Certain uses are allowed in specific zones on a conditional use basis. The conditional use concept rests upon the premise that a specific land use may be appropriate in a particular zone, if certain conditions exist or are adhered to. All persons proposing to place any use in a zone in which it is only allowed on a conditional use basis shall first obtain a conditional use permit from the board of adjustment. The board shall consider, review, and act on all such requests in a manner set forth in KRS 100.237. The board shall also consider the resultant effect the proposed conditional use will have on the character of the area and the manner in which the proposed use will meet the specific standards for the particular use as found herein.

KRS 100.237 conditional use permits. The board of adjustment (BOA) 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:

A.

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 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, of 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 persona 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 (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 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 under contract, in development, are completed. When construction is not a party of the use, exercised shall mean that the use in operation is in compliance with the conditions as set forth in the permit.

D.

The administrative official shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least one (1) 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.

The administrative official shall maintain records to show that annual inspections have been made. Said records are to be made available for inspection by the board of adjustment upon request.

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 prescribed by the conditional use permit, and a copy of the report shall be furnished to the chairman of the board of adjustment. The board shall hold a hearing on the report within a reasonable amount of 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 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.

E.

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 note this conclusion in the margin of the copy of the conditional use permit which is on file with the county clerk, as required in KRS 100.329. Thereafter, said use, if it continues to meet the other requirements of the regulations, will be treated a permitted use.

A.

Permitted uses in Residential 1; Residential 2 and Agricultural only.

C.

Special site conditions required: The board of adjustments shall only allow these uses which meet the following conditions.

1.

The use will not create traffic which would significantly reduce the quality of life in the surrounding residential area.

2.

The use will not adversely affect the character of the neighborhood.

3.

The use has access to a street which can adequately handle the anticipated traffic; preferably a collector or arterial street.

4.

The use will incorporate building and/or site designs that will make it compatible with the surrounding land uses.

5.

The use shall not violate any private deed or subdivision land restriction.

The board of adjustments shall only allow public and quasi-public uses which meet the following conditions.

B.

Special site conditions required:

1.

The use will utilize building and/or site designs that make it compatible with existing and/or future proposed adjacent land uses

2.

The use must have access to a street that can adequately handle the anticipated traffic generated by the proposed use.

A.

Specific uses allowed:

Recycling, collection and minor processing centers to include paper, plastics, glass and aluminum products
Commercial Campground (short term)