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A. Creation and procedure.
1. A Joint Board of Adjustment having jurisdiction over the City of Paris, city of North Middletown and unincorporated area of Bourbon County, is hereby established to include the City of North Middletown, City of Paris, and unincorporated County, which shall consist of five (5) members two (2) appointed by the Mayor of the City of Paris and approved by the Paris City Commission, one (1) appointed by the Mayor of the City of North Middletown and approved by the North Middletown City Commission, and two (2) appointed by the Bourbon County Judge-Executive and approved by the Fiscal Court. All members shall be citizen members appointed by the legislative body, each for a period of four (4) years, and members of the Board may be removed from office by the legislative body for cause upon written charges and after public hearing. Vacancies shall be filled by the legislative body for the unexpired term of the member affected. To be eligible for appointment to the Board, a citizen must be (1) age twenty-five (25) or older; (2) a high school graduate or equivalent; (3) a City of Paris property owner; (4) registered voter and (5) a current resident of the City of Paris for one (1) year or more. The term of office of the initial members shall be staggered as provided for in the Interlocal Agreement and in KRS 100.217(4).
2. Meeting of Board; quorum; minutes; bylaws.
(a) The Board shall conduct meetings at the call of the chairperson, 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 as established by regulation or agreement shall constitute a quorum. Any member of the Board 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 or herself from voting on the question.
(c) The Board may adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings, determinations, the number of votes for and against each question, and if any member is absent or abstains from voting indicating the fact. All of the aforementioned minutes and records shall, immediately after adoption, be filed in the Bourbon County Joint Planning Office. A transcript of the minutes of the Board shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.
3. Appeals to the Board.
(a) Procedure for all appeals to Board. Appeals to the Board 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 any zoning enforcement officer. Such appeal shall be taken in accordance with the procedures and time limitations set forth in KRS 100.261, as amended.
(b) Public notice of appeal hearing. The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Ch. 424, as well as written notice to the appellant and the administrative official, at least one (1) week prior to the hearing, and shall decide it within sixty (60) days. The affected party may appear at the hearing in person or by attorney.
(c) Stay of proceeding. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him or her, that the reason of facts stated in the certificate, a stay would, in his or her opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record of application, and no notice to the administrative official from whom the appeal is taken and on due cause shown.
B. Powers and duties of the Board.
(1) Conditional use permits.
(a) The Board shall have the power to hear and decide applications for conditional use permits in accordance with KRS 100.237, as amended. The Board 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 the zoning regulations as permissible only in specific locations in the district or only if certain conditions are met.
(b) Notice of the hearing shall be posted conspicuously on the property which is considered for the conditional use permit. Signage shall be posted for fourteen (14) consecutive days immediately prior to the hearing. Posting shall be as follows: The sign shall state "conditional use permit" and the proposed use in letters three (3) inches in height. The time, place, and date of hearing shall be in letters at least one (1) inch in height. The sign shall be constructed of durable material and shall state the telephone number of the Bourbon County Joint Planning Office. It shall be the responsibility of the applicant to post the sign, provided by the Planning Office conspicuously on the property. The administrator shall verify to the Board at the hearing that placement occurred. The Planning Office shall provide the required signage for use by the property owner. Signage shall be returned no later than five (5) days after the public hearing.
(2) Dimensional variance.
(a) The Board shall have the power to hear and decide applications for variances.
(b) Notice of the hearing shall be given at least seven (7) days in advance of the hearing by first class mail, with certification by the Board administrator that the notice was mailed to an owner of every parcel of property adjoining the property and the proposed variance request.
(c) Notice of the hearing shall be posted conspicuously on the property which is considered for the dimensional variance. Signage shall be posted for seven (7) consecutive days immediately prior to the hearing. Posting shall be as follows: The sign shall state "Variance Request" in letters three (3) inches in height. The time, place, and date of hearing shall be in letters at least one (1) inch in height. The sign shall be constructed of durable material and shall state the telephone number of the Bourbon County Joint Planning Office. It shall be the responsibility of the applicant to post the sign, provided by the Planning Office conspicuously on the property. The administrator shall verify to the Board at the hearing that placement occurred. The Planning Office shall provide the required signage for use by the property owner. Signage shall be returned no later than five (5) days after the public hearing.
(d) When a proposed development requires one (1) or more variances, the Planning Commission may hear and finally decide applications for variances at the same hearing. The applicant for a development, at the time of the filing of the application for the development, may elect in writing to the administrative official to have any variances for the same development to be heard and finally decided by the Planning Commission at the same public hearing set for the development.
(3) Administrative review. The Board shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulations, under the procedure set out in Section 80.301.A(3).
(4) Lot of record. On application for a lot of record, the Board shall grant only such variances as close as possible to the requirements of the district to not deprive the owner of the reasonable use of the property.
C. Compensation. The members of the Board of Adjustment shall be paid a salary of seventy-five ($75.00) dollars per meeting that is attended.
