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ZONING REGULATIONS - page 53 / 196

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where they are designated as conditional uses under the zoning Regulations.

437Procedure

An applicant shall submit an application for a conditional use permit to the Administrative Official, and the applicant shall follow all procedures set forth in Sections 320 and 450 of these Regulations and KRS 100.237.  The Administrative Official shall refer the application to the Board of Adjustment.  Payment of a fee shall be required of the applicant before the issuance of the conditional use permit. An applicant shall be the owner of the property.

440 Dimensional Variances

The Board shall have the power to hear and decide on applications requested by the owner of the property for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of these Regulations or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of these Regulations would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone.  The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.

Before any variance is granted, the Board must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance.

a.The specific conditions in detail which are unique to the applicant's land and which do not exist on other land in the same zone.

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