Each City and the County shall designate a Zoning Administrator to administer the zoning regulations. The Boone County Planning Commission may recommend a candidate for this position. The Administrator may be provided with the assistance of other such persons as each City, the County, or Planning Commission may direct, such as a Zoning Enforcement Officer(s) or Zoning Inspector(s).

Duties of Zoning Administrator

1. 1.
   For the purpose of these regulations, the Zoning Administrator shall have the following duties:

   1. a.
      Upon finding that any of the provisions of these regulations are being violated, he/she shall notify, in writing, the person responsible for such violation(s), ordering the action(s) necessary to correct such violation.
   2. b.
      Order discontinuance of illegal uses of land, buildings, or structures.
   3. c.
      Order removal of illegal buildings or structures or illegal additions or structural alterations.
   4. d.
      Order discontinuance of any illegal work being done.
   5. e.
      Determine the classification of a use of land, buildings or structures as a permitted, accessory, or conditional use in a specific zoning district, as well as determine the applicability and substance of development performance standards, based on interpretation of the stated and implied requirements of these regulations. This includes the determination of classification of new uses or uses not specifically identified in these regulations.
   6. f.
      Take any other action authorized by these regulations to ensure compliance with or to prevent violation(s) of these regulations. This may include the issuance of and action on zoning and certificate of occupancy permits and such similar administrative duties as are permissible under provisions of Kentucky Revised Statutes (KRS), Section 100.271.
   7. g.
      The Zoning Administrator may delegate any portion or portions of his/her duties to a Zoning Enforcement Officer. The Zoning Enforcement Officer shall carry out duties assigned by the Zoning Administrator. Such duties may include, but are not limited to: site inspections regarding complaints of violations of these regulations; site inspections of developments for compliance with plans approved under these regulations; issuance of "Notice of Violations" citations; and review of development plans for compliance with the rules, regulations and standards of these regulations.

General

1. 1.
   The Zoning Enforcement Officer shall coordinate all activities with the Zoning Administrator.

For the purpose of these regulations, the Boone County Planning Commission shall have the following duties:

1. 1.
   Initiate proposed amendments to these regulations and make recommendations to the appropriate legislative body or Fiscal Court as specified in ARTICLE 3.
2. 2.
   Review and approve or deny development applications required by these regulations.
3. 3.
   Administer the Boone County Subdivision Regulations as they apply to these regulations.
4. 4.
   Establish a schedule of fees, charges and expense as specified in SECTION 409.
5. 5.
   Delegate any tasks as specified in these regulations relative to its administration.
6. 6.
   Perform any task and follow any procedure, including those pertaining to committees of the Planning Commission, that is specified in or provided for through the Commission's adopted by-laws.
7. 7.
   Perform any task or function that is authorized by Kentucky Revised Statute (KRS) Chapter 100.

Establishment of Board of Adjustment

1. 1.
   A board of adjustment is hereby established for each legislative body.
2. 2.
   The board of adjustment shall consist of either three (3), five (5), or seven (7) members, all of whom shall be citizen members and not more than two (2) of whom may be citizen members of the planning commission.

Meetings of the Board of Adjustment

1. 1.
   The board of adjustment shall conduct meetings at the call of the chairman/chairwoman.
2. 2.
   A simple majority of the total membership of the board of adjustment, as established by regulation or agreement, shall constitute a quorum. Any member of the board of adjustment 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 themselves from voting on the question.
3. 3.
   The board of adjustment shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the question before it.
4. 4.
   The chairman/chairwoman of the board of adjustment shall have the power to administer an oath to witnesses prior to their testifying before the board on any issue.

Duties of the Board of Adjustment

1. 1.
   For the purposes of these regulations, the Board of Adjustment shall have the following duties:

   1. a.
      To hear and decide on applications where it is alleged by an applicant that there is an error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the zoning regulations.
   2. b.
      To hear and decide on applications for variances.
   3. c.
      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 if specific locations in the district and only if certain conditions are met.
   4. d.
      To grant changes in nonconforming uses as specified in these regulations.

