Ashland City Zoning Code
BOARD OF
ZONING ADJUSTMENT
§ 157.240 ESTABLISHMENT.
The Board of Zoning Adjustment as constituted at the time of the adoption of this chapter shall continue in office with all powers granted herein. Future appointments shall be made as specified by the KRS Chapter 100.
(Prior Code, § 157.225) (Ord. 101-1986, passed 10-7-1986)
§ 157.241 POWERS, DUTIES AND RULES.
(A) Generally. The Board of Zoning Adjustment (hereafter referred to as the “Board”) shall have all of the powers and duties provided by Kentucky Revised Statutes and no others, except as specifically set forth in this or any other ordinance of the city. The Board may establish rules of procedures, consistent with law, which may be necessary or convenient for carrying out its functions.
(B) Proceedings.
(1) The Board shall conduct regular monthly meetings. Special meetings may be called as necessary. Procedures for regular and special meetings shall be consistent with state and local law.
(2) A simple majority of the total authorized membership of the Board 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 Board shall disqualify himself or herself from deliberation and voting on the question.
(3) The Board shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings and determinations, and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall be filed in records of the Board maintained by the Zoning Administrator and shall be available to the general public.
(Prior Code, § 157.226) (Ord. 101-1986, passed 10-7-1986)
§ 157.242 LIABILITY OF MEMBERS.
Members of the Board acting within the powers granted by this chapter and KRS Chapter 100 are relieved from personal liability arising from the legal performance of their duties. Suits brought against members of the Board in their capacity as Board members shall be defended by a legal representative furnished by the city until the final determination of the proceedings.
(Prior Code, § 157.227) (Ord. 101-1986, passed 10-7-1986)
§ 157.243 APPEALS.
(A) Appeals shall be to the Board and may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the appellant or his or her agent receives notice of the action appealed from, by filing with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. The Zoning Administrator 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 any hearing by the Board any interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard.
(B) The Board shall fix a reasonable time for hearing the appeal and give public notice in accordance with state and local law, as well as written notice to the appellant and the administrative official at least one week prior to the hearing, and shall decide it within 60 days after the hearing. The affected party may appear at the hearing in person or by attorney.
(Prior Code, § 157.228) (Ord. 101-1986, passed 10-7-1986)
§ 157.244 ADMINISTRATIVE REVIEW.
The Board of Adjustment 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 this chapter. Such appeal shall be taken within 60 days of such order, requirement, decision, grant, or refusal.
(Prior Code, § 157.229) (Ord. 101-1986, passed 10-7-1986)
§ 157.245 CONDITIONAL USE PERMITS.
The Board shall hear and decide only such conditional use permit applications as specifically authorized by this chapter; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this chapter; or to deny conditional uses when they fail to comply with the provisions and requirements of this chapter.
(Prior Code, § 157.230)
§ 157.246 VARIANCES.
The Board shall have the power to hear and decide applications for dimensional variances where, by reason of the exceptional narrowness, shallowness or unusual shape of a site on the effective date of the zoning regulations 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 building or size of yards, but not population density) 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 may impose any reasonable conditions or restrictions on any variance it decides to grant.
(A) A variance from the terms of this chapter shall not be granted by the Board unless and until a public hearing is held. Each application for a variance shall be upon forms provided by the Zoning Administrator.
(B) Upon receipt of the application, the Zoning Administrator shall prepare a notice of public hearing to be posted on the property for which the variance is sought, duly advertised in a local newspaper, and mailed to all property owners within 200 feet of the applicant’s property.
(C) The Board of Zoning Adjustment shall find each and all of the following before a variance is granted.
(1) There are specific conditions which are unique to the applicant’s land and do not exist on other land in the same zoning district.
(2) Strict application of the provisions of this chapter would deprive the applicant of reasonable use of the land in the manner equivalent to the uses permitted other landowners in the same zoning district.
(3) The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter.
(4) The variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood.
(D) In granting any variances, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. The Board shall have power to revoke variances for noncompliance with the conditions thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator.
(E) When granted, a variance shall allow the least possible change in this chapter requirements.
(F) The Board of Zoning Adjustment shall not grant any variance for any use expressly or by implication prohibited by the terms of this chapter. A change in the use requirements is a rezoning or text amendment, and those legislative matter. Likewise, no nonconforming use of neighboring lands, structures or buildings, and no permitted or conforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(Prior Code, § 157.231) (Ord. 101-1986, passed 10-7-1986)
§ 157.247 NONCONFORMITY PERMITS.
§ 157.248 APPEALS FROM THE BOARD OF ZONING ADJUSTMENT.
Any person or entity claiming to be injured or aggrieved by any final action of the Board may appeal from the action to the circuit court. Such appeal shall be taken within 30 days after the final action of the Board.
(Prior Code, § 157.233) (Ord. 101-1986, passed 10-7-1986)
§ 157.249 RECORDING OF CONDITIONAL USE PERMITS, VARIANCES.
All conditional use permits and variances approved by the Board of Zoning Adjustment shall be recorded in the office of the Boyd County Clerk at the expense of the applicant, as required by the Kentucky Revised Statutes. Temporary conditional use permits, as allowed under § 157.183, are exempt from this provision.
(Prior Code, § 157.234) (Ord. 101-1986, passed 10-7-1986)