(A) Who May Appeal. Any appeal to the Board of Adjustment may be taken by any person, firm, or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the Administrative Officer based in whole or in part upon the provisions of this chapter.
(B) Time Limitation. Such an appeal shall be made by filing with the Board of Adjustment, a notice of appeal, specifying the grounds thereof. The notice of appeal shall be filed within thirty (30) days from the date upon which the notice of refusal of zoning permit or certificate of compliance is mailed by the Administrative Officer and failure to file notice of appeal within thirty (30) days shall constitute a waiver of the right to appeal.
(C) Establishing Meeting Date. The Board of Adjustment shall set a date not more than thirty (30) days after receiving the above records for hearing of the appeal.
(D) Notice.
(1) Public notice shall be given in accordance with Kentucky Revised Statutes Chapter 424 and all interested parties shall be notified of the pending hearing. The appellant will be given notice at least one week prior to the hearing.
(2) An appropriate sign will be posted on the property for which the variance is requested at least ten (10) days before the public hearing. The sign will describe the variance requested and the meeting date, time and place. The Secretary of the Board of Adjustment or a person appointed by the Board, shall post the sign.
(E) Evidence of Hardship. The applicant must present evidence that the property will not yield a reasonable return if used in compliance with the Regulation; that the conditions causing the hardship are unique and not shared by neighboring property in the same zone; that the granting of the appeal will not conflict with the zoning code. The Board shall use this evidence, and any other evidence presented in accordance with Kentucky Revised Statutes, Chapter 100, in granting a variance in accordance with § 153.084(C).
(F) Notice of Decision. The Board of Adjustment shall decide the appeal within sixty (60) days and give written notice to the Administrative Officer and appellant of its decision.
(Ord. 99-6, passed 7-19-99)