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13.02.01 Establishment; Makeup.
(A) The Board of Adjustment must consist of five members, all of whom must be citizen members and not more than two of whom may be citizen members of the Planning Commission.
(B) The Mayor will be the appointing authority of the Board of Adjustment, subject to the approval of the City Commission.
(C) The term of office for the Board of Adjustment is four years, but the term of office of members first appointed must be staggered so that a proportionate number serve one, two, three , and four years, respectively.
(D) Vacancies on the Board of Adjustment must be filled within 60 calendar days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission must fill the vacancy. When a vacancy occurs, other than through expiration of the term of office, it must be filled for the remainder of that term.
(E) All members of the Board of Adjustment must, before entering on their duties, qualify by taking the oath of office prescribed by § 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of court, or justice of the peace, in the zone or county in which they reside.
(F) Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.
(G) Any member of the Board of Adjustment may be removed by the Mayor, subject to the approval by the City Commission, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The Mayor exercising the power to remove a member from the Board of Adjustment must submit a written statement to the Planning Commission setting forth the reasons and the statement must be read at the next meeting of the Board of Adjustment which must be open to the general public. The member so removed will have the right of appeal from the removal to the circuit court of the county in which he or she resides.
(H) The Board of Adjustment must elect annually a Chairperson, Vice Chairperson, and Secretary, and any other officers it deems necessary, and any officer will be eligible for reelection at the expiration of this term
13.02.02 Meetings of the Board of Adjustment .
(A) The Board of Adjustment must conduct meetings at the call of the Chairperson, who must give written or oral notice to all members of the Board of Adjustment at least seven days prior to the meeting, which notice must contain the date, time, and place for the meeting, and the subject or subjects which will be discussed.
(B) A simple majority of the total membership of the Board of Adjustment, as established by regulation or agreement, will constitute a quorum.
(C) Any member of the Board of Adjustment who has any direct or indirect financial interest in the outcome of any question before the body must disclose the nature of the interest and must disqualify himself or herself from voting on the question.
(D) The Board of Adjustment must adopt bylaws for the transaction of business and must 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 must, immediately after adoption, be filed in the office of the Board of Adjustment. A transcript of the minutes of the Board of Adjustment must be provided if requested by a party, at the expense of the requesting party, and the transcript must constitute the record.
(E) The Board of Adjustment will have the right to receive, hold, and spend funds which it may legally receive from any and every source in and out of the Commonwealth of Kentucky, including the United States Government.
(F) The Board of Adjustment will have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.
(G) The Chairperson of the Board of Adjustment will have the power to administer an oath to witnesses prior to their testifying before the Board of Adjustment on any issue.
(H) The Board of Adjustment may appoint one or more of its members to act as hearing examiner to preside over a public hearing or public meeting and make recommendations to the Board of Adjustment based upon a transcript or record of the hearing.
13.02.03 Powers and Duties. The Board of Adjustment has the following powers and duties:
(A) To hear and decide on applications for zoning variances.
(B) To hear and decide appeals where is alleged, by the appellant, that there is an error in any order, requirement, decision, grant, or refusal made by a Zoning Administrator in the enforcement of this zoning ordinance.
(C) To hear and decide applications for conditional-use permits to allow the proper integration into the community of uses which are specifically named herein.
(D) To hear and decide, in accordance with the provisions of this zoning ordinance and the adopted comprehensive plan, requests for the change from one nonconforming use to another or the enlargement or extension of certain nonconforming uses, pursuant to KRS 100.253.
(A) In exercising its powers and duties, the Board of Adjustment may, so long as such action is in conformity with the provisions of this zoning ordinance, reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination as made by the Zoning Administrator, from whom the appeal is taken.
(B) A majority of Board of Adjustment members present and voting will be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, so long as such action is in conformity with the provisions of this zoning ordinance; or to decide in favor of the applicant on any matter on which it is required to pass under this zoning ordinance; or to effect any variation in the application of this zoning ordinance.
(C) The details of the decision of the Board of Adjustment must be forwarded to the Zoning Administrator.
(Ord. O-37-06, passed 8-15-06)