The Board of Zoning Adjustment shall have the following powers and duties:
(A) Administrative review - appeals.
(1) Appeals to the Board of Zoning Adjustment may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of the Administrative Officer/Building Inspector. This appeal shall be taken within 30 days after the appellant or his agent receives notice of the action of the Administrative Officer/Building Inspector by filing with the Administrative Officer/Building Inspector and with the Board a notice of appeal specifying the grounds thereof, and giving notice of the appeal to any and all parties of record. The Administrative Officer/Building Inspector 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 the public hearing on the appeal held by the Board, any interested person may appear and enter his appearance, and all shall be given an opportunity to be heard.
(KRS 100.261)
(2) The Board of Zoning 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 Administrative Officer/Building Inspector at least one week prior to the hearing, and shall decide the same within 60 days. The affected party may appear at the hearing in person or by attorney.
(3) An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer/Building Inspector from whom the appeal is taken certifies to the Board of Zoning 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.
(4) In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record on application, or notice to the Administrative Officer/Building Inspector from whom the appeal is taken or due cause shown.
(B) Conditional use permits.
(1) The Board of Zoning Adjustment shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in this chapter which may be suitable only in specific locations in the zone and only if certain conditions are met.
(KRS 100.237)
(2) All districts. The following conditional uses only may be approved in all zoning districts:
(a) Non-local public utility and private transmission lines and pipes;
(b) Radio, television, and telephone transmission structures;
(c) Large utility structures and public service buildings;
(d) Government buildings and related uses;
(e) Churches and libraries.
(3) Specified districts. Other conditional uses may be approved only in those zoning districts where they are designated as conditional uses under the zoning district regulations.
(4) Procedure. An applicant shall submit an application for a conditional use permit to the Administrative Officer/Building Inspector, and the applicant shall follow all procedures set forth in this chapter and KRS 100.237. The Administrative Officer/Building Inspector shall refer the application to the Board of Zoning Adjustment. Payment of a fee shall be required of the applicant before the issuance of the conditional use permit. Other regulations for conditional use permits are as follows:
(a) The Board of Zoning Adjustment may attach necessary conditions such as time limitations, requirements that certain things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board's minutes and on the conditional use permit, along with reference to the specific section in the zoning regulation listing the conditional use under consideration. The Board of Zoning Adjustment shall have the power to revoke conditional use permits or variances for noncompliance with the conditions thereof. Furthermore, the Board of Zoning Adjustment shall have the right of action to compel offending structures or uses removed at the expense of the violator and may have judgment for the costs.
(KRS 100.237(1))
(b) 1. Granting of a conditional use permit does not exempt the applicant from complying with all other requirements of this chapter, as well as other codes and regulations.
2. If the applicant submits a modified plan to the relevant regulatory authorities in order to comply with all of the requirements of building, housing, and other regulations that expands the applicant's conditional use beyond the previously established geographic boundaries of the original conditional use permit, then the expanded conditional use shall be reviewed by the board. This review shall be limited to an examination solely of the expanded geographic boundaries of the modified plan. The board may deny the applicant's conditional use permit for the expanded geographic area.
3. The applicant shall have the duty of informing the board of modifications made in accordance with division (B)(4)(b)2. of this section, within 14 days of their submission. The applicant's failure to provide the Board with notification shall be grounds for the Board to revoke the conditional use permit, after a hearing before the Board. (KRS 100.237(2))
(KRS 100.237(2))
(c) A conditional use permit shall be exercised within one year from the date of issuance as required by KRS 100.237(3)).
(d) The Administrative Officer/Building Inspector 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 determine that the landowner is complying with all the conditions listed on the conditional use permit. If the landowner is not complying with all of the listed conditions, the Administrative Officer/Building Inspector shall report the fact in writing to the Chairperson of the Board of Zoning Adjustment. The report shall state specifically the manner in which the landowner is not complying with the condition 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 Chairperson of the Board. Upon hearing the report, as required by KRS 100.237(4), if the Board of Zoning Adjustment finds the facts alleged in the report to be true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Zoning Adjustment may authorize the Administrative Officer/Building Inspector to revoke the conditional use permit and to cause the termination of the activity on the land which the conditional use permit authorizes.
(KRS 100.237(4))
(e) Once the Board of Zoning Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the Administrative Officer/Building Inspector, upon the request of the applicant, may make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the County Clerk, as required in KRS 100.329. Thereafter, the use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.
(KRS 100.237(5))
(f) When an application is made for a conditional use permit for land located within or abutting any residential zoning district, written notice shall be given at least 14 days in advance of the public hearing on the application to the applicant, Enforcement Officer, an owner of every parcel of property adjoining the property to which the application applies and such other persons as this chapter or the Board of Zoning Adjustment bylaws shall direct. Written notice shall be by first class mail with certification by the Board's Secretary or other officer that the notice was mailed. It shall be the duty of the applicant to furnish to the Board the name and address of an owner of each parcel of property as described in this division. Records maintained by the Property Valuation Administrator may be relied upon to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners.
(KRS 100.237(6))
(g) As required by KRS 100.329, a copy of all conditional use permits must be filed with the County Court Clerk at the applicant's expense.
(C) Dimensional variance.
(1) The Board of Zoning Adjustment shall have the power to hear and decide on applications for dimensional variances where by reasons of exceptional narrowness, shallowness, or unusual shape of a site on the effective date of the zoning regulation or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height, width, and the like) of the zoning regulation would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board of Zoning Adjustment may impose any reasonable conditions or restrictions on any variance it may decide to grant.
(2) A variance from the terms of this chapter shall not be granted by the Board of Zoning Adjustment unless and until:
(a) A written application for a variance is submitted which demonstrates:
l. The specific conditions in detail which are unique to the applicant's land and do not exist on other land in the same zone.
2. The manner in which the strict application of the provisions of the regulation would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.
3. That the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning regulations.
4. Reasons that the variance will preserved, not harm the public safety and welfare, and will not alter the essential character of the area.
(b) Notice of public hearing shall be given as provided in KRS Chapter 424.
(c) A public hearing shall be held. Any party may appear in person or be represented by agent or attorney.
(d) The Board of Zoning Adjustment shall make findings that the requirements of division (a) have been met by the applicant. The Board of Zoning Adjustment shall further make a finding that the reasons set forth in the original application justify the granting of the variance, and that these findings shall be recorded along with any imposed conditions or resolutions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance.
(D) In exercising the above mentioned powers, the Board of Zoning Adjustment may, in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Administrative Officer/Building Inspector from whom the appeal is taken.
(E) Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines indicated on the zoning map, the Board of Zoning Adjustment, after notice to the owners of the property and after an appropriate public hearing, shall interpret the map in such a manner as to fully carry out the intent and purpose of this zoning code for the particular section or district in question.
(F) The Board of Zoning Adjustment may attach special conditions to any decision it is authorized to make to ensure that the full intent of the zoning code will be carried out.
(G) The Board of Zoning Adjustment shall act only within the strict limits of its authority as defined in the zoning code. The Board of Zoning Adjustment shall not possess the power to grant a variance to permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question.
(H) The Board of Zoning Adjustment shall not allow the enlargement, substitution, or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted. Nor shall the Board of Zoning Adjustment permit a change from one nonconforming use to another unless the new nonconforming use is in the same or a more restricted classification.
(Ord. 14-1986, passed 12-1-86)