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A. A Board of Adjustment is hereby established.
B. The Board of Adjustment shall consist of either three, five, or seven members, all of whom must be citizen members and not more than two of who may be citizen members of the Planning Commission.
C. The Mayor shall be the appointing authority of the Board of Adjustment subject to the approval of the City Council.
D. The term of office for the Board of Adjustment shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively.
E. Vacancies on the Board of Adjustment shall be filled within 60 calendar days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
F. All members of the Board of Adjustment shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of court, or justice of the peace within the district or county in which they resides.
G. Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.
H. Any member of the Board of Adjustment may be removed by the Mayor, subject to the approval by the City Council, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The Mayor exercising the power to remove a member from the Board of Adjustment shall submit a written statement to the Planning Commission setting forth the reasons and the statement shall be read at the next meeting of the Board of Adjustment which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the circuit court of the county in which he resides.
I. The Board of Adjustment shall elect annually a chairman, vice chairman, secretary, and any other officers it deems necessary, and any officer shall be eligible for re-election at the expiration of this term.
(Ord. 2017-6, passed 4-4-17)
A. The Board of Adjustment 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, which notice shall contain the date, time, and place for the meeting, and the subjects which will be discussed.
B. A simple majority of the total membership of the Board of Adjustment, as established by regulation or agreement shall constitute a quorum. Any member of the Board of Adjustment who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself from voting on the question.
C. The Board of Adjustment 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 of Adjustment. 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.
D. The Board of Adjustment shall 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.
E. The Board of Adjustment shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.
F. The Chairperson of the Board of Adjustment shall have the power to administer an oath to witness prior to their testifying before the Board on any issue.
(Ord. 2017-6, passed 4-4-17)
A. Appeals to the Board of Adjustment may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action or decision of the City Inspector/Zoning Administrator. This appeal shall be taken within 30 calendar days after the appellant or his agent receives notice of the action to be appealed from, by filing with said City Inspector/Zoning Administrator 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. A fee, as required by § 19.0 shall also be given to the City Inspector/Zoning Administrator at this time. The City Inspector/Zoning Administrator 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 further proceedings. At any hearing by the Board an interested person may appear and enter his appearance, and all shall be given an opportunity to be heard.
B. The Board of Adjustment shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the City Inspector/Zoning Administrator at least one calendar week prior to the hearing, and shall decide on the appeal within 60 consecutive calendar days. The affected party may appear at the hearing in person or by attorney.
(Ord. 2017-6, passed 4-4-17)
A. Any person or entity claiming to be injured or aggrieved by any final action of the Board of Adjustment shall appeal from the action to the circuit court of the county in which the property, which is the subject of the action of the Board of Adjustment, lies. Such appeal shall be taken within 30 days after the final action of the Board. All final actions, which have not been appealed within 30 days, shall not be subject to judicial review. The Board of Adjustment shall be a party in any such appeal filed in the circuit court.
B. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall appeal from the final action to the circuit court of the county in which the property, which is the subject of the commission’s action, lies. Such appeal shall be taken within 30 days after such action. Such action shall not include the commission’s recommendations made to other governmental bodies. All final actions, which have not been appealed within 30 days, shall not be subject to judicial review. Provided, however, any appeal of a Planning Commission action granting or denying a variance or conditional use permit authorized by KRS 100.203(5) shall be taken pursuant to this subsection. In such case, the 30 day period for taking an appeal begins to run at the time the City Council grants or denies the map amendment for the same development. The Planning Commission shall 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 Council relating to a map amendment shall appeal from the action to the circuit court of the county in which the property, which is the subject of the map amendment, lies. Such appeal shall be taken within 30 days after the final action of the City Council. All final actions, which have not been appealed within 30 days, shall not be subject to judicial review. The City Council shall be a party in any such appeal filed in the circuit court.
D. The owner of the subject property and applicants who initiated the proceeding shall be made parties to the appeal. Other persons speaking at the public hearing are not required to be made parties to such appeal.
E. For purposes of this appendix, final action shall be deemed to have occurred on the calendar date when the vote is taken to approve or disapprove the matter pending before the body.
(Ord. 2017-6, passed 4-4-17)
An appeal stays all proceedings in furtherance of the action appealed from, unless the City Inspector/Zoning Administrator from whom the appeal is taken, certifies to the Board of Adjustment, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a court of record on application, or on notice to the City Inspector/Zoning Administrator from whom the appeal is taken and on due cause shown.
(Ord. 2017-6, passed 4-4-17)
Upon appeals, the Board of Adjustment shall have the following powers:
A. To hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of this appendix, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the requirements (height or width of building or size of yards, but not population density) of the zoning chapter would deprive the applicant of reasonable capacity to make use of the land.
B. To hear and decide appeals where it is alleged, by the appellant, that there is an error in any order, requirement, decision, grant or refusal made by the City Inspector/Zoning Administrator in the enforcement of this appendix. An appeal shall be taken within 60 consecutive calendar days.
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 which may be suitable only in specific locations in the zone only if certain conditions are met as specified in § 9.14.
D. To hear and decide, in accordance with the provisions of this appendix requests for interpretation of the official zoning map or for decisions upon other special questions upon which the Board is authorized to act upon.
(Ord. 2017-6, passed 4-4-17)
A. The Board of Adjustment shall have the power to hear and decide on applications for variances. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.
B. 1. 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 vicinity, will not cause a hazard or nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether:
a. That the requested variance arises from special circumstances exist which do not generally apply to land in the general vicinity, or in the same zone;
b. That the manner in which 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
c. The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
2. 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 to the adoption of the zoning regulations from which relief is sought.
C. The Board shall not possess the power to grant a variance or permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter the density of dwelling unit requirements in the zone in question.
D. 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 the land, but it cannot be transferred by the applicant to a different site.
(Ord. 2017-6, passed 4-4-17)
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