(A) Creation and appointment. A Board of Adjustment is hereby established in accordance with KRS 100.217. The Board of Adjustment shall consist of seven members, not more than two of whom may be citizen members of the Planning Commission. They shall be appointed by the Mayor subject to the approval of the City Council. The term of membership shall be four years except that the initial individual appointments to the Board shall be staggered so that a proportionate number serve terms of one, two, three, and four years respectively. Vacancies shall be filled for any unexpired term by the Mayor subject to the approval of the City Council.
(B) Procedure. The Board of Adjustment shall conduct meetings at the call of the Chairman who shall give written or oral notice to all members of the Board at least seven days prior to the meeting, which notice shall contain the date, time and place for the meeting and the subject or subjects which will be discussed. All meetings of the Board shall be open to the public. The Board shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings and determinations and the number of votes for and against each question and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the Board. If the Board has no office, such records may be kept in custody of an officer of the Board and shall be available to the general public. A transcript of the minutes of the Board of Adjustment shall be provided if requested by a party, at the expense of the requesting party and the transcript shall constitute the record. The Board annually shall elect a Chairman, Vice Chairman and Secretary and any other officers it deems necessary and any officer shall be eligible for reeelection at the expiration of his term.
(C) Appeals; how taken. Appeals to the Board may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal or decision of any Zoning Enforcement Officer. Such appeal shall be taken within 30 days after the appellant or his agent receives notice of the action of the official by filing with said officer and with the Board a notice of appeal specifying the grounds thereof and giving notice of such appeal to any and all parties of record. Said officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken and shall be treated as and be the respondent in such proceedings. At the public hearing on the appeal held by the Board, any interested person may appear and enter his appearance and all shall be given an opportunity to be heard.
(D) Powers. The Board of Adjustment shall have the powers set forth in KRS 100.217 through 100.271.
(E) Whenever the Board of Adjustments grants a variance, conditional use or any other form of land use restriction, a certificate of land use restriction shall be filed with the County Clerk pursuant to KRS 100.3681 et seq.
(Ord. 722, passed 7-11-89; Am. Ord. 17-14, passed 12-5-17)