(Am. Ord. 14-84, Section I, passed 5-29-84; Am. Ord. 18-87, passed 6-23-87; Am. Ord. 36-88, passed 8-9-88; Am. Ord. 2014-12, passed 7-15-14; Am. Ord. 2019-7, passed 8-13-2019)
Any person or entity who violates any of the provisions of KRS 100.201 to 100.347 or any of these regulations for which no other penalty is provided, shall, upon conviction, be fined not less than ten dollars ($10) but no more than five hundred ($500) dollars for each conviction. Each day of violation shall constitute a separate offense.
(Am. Ord. 2014-12, passed 7-15-14)
ARTICLE V. AMENDMENTS
A. Whenever the public necessity, convenience, general welfare, or good zoning practices require, the City Commission may, by ordinance, after receiving a recommendation thereon from the Planning Commission, and subject to procedures by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classifications of property.
B. The zoning regulations or map shall not be amended, changed, or modified in such manner as to create a free standing district of less than five (5) acres, except for B-2 General Commercial or B-3 Neighborhood Commercial, which may be as small as three (3) acres, except by vote of two-thirds of the members present and voting.
(Ord. 2014-12, passed 7-15-14)
A. A proposal for amendment to the Official Zoning Map may originate with the Planning Commission, the City Commission, the owner of the subject property, or by a person having written authorization from the owner of the subject property. A proposal for amendment to the text of this ordinance may originate with any person or governmental body. Regardless of the origin of the proposed amendment, an application must be filed with the Planning Commission requesting the proposed amendment in such form, and accompanied by such information, as required by this ordinance and the Planning Commission.
(Ord. 2014-12, passed 7-15-14)
A. Application.
1. At the time of filing an application, a non-returnable filing fee shall be paid according to the schedule of fees; however, there shall be no filing fee for an amendment requested by the City Commission or the Planning Commission. Upon the filing of an application for a zoning map amendment by the City Commission or Planning Commission, the Planning Commission shall notify the owner of the subject property (properties) by registered mail, or certified mail, at least thirty (30) days in advance of the public hearing.
2. Upon the filing of an application for an amendment to the Official Zoning Map or the text of this ordinance, the Planning Commission shall study and review the application as provided in this ordinance. If the request for a Zoning Map Amendment originates with the owner, a development plan or site plan shall be required as part of the application, and shall be in accordance with Article VII, Development Plans. Once approved by the Planning Commission, the development plan, or site plan, shall be followed.
B. Notice of public hearing.
1. The Planning Commission shall then hold at least one (1) public hearing, after notice, as required by KRS Chapter 424 and KRS Chapter 100. Notice of the time, place and reason for the required public hearing shall be given by one publication in the newspaper of general circulation in the County, not earlier than twenty-one (21) days or later than seven (7) days before the public hearing in accordance with KRS 100.211.
2. Any published notice shall include the street address of the property in question, or if one is not available or practicable due to the number of addresses involved, a geographic description sufficient to locate and identify the property, and the names of two (2) streets on either side of the property which intersect the street on which the property is located; and when the property in question is located at the intersection of two (2) streets, the notice shall designate the intersection by name of both streets rather than name two (2) streets on either side of the property.
3. When a hearing is scheduled on a proposal by a property owner to amend any zoning map, the following notices shall be given in addition to any other notices required by statute, local regulation or ordinance:
(a) A sign stating notice of the hearing shall be posted conspicuously on the property the classification of which is proposed to be changed for fourteen (14) consecutive days immediately prior to the hearing. Posting shall be as follows:
(1) The sign shall state "zoning change" and the proposed classification change in letters three (3) inches in height. The time, place and date of hearing shall be in letters at least one (1) inch in height;
(2) The sign shall be constructed of durable material and shall state the telephone number of the Planning Commission Office; and
(3) It shall be the responsibility of the applicant to post the sign conspicuously on the property. The Administrative/Enforcement Officer shall verify to the Planning Commission at the hearing that placement occurred pursuant to the provisions of this ordinance.
(4) The Planning Commission provides the required signage for use by the property owner requesting the zone change with a refundable deposit.
(b) Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing by first class mail, with certification by the commission secretary, or other officer, of the Planning Commission that the notice was mailed to an owner of every parcel of property adjoining the property, the classification of which is proposed to be changed. It shall be the duty of the person or persons proposing the map amendment to furnish to the Planning Commission the names and addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owners. In the event such property is in condominium or cooperative forms of ownership, then 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.
(c) In addition to the public notice requirements of this section, when the Planning Commission, or City Commission, of any planning unit originates a proposal to amend the zoning map of that unit, notice of the public hearing shall be given at least thirty (30) days in advance of the hearing by first class mail to an owner of every parcel of property the classification of which is proposed to be changed. Records by the Property Valuation Administrator may be relied upon to determine the identity and address of said owners.
C. Public hearing.
1. After notice of the public hearing as provided for above, the Planning Commission shall hold a public hearing on the proposed amendment.
(Ord. 2014-12, passed 7-15-14)
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