Loading...
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)
A. Conditional use permits shall not be issued without the specific approval of the Board of Adjustment, as provided in this section.
B. The Board of Adjustment shall have the power to hear and decide on applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning regulations which may be suitable only in specific locations in the zone only if certain conditions are met:
1. The Board may approve, modify, or deny any application for a conditional use permit. If it approves such permit it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulation listing the conditional use under consideration. The Board shall have power to revoke conditional use permits, or variances for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.
2. Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.
3. In any case where a conditional use permit has not been exercised within the time limit set by the Board, or within one year, if no specific time limit has been set, such conditional use permit shall not revert to its original designation unless there has been a public hearing. “EXERCISED,” as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement have been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment under contract, in development, are completed. When construction is not a part of the use, “EXERCISED” shall mean that the use is in operation in compliance with the conditions as set forth in the permit.
4. The City Inspector/Zoning Administrator shall review all conditional use permits, except for those which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permit. If the landowner is not complying with all of the conditions listed on the conditional use permit, the City Inspector/Zoning Administrator shall report the fact in writing to the Chairperson of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the Chairperson of the Board of Adjustment. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the Board of Adjustment finds that the facts alleged in the report of the City Inspector/Zoning Administrator are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Adjustment may authorize the City Inspector/Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.
5. Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the City Inspector/Zoning Administrator, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
6. When an application is made for a conditional use permit for land located within or abutting any residential zoning district, written notice shall be given at least 15 days in advance of the public hearing on the application to the applicant, City inspector/Zoning Administrator, the Mayor and City Clerk of any city of the fifth or sixth class so affected, within any county containing a city of the first class, an owner of every parcel of property adjoining the property to which the application applies and such other persons as the local zoning ordinance, regulations, or Board of Adjustment bylaws shall direct. Written notice shall be by first class mail with certification by the Board’s Secretary or other officer that the notice was mailed. It shall be the duty of the applicant to furnish to the Board the name and address of an owner of each parcel of property as described in this division. Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the President or Chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the property valuation administrator’s records as having the same address.
7. When any property within the required notification area for a public hearing upon a conditional use permit application is located within an adjoining city, county, or planning unit, notice of the hearing shall be given at least 14 days in advance of the hearing, by first-class mail to certain public officials, as follows:
a. If the adjoining property is part of a planning unit, notice shall be given to that unit’s planning commission; or
b. If the adjoining property is not part of a planning unit, notice shall be given to the mayor of the city in which the property is located or, if the property is in an unincorporated area, notice shall be given to the judge/executive of the county in which the property is located.
(Ord. 2017-6, passed 4-4-17)
A. In exercising the aforementioned powers, the Board of Adjustment may, so long as such action is in conformity with the provisions of this appendix, reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination as made by the City Inspector/Zoning Administrator, from whom the appeal is taken.
B. A simple majority of the total quorum of the Board of Adjustment, as established by regulation or agreement, shall be necessary to reverse any order, requirement, decision or determination of the City Inspector/Zoning Administrator, so long as such action is in conformity with the provisions of this appendix; or to decide in favor of the applicant on any matter upon which it is required to pass under this appendix, or to effect any variation in the application of this appendix.
C. The details of the decision of the Board shall be forwarded to the City Inspector/Zoning Administrator.
(Ord. 2017-6, passed 4-4-17)
A. Violation of any provision of Chapter 154, Appendix §§ 9.1 through 9.12 and 9.18 through 16.3, is declared to be a civil offense. Any person violating any provision shall be fined not more than two hundred dollars ($200.00). Any person electing not to contest citation for said offense shall be fined two hundred dollars ($200.00). Each day of violation shall constitute a separate offense.
B. Violation of any provision of Chapter 154, Appendix § 9.15 or 9.16, is declared to be a civil offense. Any person violating any provision shall be fined not more than five hundred dollars ($500.00). Any person electing not to contest citation for said offense shall be fined five hundred dollars ($500.00). Each day of violation shall constitute a separate offense.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
Any person or entity who violates any of the provisions of this appendix for which no other penalty has been specifically provided shall upon conviction be fined not less than ten dollars ($10.00) but no more than five hundred dollars ($500.00) for each conviction. Each day of violation shall constitute a separate offense.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
1. The Board shall have the following duties and powers:
a. To recommend to City Council written guidelines for undertaking new infill development;
b. To regulate infill development;
c. To work with and advise the federal, state, and county governments and other parts of city government on its area of expertise;
d. To advise and assist property owners and other persons and groups, including neighborhood organizations who are interested in infill development;
e. To conduct educational programs, including the preparation of publications;
f. To take any and all other actions which may be assigned to it by the Mayor and/or City Council.
2. The Board shall recommend to City Council plans for infill development.
3. The Board shall prepare comments on the relationship between Dayton’s existing and historic buildings and plans for redevelopment projects. These comments shall include suggestions on how to link the new and old buildings.
4. The Board shall adopt and make public rules for the transaction of its business and comply with the Kentucky Open Meetings Act, KRS 61.805. A simple majority of the membership shall constitute a quorum for decisions involving historic buildings and areas.
5. The Board shall prepare and keep on file, available for public inspection, a written annual report of the activities, cases, decisions, and other work.
6. The Board, in addition to any appropriations made by the City of Dayton, shall have the right to recommend to City Council applications for grants and special funding which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky for the purpose of carrying out its duties.
7. The Board shall receive regular assistance in the performance of its responsibilities from a city staff member. In addition, the city may, by contract, obtain assistance on infill development matters from a professional with expertise in infill development or a closely related field. Other city staff members may be asked to assist the Board by providing technical advice or helping in the administration of this chapter.
(Ord. 2022-3, passed 3-15-22)
Loading...