(A) A Board of Adjustment is hereby created which shall represent the interests of Campbellsburg, Eminence, Smithfield, New Castle, Pleasureville and the Henry County District Court. The Board of Adjustment shall be made up of seven (7) members with four (4) of the members to be appointed by the Henry County Judge/Executive subject to the approval of the Henry County Fiscal Court and three (3) members of the Board of Adjustment to be appointed jointly by the Mayors of the five (5) incorporated cities subject to the approval of the legislative bodies of each of the cities. The terms of the office of the members of the Board of Adjustment shall be staggered pursuant to KRS 100.217.
(B) The Board of Adjustment shall be appointed and shall qualify pursuant to the terms of KRS 100.217. The Board of Adjustment shall hold meetings as provided by KRS 100.221, and shall comply with all other provisions of KRS Chapter 100 pertaining to such Board of Adjustment. The Board of Adjustment shall determine all conditional use permits as provided by KRS 100.237. The Board shall have the power to hear and determine and decide applications for conditional use permits to allow the proper insertion into the community of uses which are specifically named in the zoning resolutions and regulations and which may be suitable only in specific locations in the zone only if certain conditions are met.
(C) Further, the Board of Adjustment shall have the power to hear and determine applications for dimensional variances as provided by KRS 100.241. The Board of Adjustment shall not possess the power to grant a variance to 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 density requirements in the zone in question, as provided by KRS 100.247.
(D) There is hereby expressly reserved to the Henry County Fiscal Court and legislative bodies of New Castle, Pleasureville, Campbellsburg, Eminence, and Smithfield, the reviewing authority to determine the final validity of any change of zoning regulations, map amendments, or interim zoning regulations within the boundaries of each of their respective jurisdictions as established by this order, and as provided by KRS 100.213 and other provisions of the Kentucky Revised Statutes and laws of the Commonwealth of Kentucky.
(Ord. 86-910-007, passed 11-4-86; Am. Ord. 89-040, passed 11-7-89; Am. Ord. 91-005, passed 6-10-91; Am. Ord. 92-002, passed 1-13-92)