Duties of Zoning Administrator, Board of Adjustment, Legislative Authority, and Courts on Matters of Appeal

1. 1.
   It is the intent of these regulations that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment shall be to the appropriate court of jurisdiction as provided by law. It is further the intent of these regulations that the duties for the legislative bodies in connection with these regulations shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and these regulations. Under these regulations, the legislative bodies shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of these regulations as provided by law.
2. 2.
   Appeals shall conform to the procedures and requirements of these regulations and KRS 100.257-100.263. As specified in these regulations, the Board of Adjustment has appellate jurisdiction relative to appeals.
3. 3.
   Appeals to the Board of 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 any zoning enforcement officer. Such appeal shall be taken within thirty (30) days after the appellant or their agent receives notice of the action of the official by filing with said officer and with the Board of Adjustment, a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. Said officer shall forthwith transmit to the Board of Adjustment all the 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 their appearance, and shall be given an opportunity to be heard.
4. 4.
   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with the Administrator, that by reason of facts stated in the application, a stay would, in the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted upon application to the proper court of record, on notice to the Zoning Administrator from whom the appeal is taken.

Variances shall conform to the procedures and requirements of these regulations and KRS 100.241-100.247. As specified in SECTION 203 of these regulations, the Board of Adjustment has appellate jurisdiction relative to appeals and variances.

The Board of Adjustment shall have the power to hear and decide on applications for variances. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant. 

A variance shall not be considered by the Board of Adjustment unless and until a written and signed application for a Variance is submitted to the Zoning Administrator and the Board of Adjustment, along with any additional information the Board may find appropriate.

Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether:

The Board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

The Board 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 district in question, or to alter the density requirements in the district in question.

A variance applies to the property for which it is granted, and not to the individual who applied for it. A variance runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

Conditional uses shall conform to the procedures and requirements of these regulations and the requirements of KRS 100.237.

A conditional use permit shall not be considered by the Board of Adjustment unless and until a written and signed application for a Conditional Use Permit is submitted to the Zoning Administrator and the Board of Adjustment, along with any additional information the Board may find appropriate.

The board may approve, modify, or deny any application for a conditional use permit. If it approves such permit it may attach necessary conditions such as time limitations, requirements that one (1) or more 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 a reference to the specific section in the zoning regulation listing the conditional use under consideration. The board shall have the power to revoke conditional use permits, or variances for noncompliance with the conditions thereof. Furthermore, the board shall have the right of action to compel offending structures or uses removed at the cost of the violator and may have judgement in persona for such costs.

Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.

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.

The applicant shall have the duty of informing the board of modifications made in accordance with Section 205.E, within fourteen (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.

In any case where a conditional use permit has not been exercised within the time limit set by the board, or within one (1) year if no specific time limit has been set, such conditional use permit shall not revert to its original designation unless there has been a public hearing. "Exercised," as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement have been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment under contract, in development, are completed. When construction is not part of the use, "exercised" shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

In addition to any specific requirements for conditionally permitted uses deemed appropriate by the Board of Adjustment, the Board shall review the particular facts and circumstances of each proposed use and determine that the use is in fact a conditional use as established under the provisions of these regulations. The Board may consider whether such use at the proposed location:

The Board shall also consider the criteria for conditional uses as set forth in each zoning district.

Intent

1. 1.
   Within the districts established by these regulations or amendments to districts that may later be adopted, lots, uses of land, and structures, which were lawful before these regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of these regulations or further amendments may exist. It is the intent of these regulations to permit these nonconforming lots, uses and structures to continue until they are no longer nonconforming. It is further the intent of these regulations that a nonconforming use or structure shall not be enlarged or extended beyond the scope and area of its operation at the time it became a legal nonconforming use, nor shall other uses or structures which are prohibited elsewhere in the same district be permitted on lots of nonconforming uses or structures.
2. 2.
   Uses of structures not legally established before these regulations were passed or amended shall not be given the statutes of legally pre-existing, nonconforming uses or structures, and may be subject to penalties for violation under SECTION 404 through SECTION 406 of these regulations.

Single Nonconforming Lots of Record and Subdivisions, and Nonconforming Setbacks

1. 1.
   If any lot of record does not meet the minimum square footage requirements that are generally applicable in the district wherein said lot is located, and that lot existed at the effective date of adoption or amendment of these regulations, the owner may develop that lot in conformance with the dimensional (square footage) regulations, including front yard setback requirements, previously in effect. The lot must be developed in conformance with all other requirements of these regulations. Variances of any requirements other than the square footage of a lot or lot size shall be obtained only through action of the Board of Adjustment as provided in SECTION 204. Subdivisions which had been granted preliminary plat approval prior to the adoption of these regulations may be developed in conformance with dimensional regulations under which preliminary plat approval was given.
2. 2.
   In such instances where the front yard setback requirements for a pre-existing development differ from the current regulations, and an extension or enlargement of a previously developed street or subdivision is approved, the front yard setback requirement shall be adjusted at a rate of at least five (5) feet for each consecutive lot until the new minimum required setback is obtained, although all other requirements of these regulations must be met. When an addition is proposed for a pre-existing structure that does not meet the current setback requirement, the addition may be located along the nonconforming building line established by the existing structure, but may not encroach into such nonconforming setback unless a variance is granted by the Board of Adjustment.

