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BOARD OF ZONING ADJUSTMENT
(A) A Board of Zoning Adjustment is hereby established in accordance with KRS 100.217. The Board of Zoning Adjustment shall consist of five (5) citizen members, not more than two (2) of whom may be members of the Planning Commission. The initial terms of the membership shall be as follows: one (1) member for a two (2) year term; two (2) members for a three (3) year term; and two (2) members for a four (4) year term. Subsequent appointments shall be for a term of four (4) years. They shall be appointed by the Mayor, with the approval of the Board of Commissioners. Vacancies on the Board of Zoning Adjustment shall be filled within sixty (60) days by the appropriate appointing authority. If the authority shall fail to act within that time, the Planning Commission shall fill that vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
(B) The Chairperson, or in his or her absence the acting chairperson, may administer oaths and the Board of Zoning Adjustment may compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public. The Board of Zoning Adjustment shall keep minutes of its proceedings.
(C) Three (3) members of the Board of Zoning Adjustment shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Official or any other duly authorized administrative officer, or to decide in favor of an applicant in any matter on which it is required to pass under this chapter, or to grant any variance from the requirements stipulated in this chapter. The grounds of every such determination shall be stated. A member of the Board shall not be qualified to vote if he or she has not attended the public hearing or if he or she has a direct interest in the issue appealed.
(Ord. passed 1-27-87; Am. Ord. 07-0-002, passed 2-26-07)
The Board of Zoning Adjustment shall have the following powers and duties:
(A) Administrative review. The Board of Zoning Adjustment shall hear and decide appeals where it is alleged by an applicant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Building Inspector or other administrative official in the carrying out or enforcement of any provision in this chapter and the interpretation of the zoning map. The concurring vote of three (3) members of the Board shall be necessary to reverse or modify any order or decision of the Administrative Official.
(B) Bylaws. The Board shall adopt bylaws for its own government subject to approval of the Board of Commissioners.
(C) Conditional uses. 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 which may be suitable only in specific locations in the zone, only if certain conditions are met.
(D) Variances. The Board shall have the power to hear and decide on applications for off-street parking and loading variances as provided in § 156.130(B)(1) and for dimensional variance where by reason of the exceptional narrowness, shallowness, or unusual shape of the site on the effective date of the zoning code 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 or width of buildings, size of yards, but not population densities) of the zoning regulations would deprive the applicant of the reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.
(1) Before any variance is granted, the Board of Zoning 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:
(a) The specific conditions in detail which are unique to the applicant’s land and do not exist on other land in the same zone;
(b) The manner in which the strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone;
(c) Reasons that the variance will preserve, not harm, the public safety and welfare, and will not alter the essential character of the neighborhood;
(d) Proof that the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning code.
(2) Limits of authority. 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 regulations in the zone in question or to alter density requirements in the zone in question. The Board of Zoning Adjustment does not possess the power to permit a use not authorized by this chapter.
(3) Application of variance. A dimensional variance applies to the property for which it is granted and not to the applicant. A variance also runs with the land, but it cannot be transferred by the applicant to a different site.
(4) Additional powers. In granting a variance, the Board of Zoning Adjustment may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable to the furtherance of the purpose of this chapter.
(5) Limitations. Before any variance is granted, the Board of Zoning Adjustment must find present conditions which must be sustained by evidence presented by the applicant that the property will not yield a reasonable return if used in compliance with this chapter; that the conditions causing the hardship are unique and are not shared by neighboring property in the same zone; that the granting of the variance will not be in conflict with the zoning code. These conditions must be alleged by the applicant and evidence must be produced by him or her to substantiate those allegations.
(6) Parking. Where there is no clear standard for off-street parking, the Board shall determine adequacy.
(Ord. passed 1-27-87; Am. Ord. 0-95-007, passed 10-25-95; Am. Ord. 07-0-002, passed 2-26-07)
(A) Applications. An application (including conditional use permit requests), in cases in which the Board of Zoning Adjustment has original jurisdiction under the provisions of this subchapter, may be taken by any property owner, including a tenant, or by a governmental officer, department, board, or bureau. All applications hereunder shall be accompanied by payment of the fee prescribed herein, except when the city is the applicant. Such application shall be filed with the Administrative Official who shall transmit same to the Board of Zoning Adjustment.
(B) Appeals. An appeal to the Board of Zoning Adjustment may be taken by any person aggrieved or affected by any decision of the Administrative Official. Such appeal shall be taken within thirty (30) days after the date of the decision and is taken by filing with the Administrative Official a notice of appeal specifying the grounds thereof together with the filing fee required by the Board. The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(C) Hearings. If any application or appeal is received at least five (5) working days before a regularly scheduled meeting of the Board of Zoning Adjustment, it shall act within forty-five (45) days after such meeting. Failure to act within such period shall be considered approval. Before making an decision on an application or appeal, the Board shall hold a public hearing at such times as shall be determined by the Board itself. Special hearings can be arranged at the call of the Chairperson. Notices of the time and place of hearings shall be mailed to applicants and be published for one (1) week prior thereto in a newspaper of general circulation in the city. Each application or appeal shall be accompanied by a check payable to the City Treasurer or a cash payment in the following amounts as specified in § 156.016. If additional costs are incurred, the applicant shall pay upon receipt of a statement from the appropriate city official.
(Ord. passed 1-27-87; Am. Ord. 07-0-002, passed 2-26-07)
Compensation shall be limited to expenses allowed by the Board of Zoning Adjustment for special assignments. The Board may establish a schedule of reasonable fees in all matters to come before it and may require the applicant to pay, directly, any necessary publication costs.
(Ord. passed 1-27-8; Am. Ord. 07-0-002, passed 2-26-077)
GENERAL DEVELOPMENT REGULATIONS
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