What is a conditional use?
The Zoning Ordinance defines a conditional use as "a use which is essential to or would promote the public health, safety, or welfare in one (1) or more zones, but which would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation."
What is a conditional use permit?
A conditional use permit is legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the City-County Board of Adjustments, consisting of two parts:
- A statement of the factual determination by the Board of Adjustments that justifies the issuance of the permit, and,
- A statement of the specific conditions that must be met in order for the use to be permitted.
Who grants a conditional use permit?
The City-County Board of Adjustments has the power to hear and decide applications for conditional use permits. Besides, or where other standards, criteria, and other items for consideration are not cited within the individual zoning district, the following shall be considered as standards for review and findings of fact in the record of each public hearing for the granting of a conditional use permit by the Board of Adjustments
||That the use is essential to or would promote the public health, safety, or welfare in one (1) or more zones, but would impair the integrity and character of the zone in which it is located, or in adjoining zone, unless restrictions on location, size, extent, and character of performance are imposed beyond those imposed in the zoning regulations;
||That the use will not contribute toward an overburdening of municipal services;
||That the use will not result in increased traffic congestion, additional parking problems, substantial increase in population density, environmental problems, or constitute a nuisance;
||That the use is a matter of public need or convenience;
||That the use is otherwise in agreement with the Zoning Ordinance/Resolution of Warren County
What are the steps for obtaining a conditional use permit?
The owner or applicant meets with the Board of Adjustments staff to discuss the conditional use permit request and procedures and to obtain the application.
The applicant completes the application and includes the following supporting documentation:
- Survey prepared by a registered surveyor licensed in Kentucky and adequate for recording. The survey should include the location of all buildings, ingress/egress, proposed buildings, and designated parking.
- Names and mailing addresses of all property owners adjacent to the subject property. This information must be obtained from the PVA office.
- Fees as established by the Planning Commission
The applicant submits the application and accompanying documents to the Board of Adjustments staff on or before the filing deadline date.
The staff reviews the application and accompanying documents, advertises the conditional use permit request in the local newspaper, places sign on property, notifies, by first class mail, all property owners adjacent to the property's outer boundary, prepares location maps, photographs the property, and prepares packets for all Board of Adjustments members.
THE APPLICANT AND/OR HIS ATTORNEY ATTEND THE PUBLIC HEARING.
The Board of Adjustments meets at Bowling Green City Hall, second floor, 1001 College Street, at 5:00 p.m. on the second Thursday of each month.
If approved, the staff then records a land use certificate and the conditional use permit in the office of the Warren County Court clerk's office.
If disapproved, the applicant may appeal the Board's decision to Warren Circuit Court within thirty (30) days of the public hearing date.