A Board of Zoning Adjustment is hereby established, in accordance with KRS 100.217. The Board of Zoning Adjustment shall consist of five members, not more than two of whom may be a member of the City Planning Commission. They shall be appointed by the City Council and shall serve terms of four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively. Vacancies shall be filled by the City Council.

(2000 Code, App. B, § 101)

   Meetings of the Board of Zoning Adjustment shall be held at the call of the Chairperson, and at other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall adopt rules of procedure and shall keep records of applications and action thereon, which shall be a public record. Upon appointment and annually, the Board of Zoning Adjustment shall meet and organize and shall elect its Chairperson, Vice-Chairperson and Secretary who will serve one year or until his or her successor duly qualifies.

(2000 Code, App. B, § 102)

   In accordance with KRS 100.261, an appeal to the Board of Zoning Adjustment may be taken by any person, firm or corporation aggrieved, or by any governmental office, department, board or bureau affected by any decision of the Building Inspector based in whole or in part upon the provisions of this chapter. The appeal shall be taken by filing with the Board of Zoning Adjustment. A notice of appeal, specifying the grounds thereof, shall be filed within 30 days from the date upon which the notice of refusal of building permit or notice of refusal of certificate of occupancy is mailed by the Building Inspector; and failure to file notice of appeal within 30 days shall constitute a waiver of the right to appeal. The Building Inspector shall transmit to the Board all papers constituting the record upon which the action appealed was taken. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person or party may appear in person or by agent or by attorney.

(2000 Code, App. B, § 103)

   An appeal stays all legal proceedings in furtherance of action appealed from unless the Building Inspector certifies to the Board of Zoning Adjustment, after the notice of the appeal has been filed with him that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In that case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Adjustment or by a competent court of application, on notice to the Building Inspector, and provided due cause is shown.

(2000 Code, App. B, § 104)

   The Board of Zoning Adjustment shall have the following powers:

   (A)   Administrative review.

      (1)   To hear and decide appeals where it is alleged by the appellants 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 of this chapter; and to interpret the zoning map; and

      (2)   The concurring vote of a simple majority of those Board members present shall be necessary to reverse, or modify any order or decision of an administrative official. The appeal shall be taken within 60 days.

   (B)   Special exceptions. To hear and decide applications for special exceptions as specified in this chapter and for decisions on any special questions upon which the Board of Zoning Adjustment is specifically authorized to pass; and

   (C)   Variance. To hear and decide on applications for a variance from the terms of this chapter because of unnecessary hardship and to authorize in specific cases the variance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of the ordinance will, in an individual case, result in a practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

      (1)   Before any variance is granted, all of the following conditions must be shown to be present:

         (a)   Conditions and circumstances are peculiar to the land, structure or building and do not apply to neighboring lands, structures or buildings in the same district;

         (b)   Strict application of the provisions of this chapter would deprive the applicant of reasonable use of the land, structure or building equivalent to the use permitted to be made of neighboring lands, structures or buildings in the same district under the terms of this chapter;

         (c)   The peculiar conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter; and

         (d)   Relief, if granted, will not cause substantial detriment to the public good or impair the purposes and intent of this chapter.

      (2)   Financial disadvantage to the property owner shall not constitute conclusive proof of unnecessary hardship within the purpose of zoning.

      (3)   The Board does not possess the power to grant a variance to permit a use of land or building or structure that is specifically prohibited by this chapter or to permit a use not generally or by special exception permitted in the district involved.

      (4)   In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter.

      (5)   In exercising the above powers, the Board, in conformity with the provisions of this chapter, may affirm, modify or revise, wholly or in part, the order, requirement, decision or determination and to that end shall have all the powers of the officer from which the appeal is taken and may issue or direct the issuance of a permit.

(2000 Code, App. B, § 105)