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The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, determination or interpretation of this chapter or district boundaries on the Official Zoning Map made by the Administrative Official. Such appeal shall be filed within thirty (30) days.
(Ord. 2003-06, passed 3-3-03)
(A) The Board shall:
(1) Hear and decide only such exception as the Board of Adjustments is specifically authorized to pass on by the terms of this chapter;
(2) Decide such questions as are involved in determining whether conditional use permits should be granted; and
(3) Grant conditional use permits with such safeguards as are appropriate under this chapter or deny conditional use permits when not in harmony with the purpose and intent of this chapter or with the purpose and intent of the Comprehensive Plan.
(B) Conditional use permits shall not be granted by the Board of Adjustments unless and until:
(1) A written application for a conditional use permit is submitted indicating the division of this chapter under which the permit is sought and stating the grounds on which it is requested. Applicable fees must be paid before action is taken.
(2) A public hearing is held. Any party may appear in person or by an agent or attorney.
(3) Notice is given no more than twenty-one (21) days nor less than seven (7) days in accordance with KRS 424.130(b) before the date of said hearing. Notice shall be sent to every adjoining property owner by first-class mail postmarked at least seven (7) days prior to the public hearing. In cases where the subject property is located within or abutting a residential zoning district, written notice shall be at least fourteen (14) days in advance of the public hearing.
(4) Notice shall be published in a newspaper at least once no more than twenty-one (21) days or less than seven (7) days in advance of the public hearing.
(C) The Board of Adjustments shall make a finding that:
(1) It is empowered under the division of the chapter described in the application to grant the conditional use permit; and
(2) The granting of the permit will not adversely affect the general health, safety and welfare of the public.
(D) Before any conditional use permit shall be issued, the Board of Adjustments shall make written findings certifying compliance with the specific rules governing individual permits and that satisfactory provision arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required with particular attention to the items in §§ 156.160 et seq. and the noise, glare or odor effects of the conditional use permit on adjoining properties and properties generally in the district;
(3) Refuse and public service areas;
(4) Utilities with reference to locations, availability and compatibility;
(5) Screening and buffering with reference to type, dimensions and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(7) Required yards and other open space;
(9) General compatibility with adjacent properties and other properties in district; and
(10) Other items pertaining to the general health, safety and welfare of the public or as required in individual district regulations (see §§ 156.020 et seq.).
(E) A conditional use permit shall be exercised within one (1) year from the date of issuance within the meaning of KRS 100.237 or it shall expire.
(F) The Administrative Official shall review all conditional use permits except for those for which all conditions have been permanently satisfied at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all the conditions which are listed on the conditional use permit.
(G) If the landowner is not complying with all conditions listed on the permit, the Administrative Official shall report the fact in writing to the chairman of the Board of Adjustments. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the chairman of the Board of Adjustments.
(H) Upon hearing the report as required by KRS 100.237, if the Board of Adjustments finds the facts alleged to be true and that the landowner has taken no steps to comply with all the conditions of the conditional use permit between the date of the report and the date of the hearing, the Board of Adjustments shall authorize the Administrative Official to revoke the conditional use permit and to take the necessary legal action to cause the termination of the activity.
(Ord. 2003-06, passed 3-3-03)
(A) The Board shall authorize upon appeal in specific cases such variance from only the terms of dimensions and setbacks as specified in this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter would result in undue hardship or practical difficulty.
(B) A variance from the terms of this chapter shall not be granted by the Board of Adjustments unless and until a written application for a variance is submitted, along with applicable fees, demonstrating all of the following to be true:
(1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zone;
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That the special conditions and circumstances do not result from the actions of the applicant taken after adoption of this chapter or previous applicable zoning codes; and
(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same zoning district and will not be detrimental to any neighboring premises.
(C) Notice of public hearing shall be given in accordance with the appropriate provision(s) above.
(D) The public hearing shall be held. Any party may appear in person or by an agent or attorney.
(E) The Board of Adjustments shall make findings that the requirements of KRS 100.243 have been met by the applicant for a variance.
(F) The Board of Adjustments shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
(G) The Board of Adjustments shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, as well as with the general purpose and intent of the Comprehensive Plan and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(H) In granting any variance, the Board of Adjustments may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under this chapter.
(I) No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(J) Under no circumstances shall the Board of Adjustments grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.
(K) A non-conforming use shall not be extended or enlarged in any way by a variance or any other action of the Board of Adjustments.
(Ord. 2003-06, passed 3-3-03)
Any person aggrieved by any decision of the Board of Adjustments may seek relief by a court of record of such decision in the manner provided by the laws of the Commonwealth of Kentucky and particularly by KRS 100.347. Appeal shall be filed within thirty (30) days after final action of the Board of Adjustments.
(Ord. 2003-06, passed 3-3-03)
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Administrative Official and that such questions shall be presented to the Board of Adjustments only on appeal from the decision of the Administrative Official and that recourse from the decisions of the Board of Adjustments shall be to the courts as provided by law and particularly KRS 100.347. Such appeal shall be filed within thirty (30) days after such action.
(Ord. 2003-06, passed 3-3-03)
The Board of Adjustments shall act only within the strict limits of its authority as defined in this chapter and KRS Chapter 100. The Board of Adjustments has no authority to vary the use regulations or other regulations not specifically delegated to it. The Board of Adjustments shall not hold hearings on applications or appeals seeking decisions that the Board of Adjustments is not authorized to make.
(Ord. 2003-06, passed 3-3-03)
NON-CONFORMING SITUATIONS
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