§ 158.303 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 §§ 158.055 through 158.071, and such additional safeguards as will uphold the intent of this chapter.

(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)