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A. Board Of Adjustment is hereby established for the City of Newport.
B. The Board of Adjustment shall consist of five (5) members, all of whom must be citizen members and not more than two (2) of whom may be citizen members of the Planning and Zoning Commission.
C. The mayor shall be the appointing authority of the Board of Adjustment subject to the approval of the Board of City Commissioners.
D. The term of office for the Board of Adjustment shall be four (4) years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one (1), two (2), three (3) and four (4) years respectively.
E. Vacancies on the Board of Adjustment shall be filled within sixty (60) calendar days by the mayor. If the mayor fails to act within that time, the Planning and Zoning 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.
F. All members of the Board of adjustment shall, before entering upon their duties, qualify by taking the oath of office prescribed by SECTION 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of a court, or justice of the peace within the district or county in which he resides.
G. Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.
H. Any member of the Board of Adjustment may be removed by the mayor, subject to the approval by the Board of City Commissioners, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The mayor, exercising the power to remove a member from the Board of Adjustment, shall submit a written statement to the Planning and Zoning Commission setting forth the reasons and the statement shall be read at the next meeting of the Board of Adjustment which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the circuit court of the county in which he resides.
I. The Board of Adjustment shall elect annually a chairman, vice chairman, and secretary and any other officers it deems necessary, and any officer shall be eligible for re election at the expiration of this term.
A. The Board of Adjustment shall conduct meetings at the call of the chairman who shall give written or oral notice to all members of the Board at least seven (7) 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 of the Board of Adjustment as established by regulation or agreement shall constitute a quorum. Any member of the Board of Adjustment 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 from voting on the question.
C. The Board of Adjustment 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 of Adjustment. A transcript of the minutes of the Board of Adjustment shall be provided if requested by party, at the expense of the requesting party, and the transcript shall constitute the record.
D. The Board of Adjustment shall have the right to receive, hold, and spend funds, which it may legally receive from any and every source in and out of the Commonwealth of Kentucky, including the United States Government.
E. The Board of Adjustment shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.
F. The chairman of the Board of Adjustment shall have the power to administer an oath to witnesses prior to their testifying before the board on any issue.
Appeals to the Board of Adjustment may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Administrator, however, appeals for violation of the Official Zoning Code for which a citation has been issued and a civil penalty assessed pursuant to the Appendix A Fine Schedule shall be had with the Code Enforcement Board. Such appeal shall be taken within thirty (30) calendar days after the appellant or his agent receives notice of the action to be appealed from, by filing with said Zoning Administrator and with the Board, a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. Said Zoning Administrator 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 an interested person may appear and enter his appearance, and all shall be given an opportunity to be heard. The Board of Adjustment 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 Zoning Administrator at least one (1) calendar week prior to the hearing, and shall decide on the appeal within sixty (60) consecutive calendar days. The affected party may appear at the hearing in person or by attorney.
(Am. Ord. O-2016-024, passed 12-12-16; Am. Ord. O-2019-006-A, passed 3-25-2019)
Any appeal from Planning and Zoning Commission or Board of Adjustment action may be taken in the following manner:
A. Any person or entity claiming to be injured or aggrieved by any final action of the Planning and Zoning Commission or Board of Adjustment may appeal from the action to the circuit court of the county in which the land lies. Such appeal shall be taken within thirty (30) consecutive calendar days after the final action of the Planning and Zoning Commission or Board of Adjustment. Final action shall not include the Planning and Zoning Commission's recommendations made to other governmental bodies.
B. All appeals shall be taken in the appropriate circuit court within thirty (30) consecutive calendar days after the action or decision of the Planning and Zoning Commission or Board of Adjustment and all decisions, which have not been appealed within thirty (30) consecutive calendar 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 and Zoning Commission in all cases, and shall cause it to be delivered for service as in any other law action.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken, certifies to the Board of Adjustment, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a court of record on application, or on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.
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