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The Board shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision, grant or refusal made by the Administrative/Enforcement Official in the enforcement of this chapter. A request for review shall be taken within 30 days after the applicant or his agent receives notice of the action alleged to be in error.
(Ord. passed 1-11-2005)
(A) Appeals to the Board may be taken by any person, or entity, claiming to be injuriously affected or aggrieved by an official action or decision of any officer enforcing this chapter. 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 appropriate Board a notice of appeal specifying the grounds 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 all shall be given opportunity to be heard.
(B) The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the Administrative/Enforcement Official 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 attorney.
(C) Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission or Board of Adjustments may appeal from the action to the circuit court of the county in which the land lies.
(D) All appeals shall be taken in the circuit court within 30 days after the action or decision of the Planning Commission or Board of Adjustment and all decisions which have not been appealed within 30 days shall become final. After the appeal is taken, the procedure shall be governed by the rules of civil procedure. When an appeal has been filed, the Clerk of the Circuit Court shall issue a summons to all parties, including the Planning Commission in all cases, and shall cause it to be delivered for service as in any other law action.
(Ord. passed 1-11-2005)
NONCONFORMING LOTS, STRUCTURES AND USES
It is the intent of this chapter to permit nonconforming lots, structures and/or uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, extended or be used as grounds for adding structures or uses prohibited elsewhere in the same district.
(Ord. passed 1-11-2005)
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and permitted accessory uses, including manufactured and certified mobile homes as permitted in §§ 154.145 through 154.150, may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(B) This provision shall apply even though such lot fails to meet the requirements for area and width or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(Ord. passed 1-11-2005)
Nonconforming structures and uses shall be allowed to continue to exist as per KRS 100.253 as follows.
(A) The lawful use of a building or premises, existing at the time of adoption of any zoning regulations affecting it may be continued, although such use does not conform to the provisions of such regulations.
(B) The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted, nor shall the Board permit a change from one nonconforming use to another unless the new nonconforming is in the same or in a more restrictive classification.
(Ord. passed 1-11-2005)
(A) Work may be done on ordinary repair and maintenance, or on repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition a building or other structure in accordance with the order of an appropriate public agency which declares such building or other structure to be unsafe and orders its restoration to a safe condition.
(Ord. passed 1-11-2005)
ESTABLISHMENT OF DISTRICTS
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