Skip to code content (skip section selection)
Compare to:
Loading...
§ 153.261 ZONING INSPECTOR; DUTIES.
   (A)   A Zoning Inspector designated by the City Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the City Council may direct.
   (B)   For the purpose of this chapter, the Zoning Inspector shall have the following duties:
      (1)   Upon finding that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violation, ordering the action necessary to correct the violation;
      (2)   Order discontinuance of illegal uses of land, buildings or structures;
      (3)   Order removal of illegal buildings or structures or illegal additions or structural alterations;
      (4)   Order discontinuance of any illegal work being done; and
      (5)   Take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of and action on zoning and similar administrative duties as are permissible under the law.
(Ord. 2013-2, passed 2-7-2013)
§ 153.262 PLANNING COMMISSION; PROCEEDINGS; DUTIES.
   (A)   The Planning Commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be of public record and be immediately filed in the office of the Commission.
   (B)   For the purpose of this chapter, the Planning Commission shall have the following duties:
      (1)   Initiate proposed amendments to this chapter when or where needed;
      (2)   Review all proposed amendments to this chapter and make recommendations to the City Council as specified in §§ 153.200 through 153.209 ;
      (3)   Review all planned unit developments and make recommendations to the City Council as provided in §§ 153.050 through 153.064;
      (4)   Assume the duties of the Board of Zoning Adjustment as provided in § 153.263(C)(2) in cases where the subdivision of property requires one or more variances. In exercising these duties the Planning Commission shall assume and adhere to the procedural requirements as specified in this chapter pursuant to §§ 153.267 through 153.271 and KRS 100.231, 100.233, 100.237, 100.241, 100.243, 100.247 and 100.251; and
      (5)   Assume the duties of the Board of Zoning Adjustment as provided in § § 153.263(C)(2) and (C)(3) in cases where the rezoning of property requires one or more variances or conditional use permits. In exercising these duties the Planning Commission shall assume and adhere to the procedural requirements as specified in this chapter pursuant to §§ 153.267 through 153.271 and §§ 153.095 through 153.103 and § 153.203.
(Ord. 2013-2, passed 2-7-2013)
§ 153.263 BOARD OF ZONING ADJUSTMENT; DUTIES.
   (A)   A Board of Zoning Adjustment is hereby created as set forth in KRS 100.217. The Board shall consist of five citizen members, no more than two of whom may be citizen members of the Planning Commission. The term of office for the Board of Zoning Adjustment shall be four years. Members are to be appointed and all vacancies are to be filled as provided in KRS 100.217.
   (B)   The Board shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be public record and be immediately filed in the office of the Board.
   (C)   In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such other requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. For the purpose of this chapter, the Board has the following specific responsibilities:
      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector;
      (2)   To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; and
      (3)   To grant conditional use permits as specified in the official schedule of uses and under the conditions specified in §§ 153.050 through 153.064, and such additional safeguards as will uphold the intent of this chapter.
(Ord. 2013-2, passed 2-7-2013)
§ 153.264 CONFORMANCE OF APPEALS AND VARIANCES; APPELLATE JURISDICTION.
   (A)   Appeals and variances shall conform to the procedure and requirements of this subchapter.
   (B)   As set forth in § 153.263(C), the Board of Zoning Adjustment has appellate jurisdiction relative to appeals and variances.
(Ord. 2013-2, passed 2-7-2013)
§ 153.265 APPEALS.
   Appeals to the Board of Zoning Adjustment concerning interpretation or administration of this chapter may be taken by any persons or entity claiming to be injuriously affected or aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Zoning Inspector. The appeal shall be taken within 30 days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Adjustment, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Adjustment all the papers constituting the record upon which the action appealed from was taken. At the public hearing on the appeal held by the Board, any interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard.
(Ord. 2013-2, passed 2-7-2013)
§ 153.266 STAY OF PROCEEDINGS.
   Any appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Adjustment after the notice of appeal is filed with him or her, that by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken or due cause shown.
(Ord. 2013-2, passed 2-7-2013)
Loading...