§ 12.09  APPEALS.
   12.09.01   Applicability.  Appeals may be taken by any applicant where it is alleged that an error exists in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulations.  Such appeals may be taken to the Board of Adjustment.  Appeals of decisions by the Planning Commission, Board of Adjustment, or City Commission must be taken to the Kenton Circuit Court.
   12.09.02   Application.
   (A)   An appeal may be filed, in writing, by any person or entity or his/her authorized agent claiming to be injuriously affected by an official action, order, requirement, interpretation, grant, refusal, or decision of any official charged with enforcing the zoning ordinance. The written notice of appeal must specify the grounds for the appeal. An appeal must be taken within 30 calendar days after the appellant or his agent receives notice of the action of the official that is the subject of the appeal.
   (B)   Notice of appeals must be filed with the Zoning Administrator, who must transmit the notice to the Board of Adjustment.
   (C)   The request must include the required fee for an appeal.
   (D)   Upon receipt of a notice of appeal, the Zoning Administrator must transmit to the Board of Adjustment all documents constituting the record on which the action appealed was taken and must be treated as and be the respondent in such further proceedings.
   12.09.03   Public Hearing for Administrative Appeals.
   (A)   Published.  The Board of Adjustment must publish public hearing notices for appeals in accordance with § 12.02.05.
   (B)   Mailed.  The Board of Adjustment must give written notice to the appellant, the administrative official whose action is the subject of the appeal, and all parties of record at least one calendar week prior to the hearing.
   (C)   The Board of Adjustment must fix a reasonable time for hearing the appeal and decide on the appeal within 60 calendar days.  The affected party may appear at the hearing in person or by attorney.
   (D)   At the public hearing held by the Board of Adjustment, any interested person may appear and enter his/her appearance and all interested persons must be given an opportunity to be heard.
   (E)   Pursuant to KRS 147.705, within 60 days of the decision, the Board of Adjustment must furnish its decision on this administrative appeal to Planning and Development Services of Kenton County.
   12.09.04   Appeals of Planning Commission, Board of Adjustment, or City Commission Decisions. Any appeal from the Planning Commission, Board of Adjustment, or City Commission action may be taken in the following manner:
   (A)   Any person or entity claiming to be injured or aggrieved by any final action of the Board of Adjustment may appeal the action to the Kenton Circuit Court. Such appeal must be taken within 30 days after the final action of the Board of Adjustment. All final actions which have not been appealed within 30 days will not be subject to judicial review. The Board of Adjustment must be a party in any such appeal filed in the Circuit Court.  Any final action of the Board of Adjustment that has not been appealed to the circuit court within 30 days will not be subject to judicial review.
   (B)   Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission may appeal the action to the Kenton Circuit Court. Only Planning Commission final actions granting or denying variances or conditional-use permits that were processed concurrently with a map amendment in accordance with § 12.04.09 may be appealed pursuant to this subsection. Planning Commission recommendations made to other governmental bodies may not be appealed under this subsection. The appeal must be taken within 30 days after the final action. The 30-day time frame for taking an appeal begins to run at the time the City Commission grants or denies the map amendment for the same development. All final actions that have not been appealed to the circuit court within 30 days will not be subject to judicial review. The Planning Commission must be a party in any such appeal filed in the circuit court.
   (C)   Any person or entity claiming to be injured or aggrieved by any final action of the City Commission on a map amendment may take an appeal from the action to the Kenton Circuit Court.  Such appeal must be taken within 30 days after the final action of the City Commission. All final actions that have not been appealed to the circuit court within 30 days will not be subject to judicial review. The City Commission must be a party in any such appeal filed in the circuit court.
   (D)   After the appeal is taken, the procedure will be governed by the Rules of Civil Procedure. When an appeal has been filed, the Clerk of the Circuit Court must issue a summons to all parties and cause it to be delivered for service as in any other legal action.
   (E)   The owner(s) of the subject property and applicant(s) who initiated the proceeding will be made parties to all appeals made under this subsection. Other persons speaking at the public hearing are not required to be made parties to such appeal.
   (F)   For purposes of this zoning ordinance, final action will be deemed to have occurred on the calendar date when the vote is taken to approve or disapprove the matter pending before the body.
   (G)   The computation of the 30-day time frame must be in accordance with KRS 446.030.
(Am. Ord. O-04-15, passed 3-19-15)