Loading...
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)
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.
A. Upon petition by an applicant, the Zoning Administrator may waive or modify the standards governing the placement of certain appurtenant structures within a residential property.
B.
For the purposes of this section, appurtenant structures shall be limited to swimming pools, porches, decks, utility sheds (smaller than 100 square feet), and single story garages located in the rear yard.
C. Applicants shall request such consideration in writing, stating the nature of the request and reasons for the need for a modification or waiver.
D. All decisions of the Zoning Administrator shall be rendered, in writing, within ten (10) working days of receipt of a petition.
E. The Zoning Administrator, at his/her discretion, may refer a petition to the Board of Adjustments for action without recommendation.
F. The Zoning Administrator shall have discretion with regard to determination if an application to the Board of Adjustment for a dimensional variance qualifies as a small project. Small projects typically include circumstances where the Board of Adjustment application fee exceeds fifty percent (50%) of the total cost of the project.
(Am. Ord. O-2019-006-A, passed 3-25-2019)
ARTICLE XIX
SCHEDULE OF FEES
SCHEDULE OF FEES
ARTICLE XX
REASONABLE ACCOMMODATION IN LAND USE AND ZONING REGULATION
REASONABLE ACCOMMODATION IN LAND USE AND ZONING REGULATION
For the purposes of this Article, the following terms are defined as follows:
FAIR HOUSING LAWS. The Federal Fair Housing Amendments Act of 1988 (FHA) and the provisions of KRS 344.600 et seq., as may be amended from time to time (fair housing laws).
GROUP HOME. A residential facility for the care of seven (7) or less unrelated individuals living in a single housekeeping unit and recognized as handicapped individuals under the Fair Housing Act and American with Disabilities Act. A Sober Living Facility shall be considered as a Group Home for all purposes consistent herewith.
HANDICAPPED. Person with Disabilities: For the purpose herein, has the meaning set forth in the federal Fair Housing Act and the American with Disabilities Act and is an individual who has a physical or mental impairment that limits one or more of the major life activities of such individual, is regarding as having such impairment, or has a record of such impairment. While a person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602(h), a person who is currently engaged in illegal use of a controlled substance is not.
OPERATOR. An individual or business entity, whether for profit or non-profit, which provides residential services at a group home.
REASONABLE ACCOMMODATION. The act of making a dwelling unit or housing facility(ies) readily accessible to and usable by a person with disabilities, through the removal of constraints in the city’s land use, zoning, permit and processing procedures. All accommodations may not be reasonable, and the reasonableness of a request will be determined by the City.
SOBER LIVING FACILITY. A single family dwelling unit used by individuals recovering from a drug and/or alcohol addiction, considered as a handicapped individual under state or federal law. A sober living facility shall not provide on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional or other health care services; financial management services; legal services; vocational services; and other similar supportive services.
(Am. Ord. O-2017-003, passed 1-23-2017)
A. Fair housing laws impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford handicapped individuals an equal opportunity to housing in accordance therewith.
B. In furtherance of the purposes of the fair housing laws, this article is intended to: preserve the residential character of single family residential neighborhoods; ensure that group homes, including sober living facilities, are actually entitled to reasonable accommodation; limit the secondary impacts of group homes including sober living facilities by reducing noise and traffic; preserve safety and provide adequate on-street parking; provide an accommodation for handicapped individuals that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling in a residential neighborhood; and, to provide a living environment that will enhance the opportunity for the handicapped to be successful in their programs. Pursuant to fair housing laws, this article is also created to provide handicapped individuals reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with such recognized handicaps when the same may act as a barrier to fair housing opportunities.
C. There is hereby established a procedure for making requests for reasonable accommodation in land use and zoning regulations, policies, practices, and procedures to comply fully with the intent and purpose of fair housing laws. Unless a group home has been granted reasonable accommodation as provided in this Article, group homes shall comply with zoning regulations, policies, practices, and procedures applicable to the zone in which they are located.
(Am. Ord. O-2017-003, passed 1-23-2017)
Reasonable accommodation within the context of the land use and zoning regulations means providing individuals with recognized handicaps flexibility in the application of land use and zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
Loading...