Nonconforming Uses of Land

1. 1.
   The lawful use of a building or premises, existing at the time of the adoption of any zoning regulations affecting it, may be continued, although such use does not conform to the provisions of such regulations, except as otherwise provided herein.
2. 2.
   The board of adjustment shall not allow the enlargement 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 permit a change from one (1) nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification, provided, however, the board of adjustment may grant approval, effective to maintain nonconforming use status, for enlargements or extensions, made or to be made, of the facilities of a nonconforming use, where the use consists of the presenting of a major public attraction or attractions, such as a sports event or events, which has been presented at the same site over such period of years and has such attributes and public acceptance as to have attained international prestige and to have achieved the status of a public tradition, contributing substantially to the economy of the community and state, of which prestige and status the site is an essential element, and where the enlargement or extension was or is designed to maintain the prestige and status by meeting the increasing demands of participants and patrons.
3. 3.
   Any use which has existed illegally and does not conform to the provisions of the zoning regulations, and has been in continuous existence for a period of ten (10) years, and which has not been the subject of any adverse order or other adverse action by the administrative official during said period, shall be deemed a nonconforming use. Thereafter, such use shall be governed by the provisions of subsection (C.2) of this section.
4. 4.
   The provisions of subsection (C.3) of this section, and notwithstanding subsection (C.4) of this section, shall only apply to those uses within the City of Florence that existed prior to January 1, 2015.
5. 5.
   The provisions of subsection (C.3) of this section shall not apply to counties containing a city of the first class, a consolidated local government, an urban-county government, or a city with a population equal to or greater than 20,000 based upon the most recent federal decennial census.

To avoid undue hardship, nothing in these regulations shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of these regulations and upon which actual building construction has been carried on diligently; provided, however, such construction is not found to have been or be a purposely planned evasion of the intent of these regulations. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently, but subject to the same clarifications of planned intent above. Neither shall these regulations be deemed to require a revision in the preliminary plats of subdivisions which had been approved prior to the adoption of these regulations provided that schedules for submission of improvement plans and final plats are met.

Any pre-existing use which is permitted as a conditional use in a district under the terms of these regulations shall not be deemed a nonconforming use in such a district, but shall without further action be considered a conforming use. However, a Conditional Use Permit must be granted by the Board of Adjustment before such use can be expanded in size or scope.

When an application is made to the Board of Adjustment, written notice shall be given at least fourteen (14) days in advance of the public hearing on the application to the applicant, an owner of every parcel of property adjoining the property to which the application applies, and such other persons as these regulations or board of adjustment bylaws shall direct. Written notice shall be by certified 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 article. Records maintained by the property valuation administrator may be relied upon conclusively 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. 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.

When any property within the required notification area for a public hearing upon an application is located within an adjoining city, county, or planning unit, notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by certified mail to certain public officials, as follows:

1. 1.
   If the adjoining property is part of a planning unit, notice shall be given to that unit's planning commission; or
2. 2.
   If the adjoining property is not part of a planning unit, notice shall be given to the Mayor of the city in which the property is located or, if the property is in an unincorporated area, notice shall be given to the Judge/Executive of the county in which the property is located.

Notice of the hearing shall be posted conspicuously on the property which is the subject of the hearing for fourteen (14) consecutive days immediately prior to the hearing.

Notice of the hearing shall be published in a newspaper of general circulation at least seven (7) days, but not more than twenty-one (21) days immediately prior to the hearing.

Land use restrictions adopted or imposed by the planning commission, board of adjustments, legislative body or fiscal court upon property within Boone County shall be filed in the form of a Certificate of Land Use Restriction with the County Clerk's office as described in KRS 100.3681 through 100.3684.

In accordance with KRS 100.208, any legislative unit in Boone County may provide, by ordinance for:

1. 1.
   The voluntary transfer of the development rights (TDR) permitted on one (1) parcel of land to another parcel of land;
2. 2.
   Restricting or prohibiting further development of the parcel from which development rights are transferred; and
3. 3.
   Increasing the density or intensity of development of the parcel to which such rights are transferred.

