(A) Appointment and organization. A Board of Adjustment (hereinafter known as “the Board”) shall be appointed and organized in conformance with the KRS 100.217.
(B) Powers and duties. The Board shall have the following powers and duties:
(1) Bylaws. The Board shall adopt bylaws in compliance with KRS Chapter 100 for its own government.
(2) Administrative review. The Board shall hear and decide upon appeals from decisions of the Enforcement Officer. The Board shall decide on questions involving literal interpretations of this Zoning Code, shall interpret the exact location of district boundaries according to § 154.111, shall interpret the amount of off-street parking, loading and unloading space required according to §§ 154.075 and 154.077, and shall make only those other interpretations and decision specifically delegated to it by the provisions of this Zoning Code.
(3) Conditional uses. The Board shall have the authority to approve or disapprove applications for conditional uses in conformance with § 154.022 of this Zoning Code.
(4) Variances. The Board may vary the strict application of only the dimension and area regulations provided that unique conditions prevent strict conformance and would this deprive the owner of the reasonable use of his premises. The Board shall not grant a variance unless all of the following general conditions are met:
(a) Physical conditions are unique to the lot or structure in question and do not apply to neighboring lots or structures in the same district.
(b) Strict application of the dimension and area regulations would deprive the owner of the reasonable use of his lot or structure equivalent to the use of neighboring lots and structures in the same district.
(c) The unique conditions are not the result of actions taken after the adoption of this Zoning Code.
(d) The granting of the variance will be in harmony with the intent of this Zoning Code and will not be detrimental to any neighboring premises.
(5) Special Variances. The Board may grant a variance when the following special condition is present in lieu of the four general conditions listed above. If an undeveloped lot of record existing before October 1, 1968, is too small to allow conformance with the dimension and area regulations and if the owner has owned no adjoining land since October 1, 1968, the Board may grant a variance to allow the owner of the reasonably use of his premises. When adjoining undersized lots of record are under the same ownership, they shall not be used or sold separately except in conformance with the dimension and area regulations of this Zoning Code.
(C) Procedure. An application to the Board for an original interpretation or decision or an appeal from a decision of the Enforcement Officer shall be made in writing on forms prescribed by the Board. An appeal must be filed within 60 days after the Enforcement Officer has refused a zoning permit or certificate of occupancy, or the right to appeal shall be waived. The Enforcement Officer shall transmit to the Board the complete record of the decision appealed. The Board shall hold a public hearing at which all pertinent evidence concerning the interpretation, decisions or appeal shall be examined, and the Board shall make its decision within two weeks after the hearing. The following rules shall govern all decisions made by the Board:
(1) Limits of authority. The Board shall act only within the strict limits of its authority as defined in this Zoning Code. The Board has no authority to vary the use regulations or other regulations not specifically delegated to it. The Board shall not hold bearings on applications or appeals seeking decisions that the Board is not authorized to make.
(2) Special conditions. The Board may attach special conditions to any decision it is authorized to make to ensure that the intent of this Zoning Code will be carried out.
(3) Majority vote required. The concurring vote of a majority of the entire membership of the Board shall be necessary in making any decision.
(4) Additional powers. In exercising the above powers, the Board shall have all the powers of the Enforcement Officer in addition to its other peers and duties.
(Ord. 71-09, passed 9-7-71) Penalty, see § 154.999