Skip to code content (skip section selection)
(A) An application for a variance must be filed by the owner of the subject property or the property owner's authorized agent.
(B) Applications must be filed with the Zoning Administrator.
(C) Applicants for a zoning map amendment and a variance for the same property may elect to have any necessary variance applications be heard and decided by the Planning Commission in accordance with § 12.04.09.
12.08.02 Public Hearing Notice.
(A) Published. Public hearing notices must be published in accordance with § 12.02.05.
(1) Written notice must be given at least seven days in advance of all required public hearings to:
(a) The applicant, and
(b) Administrative official.
12.08.03 Board of Adjustment Action; Decision-Making Criteria.
(A) The Board of Adjustment must hold at least one public hearing on all applications for variances.
(B) In acting on applications for variances, the Board of Adjustment is authorized to approve or deny the application. If the Board of Adjustment approves the application, it may impose any reasonable conditions or restrictions on any variance it decides to grant. Violation of such conditions or restrictions, when made a part of the terms under which the variance is granted, will be deemed a violation of this zoning ordinance.
(C) Before any variance is granted, the Board of Adjustment 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 vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the Board of Adjustment must consider whether:
(1) The requested variance arises from special circumstances that do not generally apply to land in the general vicinity, 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 would 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.
(D) The Board of Adjustment must deny any request for a variance arising from circumstances that are the result of willful violations of this zoning ordinance by the applicant after adoption of this zoning ordinance from which relief is sought.
12.08.04 Use and Density Variances Prohibited. The Board of Adjustment is not authorized to grant a variance to permit a use of any land, building, or structure that is not permitted by this zoning ordinance in the zone in question, or to alter the density of dwelling-unit requirements in the zone in question.
12.08.05 Variance Runs with Land. A variance applies to the property for which it is granted and not to the individual who applied for it. A variance also runs with the land and is transferable to any future owner of land, but it cannot be transferred by the applicant to a different site.
12.08.06 Notice of Decision to PDS. Pursuant to KRS 147.705, within 60 days, the Board of Adjustment's decision on zoning variance matters must be furnished to Planning and Development Services of Kenton County.
(Am. Ord. O-04-15, passed 3-19-15)