the same time that it is furnished to the\nchairman of the board of adjustment. The board shall hold a hearing on the report\nwithin a reasonable time, and notice of the time and place of the hearing shall be\nfurnished to the landowner at least one  (1) week prior to the hearing. If the board of\nadjustment finds that the facts alleged in the report of the administrative official are\ntrue and that the landowner has taken no steps to comply with them between the\ndate of the report and the date of the hearing, the board of adjustment may authorize\nthe administrative official to revoke the conditional use permit and take the\nnecessary legal action to cause the termination of the activity on the land which the\nconditional use permit authorizes.\n(5) Once the board of adjustment has completed a conditional use permit and all the\nconditions required are of such type that they can be completely and permanently\nsatisfied, the administrative official, upon request of the applicant, may, if the facts\nwarrant, make a determination that the conditions have been satisfied, and enter the\nfacts which indicate that the conditions have been satisfied and the conclusion in the\nmargin of the copy of the conditional use permit which is on file. Thereafter said\nuse, if it continues to meet the other requirements of the regulations, will be treated\nas a permitted use.\n(6) When an application is made for a conditional use permit for land located within or\nabutting any residential zoning district, written notice shall be given at  least\nfourteen (14) days in advance of the public hearing on the application to the\napplicant, administrative official, the mayor and city clerk of any city with a\npopulation of less than three thousand (3,000) based upon the most recent federal\ndecennial census so affected within any county containing a consolidated local\ngovernment, an owner of every parcel of property adjoining the property to which\nthe application applies, and such other persons as the local zoning ordinance,\nregulations, or board of a djustment bylaws shall direct. Written notice shall be by\nfirst-class mail with certification by the board's secretary or other officer that the\nnotice was mailed. It shall be the duty of the applicant to furnish to the board the\nname and address of an own er of each parcel of property as described in this\nsubsection. Records maintained by the property valuation administrator may be\nrelied upon conclusively to determine the identity and address of said owner. In the\nevent such property is in condominium or c ooperative forms of ownership, then the\nperson notified by mail shall be the president or chairperson of the owner group\nwhich administers property commonly owned by the condominium or cooperative\nowners. A joint notice may be mailed to two (2) or more co -owners of an adjoining\nproperty who are listed in the property valuation administrator's records as having\nthe same address.\n(7) When any property within the required notification area for a public hearing upon a\nconditional use permit application is locat ed within an adjoining city, county, or\nplanning unit, notice of the hearing shall be given at least fourteen (14) days in\nadvance of the hearing, by first-class mail to certain public officials, as follows:\n(a) If the adjoining property is part of a planning unit, notice shall be given to that\nunit's planning commission; or\n(b) If the adjoining property is not part of a planning unit, notice shall be given to\nthe mayor of the city in which the property is located or, if the property is in\nan unincorporated  area, notice shall be given to the judge/executive of the\ncounty in which the property is located.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43780","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:04Z","sha256":"02436fd433c7795913683140e9ee17270b02e137d760ae5d5598a118e767f489","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.233","next":"us-ky/krs-100.240"},"notice":"GroundRules: Original legal text. Not legal advice."}