When a city which has adopted zoning or other land use regulations pursuant to KRS 100 and proposes to annex new territory, it may amend its comprehensive plan and official zoning map to incorporate and establish zoning or other land use regulations. If the city elects to follow this procedure, the planning commission shall hold a public hearing, after the adoption of the ordinance stating the city's intention to annex and prior to final action upon the ordinance or annexation, for the purpose of adopting the comprehensive plan amendment and making its recommendations as to the zoning or other land use regulations which will be effective for the property upon its annexation. Notice setting forth the time, date, location, and purpose of the public hearing shall be published as required by KRS Chapter 424 and shall be given to the owners of all properties within the area proposed for annexation and to adjoining property owners in accordance with KRS 100.212(2). The city legislative body shall take final action upon the planning commission's recommendation prior to adoption of the ordinance of annexation and shall include in the ordinance of annexation a map showing the zoning or other land use regulations which will be effective for the annexed property. If the city elects not to follow the procedure provided for in this section prior to the adoption of the ordinance of annexation, the newly annexed territory shall remain subject to the same land use restrictions, if any, as applied to it prior to annexation until those restrictions are changed by zoning map amendments or other regulations in accordance with this chapter.

All other provisions of this these regulations to the contrary notwithstanding, public utilities operating under the jurisdiction of the Public Service Commission, except as specified in KRS 100.987, or the Department of Vehicle Registration or Federal Energy Regulatory Commission, any municipally owned electric system, and common carriers by rail shall not be required to receive the approval of the planning unit for the location or relocation of any of their service facilities. Service facilities shall include all facilities of such utilities and common carriers by rail other than office space, garage space, and warehouse space and include office space, garage space, and warehouse space when such space is incidental to a service facility. The Public Service Commission and the Department of Vehicle Registration shall give notice to the planning commission of any planning unit of any hearing which affects locations or relocations of service facilities within the planning unit's jurisdiction.

1. 1.
   The nonservice facilities excluded in subsection a of this section must be in accordance with the zoning regulations.
2. 2.
   Upon the request of the planning commission, the public utilities referred to in this section shall provide the planning commission of the planning unit affected with information concerning service facilities which have been located on and relocated on private property.
3. 3.
   Any proposal for acquisition or disposition of land for public facilities, or changes in the character, location, or extent of structures or land for public facilities, excluding state and federal highways and public utilities and common carriers by rail mentioned in this section, shall be referred to the commission to be reviewed in light of its agreement with the comprehensive plan, and the commission shall, within sixty (60) days from the date of its receipt, review the project and advise the referring body whether the project is in accordance with the comprehensive plan. If it disapproves of the project, it shall state the reasons for disapproval in writing and make suggestions for changes which will, in its opinion, better accomplish the objectives of the comprehensive plan. No permit required for construction or occupancy of such public facilities shall be issued until the expiration of the sixty (60) day period or until the planning commission issues its report, whichever occurs first.

Nothing in this chapter shall impair the sovereignty of the commonwealth of Kentucky over its political subdivisions. Any proposal affecting land use by any department, commission, board, authority, agency, or instrumentality of state government shall not require approval of the local planning unit. However, adequate information concerning the proposals shall be furnished to the planning commission by the department, commission, board, authority, agency, or instrumentality of state government. If the state proposes to acquire, construct, alter, or lease any land or structure to be used as a penal institution or correctional facility, and the proposed use is inconsistent with or contrary to local planning regulations or the comprehensive plan for the area, the secretary of the Justice and Public Safety Cabinet, or his designee, shall notify, in accordance with KRS 424.180, the planning commission, the local governing body who has jurisdiction over the area involved, and the general public of the state' proposals for the area, and he or she shall hold a public hearing on the proposals within the area at least ninety (90) days prior to commencing the acquisition, construction, alteration or leasing. A final report on the public hearing shall be submitted to the Governor and members of the General Assembly within twenty-five (25) days of the public hearing, and prior to commencing any construction, alteration, acquisition, or leasing of such property or facilities.

The provisions of these regulations shall be held to be the minimum requirements for the promotion of the public safety, health, and general welfare. Where these regulations impose a greater restriction upon the buildings, structures, or premises, upon heights of buildings or structures, or requires larger open spaces than are imposed or required by any other ordinance, rule, code, permit, or regulation, or by easement, covenant, deed restriction, or agreement, the provisions of these regulations shall govern.

If any permit or license is issued in violation of any provision of these regulations, or purports to authorize the doing of any act not permitted by any provision of these regulations, said permit or license shall be void.