Any person aggrieved by any decision of the Building Inspector regarding the issuance of a building permit may appeal the decision to the Board of Adjustment. The Board of Adjustment is authorized to vary the requirements for issuance of a building permit, as set out herein, when the variance will not be contrary to the public interest, and where, or into special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship or practical difficulty. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
(A) A written application for a variance is submitted, by way of appeal, demonstrating:
(1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and are which are not applicable to other lands, structures, or buildings in the same area;
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights, commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That the special conditions and circumstances do not result from the actions of the applicant;
(4) That granting the variance requested would not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same area.
(B) No nonconforming use of neighboring lands, structures, or buildings in the same area, and no permitted or nonconforming use of lands, structures, or buildings in other areas shall be considered grounds for the issuance of a variance by the Board of Adjustment.
(C) Notice of a public hearing on the issue of appeal and grant of a variance shall be given in accordance with the following conditions:
(1) Notice shall be given within 15 days in advance of the meeting at which the public hearing is to be held, or of a special meeting for such public hearing.
(2) The owner of the property for which the variance is sought, or his or her agent, shall be notified by certified mail, return receipt requested, or registered mail.
(3) Notice of such hearing shall be posted on the property for which the permit is sought at the City Hall or Court House, and in one other public place at least 15 days prior to the public hearing.
(4) The public hearing shall be held in accordance with the open meeting requirements of Kentucky Revised Statutes;
(5) Any party may appear in person or by counsel.
(D) Before granting such a variance, the Board of Adjustment shall make findings that the requirements in division (A) of this section have been met by the applicant for such variance, and shall further make a finding that the reasons set forth in the application, and the evidence and proof received at the public hearing, justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; further, the Board shall find that the granting of a variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(E) In granting any such variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under §§ 150.13 and 150.99 of the Code of Ordinances.
(F) Under no circumstances shall the Board of Adjustment grant a variance to allow any use not permitted under the terms of this chapter in the area involved, or any use expressly or by implication prohibited by the terms of this chapter in the area.
(G) There shall be a fee of $500 for any appeal to the Board of Adjustment to cover any expenses.
(Ord. 90.05, passed 4-11-01; Am. Ord. 2021:9, passed 12-21-21)