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(A) A Board of Adjustments shall be appointed pursuant to KRS 100.217.
(B) The Board of Adjustments shall conduct meetings at the call of the chairperson who shall give written or oral notice to all members of the Board at least seven days prior to the meeting. This notice shall contain the date, time, in place for the meeting and the subject or subjects to be discussed.
(C) The Board of Adjustments shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings, determinations, the number of votes for and against each question, and members absent or abstaining from voting.
(D) The Board shall have the power to hear inside applications for conditional use permits to allow proper integration into the community, of uses which are specifically named in this chapter under conditions listed in KRS 100.237.
(E) The Board shall have the power to hear and decide on applications for variances pursuant to the requirements of KRS 100.127, 100.241, and 100.251.
(F) The Board shall give public notice of all hearings in the accordance with the KRS Chapter 424, as well as written notice to the appellant in the administrative official at least one week prior to the hearing date and shall decide it within 60 days. The appellant may appear at the hearing in person or by attorney.
(G) An variance permit shall be recorded in the office of the City Clerk-Treasurer following approval by the Board.
(H) Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety, or welfare, will not alter the essential character of the general facility, will not cause a hazard or a nuisance to the public, and will not allow any unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the Board shall consider whether:
(1) The requested variance arises from the special circumstances which do not generally apply to the land and the general facility, or in the same zone;
(2) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or create an unnecessary hardship on the applicant; and
(3) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
(I) The Board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent the adoption of the zoning regulation from which relief is sought.
(J) Appeals to the Board may be taken by any person or entity claiming to be injuriously affected or aggrieved by any official action or decision of the Planning and Zoning Commission or the administrative official. Such appeal may be taken within 30 days after the appellant or his or her agent receives notice of the action appealed from, by filling a notice of appeal with the Commission and or the administration official in accordance with the requirements of KRS 100.261.
(K) Appeals from the Commission or Board may be taken in the following manner:
(1) Any person or entity claiming to be injured or aggrieved by the final action of the Commission or the Board may appeal from the action to the Circuit Court of the county in which the land lies. Such appeal shall be taken within 30 days after the final action of the Commission or Board. Final action shall not include the Commission’s recommendations to other governmental bodies.
(2) All decisions of the Commission or Board which have not been appealed within 30 days shall become final. After the appeal is taken, their procedure shall be governed by the Rules of Civil Procedure. When an appeal has been filed, the clerk of the Circuit Court shall issue a summons to all parties, including the Planning and Zoning Commission in all cases, and shall cause it to be delivered for service as in any other law action.
(Prior Code, § 153.77) (Ord. 920.2, passed 10-30-1980; Ord. 2021-153, passed - -)