§ 152.08 RECORDING OF WRITTEN AGREEMENT.

   The planning unit shall comply with the provisions of KRS 100.127 and see that this written agreement for the joint planning unit between the Henry County Fiscal Court and the legislative bodies for the cities of New Castle, Pleasureville, Campbellsburg, Eminence, and Smithfield is duly recorded. Upon completion of such written agreement, the agreement should be filed in the office of the Henry County Court Clerk, and office of the Clerk of each city participating in the planning unit.

(Ord. 86-910-007, passed 11-4-86; Am. Ord. 89-040, passed 11-7-89; Am. Ord. 91-005, passed 6-10-91)

§ 152.09 CREATION OF BOARD OF ADJUSTMENT AUTHORIZED.

   (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)

§ 152.10 INTERIM PLANNING AND ZONING ORDINANCE.

   (A)   There is the finding by the Henry County Fiscal Court, the legislative bodies of New Castle, Pleasureville, Campbellsburg, Eminence, and Smithfield that an emergency exists and by the passage of this chapter and agreement this is an initial finding by the Henry County Fiscal Court and the legislative body of each city participating in the planning unit that during the time the comprehensive master plan is being prepared, it would be destructive of such plan to permit the further mixing of incompatible land uses.

   (B)   An interim zoning and planning ordinance should be adopted for a maximum time of 12 years pending completion of the master or comprehensive plan, whichever is the shorter period. Pursuant to the provisions of KRS 100.201 and 100.328, the Henry County Fiscal Court and the legislative body of each city participating in the planning unit does hereby declare that an interim zoning and planning regulation and ordinance should be adopted in order to divide the territories within their jurisdiction into zones on an interim basis to promote public health, safety, morals, and general welfare of the planning unit to facilitate orderly and harmonious development in the visual and historical character of the unit, and to regulate the density of population and intensity of land use in order to provide for adequate light and air, and to maintain the status quo pending completion of the final master or comprehensive plan for this planning unit.

(Ord. 86-910-007, passed 11-4-86; Am. Ord. 89-040, passed 11-7-89; Am. Ord. 91-005, passed 6-10-91)

DOCUMENTS ADOPTED BY REFERENCE

§ 152.20 COMPREHENSIVE PLAN ADOPTED.

   The Henry County Comprehensive Plan, adopted 12-6-89, is hereby adopted by reference and made a part of this code as if set out in full herein.

§ 152.21 SUBDIVISION REGULATIONS ADOPTED.

   The Henry County Subdivision Regulations, adopted 5-9-90, are hereby adopted by reference and made a part of this code as if set out in full herein.