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(A) Correction period. All violations of this chapter shall be corrected within a period of 30 days after the order to correct is issued by the Administrative/Enforcement Officer or in such longer period of time, not exceeding six months, as the Administrative/Enforcement Officer may determine. A violation not corrected within the allowed time for correction shall be reported to the County Attorney who shall initiate prosecution procedures.
(B) Violation a misdemeanor. Every person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter or any permit, license or exception granted hereunder, or any lawful order of the Administrative/Enforcement Officer, the Board of Adjustment, the Planning Commission, the City Council, or the Fiscal Court issued in pursuance of this chapter shall be guilty of a Class B misdemeanor. Each day of violation shall constitute a separate offense.
(C) Remedies. The Administrative/Enforcement Officer, the Board of Adjustment, the Planning Commission, the Fiscal Court or any interested party may institute an injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove any violation of this chapter.
(Ord. passed 1-11-2005)
The Fiscal Court shall establish schedules of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matters pertaining to this chapter. The schedules of fees shall be posted in the offices of the Administrative/Enforcement Officers, and may be altered or amended only by official action of the appropriate legislative body. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. passed 1-11-2005)
BOARD OF ADJUSTMENT
(A) A Board of Adjustment shall be established before the county zoning ordinance shall be legally enforced. The Board established shall consist of three, five or seven citizen members, two of whom may be citizen members of the Planning Commission from the appropriate jurisdiction. A CITIZEN MEMBER means any member of the Planning Commission or Board of Adjustment who is not also an elected or appointed official or employee of the county. The term of office for members of the Board shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively. One year appointments shall be made in May of each year by the Judge/Executive. Vacancies on the Boards shall be filled within 60 days by the respective legislative body. If the Judge/Executive fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
(B) All members of the Boards shall, before entering upon their duties, qualify by taking the oath of office prescribed by § 228 of the Constitution of the Commonwealth before a judge, county judge/executive, notary public, clerk of a court or justice of the peace of the county.
(C) Reimbursement for expenses or compensation or both may be authorized for members of the Board.
(D) Any member of the Boards may be removed by the appointing authority for inefficiency, neglect of duty, malfeasance or conflict of interest. The appointing authority, who exercises the power to remove a Board member, shall submit a written statement to the Planning Commission setting forth the reasons for removal and the statement shall be read at the next meeting of the Board of Adjustment. The member so removed shall have the right of appeal to the Circuit Court of the county.
(E) The Boards shall annually elect a Chairperson and Vice Chairperson and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of his or her term.
(Ord. passed 1-11-2005)
(A) The Board shall conduct meetings at the call of the Chairperson who shall give written or oral notice to all members of the Board at least seven days prior to the meeting which notice shall contain the date, time and place for the meeting, and the subject or subjects which will be discussed.
(B) A simple majority of the total membership, as established by regulation or agreement, shall constitute a quorum. Any member of the Board who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself or herself from voting on the question.
(C) The Board shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings and determinations and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the Board. If the Board has no office, such records may be kept in custody of an officer of the Board and shall be available to the general public. A transcript of the minutes of the Board shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.
(Ord. passed 1-11-2005)
(A) The Board of Adjustment may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties.
(B) The Board shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it. The Sheriff shall serve such subpoenas. The Circuit Court may, upon application by the Board, compel obedience to such court or such subpoena by proceedings of contempt.
(C) The Chairperson of the Board, or in his or her absence, the Acting Chairperson, shall have the power to administer an oath to witnesses prior to their testifying before the Board on any issue.
(Ord. passed 1-11-2005)
The Board shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning ordinance and which may be suitable only in specific locations in the district and only if certain conditions are met.
(A) The Board may approve, modify or deny any application for a conditional use permit. Before granting any such permits, the Board is required to consider the comments of all adjoining property owners. 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 of a continuing nature. Any such conditions shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning ordinance listing the conditional use under consideration. The Board shall have power to revoke conditional use permits, or variances, for noncompliance 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 person for such cost.
(B) Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing and other regulations.
(C) 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, such conditional use permit shall not revert to its original designation unless there has been a public hearing. EXERCISED, as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement has been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, EXERCISED shall mean that the use is in operation in compliance with the conditions as set forth in the permit.
(D) The Administrative/Enforcement Officer shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect title land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permit If the landowner is not complying with all of the conditions which are listed on the conditional use permit, the Administrative/Enforcement Officer shall state conditions on the conditional use permit, and copy of the report shall be furnished to the landowner at the same time that it is furnished to the Chairperson of the Board. If the Board finds that the facts alleged in the report of the Administrative/Enforcement Officer are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board may authorize the Administrative/Enforcement Officer to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.
(E) Once the Board has approved a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the Administrative/Enforcement Officer, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the County Clerk, as required in KRS 100.237. Thereafter, said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
(Ord. passed 1-11-2005)
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