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Newport Overview
Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION
CHAPTER 151: ELECTRICAL CODE
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: PLANNING
APPENDIX: ZONING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 18.1 MEETING OF BOARD; QUORUM; MINUTES; BYLAWS; FINANCES; SUBPOENA POWER; ADMINISTRATION OF OATHS:
   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.
SECTION 18.2 PROCEDURE FOR ALL APPEALS TO BOARD:
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)
SECTION 18.3 APPEALS FROM Planning and Zoning Commission OR BOARD OF ADJUSTMENT:
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.
SECTION 18.4 STAY OF PROCEEDINGS:
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.
SECTION 18.5 POWERS OF BOARD OF ADJUSTMENT:
Upon initial applications or appeals from decisions of the Code Enforcement Director, the Board of Adjustment shall have the following powers:
   A.   To hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusually shape of a site on the effective date of this Ordinance, or by reason of exceptional topographic conditions, or some other extra ordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of the zoning ordinance would deprive the applicant of reasonable capacity to make use of the land.
   B.   To hear and decide appeals where it is alleged, by the appellant, that there is an error in any order, requirement, decision, grant or refusal made by a Zoning Administrator in the enforcement of this Ordinance. Such appeal shall be taken within sixty (60) consecutive calendar days.
   C.   To hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the zone only if certain conditions are met as specified in SECTION 9.13 of this Ordinance.
   D.   To hear and decide, in accordance with the provisions of this Ordinance, requests for interpretation of the Official Zoning Map or for decisions upon other special questions upon which said Board is authorized to act upon.
   E.   To hear and decide, in accordance with the provisions of this Ordinance and the adopted Comprehensive plan for the City of Newport, requests for the change from one nonconforming use to another.
(Am. Ord. O-2019-006-A, passed 3-25-2019)
SECTION 18.6 DIMENSIONAL VARIANCES; CHANGE FROM ONE NONCONFORMING USE TO ANOTHER; CONDITIONS GOVERNING APPLICATIONS; PROCEDURES:
   A.   DIMENSIONAL VARIANCES: Before any dimensional variance is granted, the Board of Adjustment must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance. Such dimensional variance shall not be granted by the Board of Adjustment unless and until:
      1.   A written application for a dimensional variance (including the required fee as per SECTION 19.0 of this Ordinance) is submitted demonstrating:
         a.   That specific conditions and circumstances exist which are unique to the applicant's land and do not exist on other land in the same zone.
         b.   That the manner in which the strict application of the provisions of this Ordinance would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.
         c.   That the unique conditions and circumstances are not the result of actions of the applicant taken subsequently to the adoption of this Ordinance.
         d.   Reasons that the dimensional variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood.
         e.   That granting the dimensional variance requested will not confer on the applicant any special privilege that is not conferred by this Ordinance to other lands, structures, or buildings in the same zone. No nonconforming use of neighboring lands and structures in the same zone shall be considered grounds for the issuance of a dimensional variance.
      2.   Notice of public hearing shall be given at least fourteen (14) days in advance of the hearing by first class and certified mail to each owner of record of every parcel of property adjoining the property to which the dimensional variance is requested. It shall be the duty of the person or persons proposing the dimensional variance to furnish to the Zoning Administrator the names, property, and mailing addresses of the owners of all adjoining property. Where property adjoins a street or alley, property abutting the opposite side of such street or alley shall be considered adjoining property. Records maintained by the Property Valuation Administrator shall be relied upon to conclusively determine the identity, property, and mailing address of the owner. If the property is in condominium or cooperative forms of ownership, the person notified by mail shall be the president or chairman of the owner group, which administers property commonly, owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
      3.   The public hearing shall be held. Any person may appear in person, or by agent or by attorney.
      4.   Prior to granting a dimensional variance;
         a.   The Board of Adjustments shall further make the following findings when granting a dimensional variance:
            (1)   The granting of the variance will be in harmony with the general purpose and intent of this Ordinance as well as the adopted Comprehensive Plan for the City of Newport.
            (2)   It will not be injurious to the neighborhood, or otherwise, detrimental to the public welfare.
            (3)   It will not adversely effect the public health, safety, or welfare.
            (4)   It will not alter the essential character of the general vicinity.
            (5)   It will not cause a hazard or nuisance to the public.
            (6)   It will not allow an unreasonable circumvention of the requirements of the zoning regulations.
         b.   In granting any dimensional variance, the Board of Adjustment may prescribe appropriate conditions and safeguards, when made a part of the terms under which the dimensional variance is granted.
   B.   DIMENSIONAL VARIANCE CANNOT CONTRADICT ZONING REGULATION; The Board of Adjustment shall not possess the power to grant a dimensional variance to permit a use of any land, building, or structure which is not permitted by this Ordinance in the zone in question, or to alter density requirements in the zone in question.
   C.   DIMENSIONAL VARIANCE RUNS WITH LAND: A dimensional variance applies to the property for which it is granted and not to the individual who applied for it. A dimensional variance also runs with the land and is transferable to any future owner of land, but it cannot be transferred by the applicant to a different site.
   D.   CHANGE FROM ONE NONCONFORMING USE TO ANOTHER: No change from one nonconforming use to another will be granted by the Board of adjustment unless and until:
      1.   A written application for a change from one nonconforming use to another (including the required fee as per SECTION 19.0 of this Ordinance) is submitted to the Board demonstrating the following:
         a.   Reasons that the proposed change will preserve, not harm the public safety and welfare and will not injure the essential character of the neighborhood.
         b.   The proposed nonconforming use will be more in conformance with the Adopted Comprehensive plan for the City of Newport as it applies to the area in question, than the existing nonconforming use, and also more in conformance to the type of uses permitted in the zone in question, as per this Ordinance, than the present existing nonconforming use.
      2.   Notice of public hearing shall be given in accordance with SECTION 18.2 of this Ordinance.
      3.   The public hearing shall be held. Any person may appear in person, or by agent or by attorney.
      4.   Prior to granting a change from one nonconforming use to another, the Board of Adjustment shall make findings that the requirements of this and other applicable sections of this Ordinance have been met by the applicant.
(Am. Ord. O-2016-024, passed 12-12-16)
SECTION 18.7 DECISIONS OF THE BOARD OF ADJUSTMENT:
   A.   In exercising the aforementioned powers, the Board of Adjustments may, so long as such action is in conformity with the terms of this Ordinance, reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination as made by the Zoning Administrator, from whom the appeal is taken.
   B.   A simple majority of the total membership of the Board of adjustment as established by regulation or agreement, shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in the application of this Ordinance.
   C.   The details of the decision of the Board shall be forwarded to the Zoning Administrator.
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