§ 155.047 POWERS.

   The Board of Zoning Adjustments shall have the following powers.

   (A)   The Board of Adjustment may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties. The Board 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, including the United States government, for the purpose of carrying out the provisions of this chapter. The Board shall have the power to issue subpoenas to compel witnesses to attend its meetings and give the evidence bearing upon the questions before it. The Chairperson of the Board of Adjustment shall have the power to administer oaths to witnesses prior to their testifying before the Board of any issue.

   (B)   The Board of Zoning Adjustments shall have the power to grant conditional use permits, approve dimensional variances or to hear appeals from administrative decisions.

   (C)   The Board of Zoning Adjustments shall have no power or authority to grant any use variance which permits any use of land or structure not permitted by this chapter, or to grant any conditional use not indicated in these zoning regulations and is specifically prohibited from doing.

(Ord. 8, passed 10-23-1987, § 14.03)

§ 155.048 CONDITIONAL USE PERMITS.

   (A)   The Board shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the planning area of uses which are specifically named in this zoning regulation which may be suitable only in specific locations in the zone only if certain conditions are met.

   (B)   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 shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in this zoning regulation to the specific section in this zoning regulation listing the conditional use under consideration. The Board shall have the power to revoke conditional use permits or variance for non-compliance 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 persona for such cost.

   (C)   The granting of a conditional use permit does not exempt the applicant from complying with all the requirements of building, housing and other regulations.

   (D)   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, the granting of such conditional use permit shall be reconsidered by the Board of Zoning Adjustments at a public hearing with notice as required.

   (E)   Once the Board of Zoning Adjustments has granted a conditional use permit and all of the conditions have been satisfied, then a building or occupancy permit may be issued and the use will be treated as a permitted use subject to the following limitations:

      (1)   The permitted use applies only to the specific use approved;

      (2)   The use is permitted only at the location approved;

      (3)   The permitted use is granted only to the person to whom the Board issued the conditional use permit;

      (4)   The use is permitted only subject to any continuing conditions specified by the Board; and

      (5)   The permitted conditional use is not transferable with neglect to use, location or person. Any change in ownership, person or use shall be subject to new consideration by the Board of Zoning Adjustments.

(Ord. 8, passed 10-23-1987, § 14.04)

§ 155.049 DIMENSIONAL VARIANCES.

   (A)   The Board shall have the power 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 date of adoption or amendment of this chapter or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of this zoning regulation would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.

   (B)   Before any variance is granted, the Board must find all of the following which shall be recorded along with any imposed conditions or restrictions in minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance:

      (1)   The specific conditions in detail which are unique to the applicant’s land and do not exist on other land in the same zone;

      (2)   The manner in which the strict application of the provisions of this zoning regulation would deprive the applicant of a reasonable use of land in the manner equivalent to the use permitted over landowners in the same zone;

      (3)   The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption or amendment of this chapter;

      (4)   Reasons that the variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood and, if within a floodplain zone would not increase the flood heights; and

      (5)   For dimensional variances of lowest floor elevations (including basement) from the regulatory flood elevation in a flood fringe district only: the property on which the structure is to be located is an isolated lot of one-half acre or less, contiguous to and surrounded by existing structures constructed below such required first floor elevation or a structure listed on the National Register of Historic Places is to be restored or reconstructed.

   (C)   A dimensional variance applied to the property for which it is granted and not 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. 8, passed 10-23-1987, § 14.05)

§ 155.050 ADMINISTRATIVE REVIEW.

   The Board of Zoning Adjustments shall have the power to hear and decide cases where it is alleged by an applicant that there is an error in any order, requirement, decision, grant or refusal made by the Building Inspector in the enforcement of this chapter. Appeals under this section must be taken within 30 days of the date of official action by the Building Inspector.

(Ord. 8, passed 10-23-1987, § 14.06)

§ 155.051 APPEALS.

   Appeals to the Board may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action or decisions of the Zoning Enforcement Officer. Such appeal shall be taken within 30 days after the appellant or his or her agent receives notice of the action appealed from by filing with said officer and with the Board a notice of appeal specifying the ground thereof, and giving notice of such appeal to any and all parties of record. Said officer 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, any interested person may appear and enter his or her appearance and shall be given an opportunity to be heard. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Ch. 424, as well as written notice to the appellant and the Building Inspector at least one week prior to the hearing and shall decide it within 60 days. The affected party may appear at the hearing in person or by an authorized representative.

(Ord. 8, passed 10-23-1987, § 14.07)

ZONING DISTRICTS AND MAP

§ 155.065 ESTABLISHMENT OF DISTRICTS; PURPOSE.

   These regulations establish the following zoning districts, the boundaries of which are shown on the maps, made a part of these regulations and which are designated as the “Official Zoning Map”. A description of each zone and uses permitted and indicated in §§ 155.085 through 155.091, 155.135 through 155.150 and 155.165 through 155.179 of this chapter.

(Ord. 8, passed 10-23-1987, § 2.01)

§ 155.066 DISTRICTS ESTABLISHED.

Agricultural District	AG
General Commercial District	CG
General Industrial District	IG
High Density Multi-Family District	RH
Highway Commercial District	CH
Industrial Commercial District	IC
Limited Commercial District	CL
Low Density Multi-Family District	RL
Mobile Home District	RM
Planned Commercial District	PC
Planned Mixed Use District	PM
Planned Residential District	PR
Professional Office District	PO
Rural Heritage Mixed Use District	HD
Single-Family Large Lot District	RA
Single-Family Residential Suburban Density District	RB
Single-Family Residential Urban Density District	RC
Single-Family Rural Residential District	RR
Special Design Single-Family District	RS
Special Environmental District	SE
Special Floodplain District	SF
Two Dwelling District	RD

 

(Ord. 8, passed 10-23-1987, § 2.02; Ord. 8-2024, passed 8-6-2024)