(A) Who may appeal. Any appeal to the Board of Zoning Adjustment may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board of bureau affected by any decision of the Chairperson of the Planning Commission or his or her designee based in whole or in part upon the provisions of this regulation.
(B) Time limitation. Such an appeal shall be made by filing with the Board of Zoning Adjustment, a notice of appeal, specifying the grounds thereof. Said notice of appeal shall be filed within 30 days from the date upon which the notice of refusal of building permit or certificate of occupancy is mailed by the Chairperson of the Planning Commission or his or her designee and failure to file notice of appeal within 30 days shall constitute a waiver of the right to appeal.
(C) Establishing meeting date. The Board of Adjustments shall set a date not more than 30 days after receiving the above records for hearing of the appeal.
(D) Notice.
(1) Public notice shall be given in accordance with KRS Ch. 424 and all interested parties shall be notified of the pending hearing. The appellant will be given written 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 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 Adjustments for a person appointed by the Board shall post the sign.
(E) Evidence of hardship.
(1) 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 variance will not conflict with the zoning regulations.
(2) The Board shall use this evidence, and any other evidence presented in accordance with KRS Ch. 100, in granting a variance in accordance with this subchapter.
(Ord. 20.920-1, passed 3- -2020)