No land or structures shall be designated, erected, altered, used or occupied except in conformity with all regulations herein established and upon performance of all conditions herein set forth.

No structures shall be erected or altered no any foundation poured or constructed until a zoning certificate for such erection or alteration has been issued by the City of Flatwoods or their authorized agent, including but not limited to the code enforcement officer.

Neither the use of or the use upon any land nor the use of or the uses within any structure shall be changed until a zoning permit for such change our use shall have been issued by the City of Flatwoods or their authorized agent, including but not limited to the code enforcement officer.

No structure shall be erected nor any foundation constructed until a building permit for such construction has been issued by the appropriate building official.

Building permits shall be issued for structures which conform to the requirements of this ordinance as well as those of the Kentucky Building Code.

Any construction involving multi-family, commercial or industrial structures or places of assembly shall be required to submit various plans for plan review as required under the Kentucky Building Code. Additional information concerning the information required and the specific review procedures can be obtained from the city administrative official/building inspector.

Fees will be charged for building permits and or plan review. Said fees will be set by separate ordinance and/or the Kentucky Building Code.

Building permits shall be effective for six (6) months from the date issued. If substantial construction has not occurred in this time period, then a new building permit must be applied for, and a new fee paid. Said reapplication will be subject to any code and/or ordinance changes which have occurred since the original permit was issued. In cases where substantial construction has occurred during the first six (6) months period, and the applicant has shown a good faith effort toward completing the project, the building official may grant a six (6) month extension to the original permit. In this case no additional fee needs to be paid and no code and/or ordinance changes shall be considered.

No new structure shall be used or initially occupied until an occupancy permit for such use and/or occupancy has been issued by the appropriate building official.

Wherever by the provisions of this ordinance the performance of any act is required or the performance of any act is prohibited or wherever any regulation, dimension or limitation is imposed on the use or change of use of or upon any land or on the erection or alteration of any structure or the use or change of use of such structure or the uses within such structure, a failure to comply with the provisions of this ordinance shall constitute a violation of this ordinance. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be cited by civil injunction to Greenup District Court as provided by Kentucky Revised Statute 431.015 and upon conviction, be fined not less than ten dollars ($10.00) but not more than five hundred dollars ($500.00) for each conviction. Each day of violation shall constitute a separate offence.

Any person who initially violates any provision of KRS 100.3681 to 100.3684 shall be guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

Whenever higher or more restrictive standards are established by the provisions of any other applicable statue, ordinance or regulation than are established by the provisions of this ordinance, the provisions of such other statute, ordinance, or regulation shall govern.

Whenever this ordinance is more restrictive than a private covenant or a state or federal statute or regulations, and provisions of this ordinance shall prevail.

There is hereby vested in the city code enforcement officer of the City of Flatwoods, the duty of administering this ordinance and the power necessary for such administration, incidental to which duty and power the enforcement officer shall:

A.

Intervene, for and on behalf of the municipality; in all public hearings before the board of adjustment, present facts and information to assist the board in reaching a decision, resist and oppose any unfounded deviations from the standard provisions of this ordinance and have decisions of the board reviewed in a court of proper jurisdiction when, in the judgment of the administrator and with the approval of the commission, such review is desirable.

B.

Propose and recommend to the commission and council the enactment of amendments to this ordinance for the purpose of improving administration and enforcement of this ordinance.

C.

Propose and recommend to the commission and council the enactment of amendments to the official map as made desirable or necessary by judicial or administrative proceedings or as deemed desirable or necessary because of changed or changing conditions. All amendments proposed hereunder shall be subject to the limitations and procedure hereinafter set forth under amendment procedures.

D.

Review all applications for zoning certificates and shall upon compliance to this ordinance approve and issue said zoning certificate.

E.

Receive all applications for amendments to this ordinance including the zoning map and refer such applications to the proper agencies for examination and submit to the commission all such applications together with recommendations of the examining agencies and any recommendations or reports by the staff deemed desirable or necessary.

F.

Administer rules and regulations established by the board of zoning adjustment or the commission for proceedings without and within the board of zoning adjustment or commission, together with regular forms for such proceedings, and a schedule of fees established by board of zoning adjustment or the commission for processing amendments, issuing permits and certificates and for recording those matters required by this ordinance to be recorded.

G.

Maintain a map showing the current zoning classification of all land in the municipality and the location, type, and identity of all nonconforming uses.

H.

Maintain a current register of all nonconforming uses and regulate the registration of such uses.

I.

Record with the city clerk all matters required to be recorded by this ordinance. The city clerk shall make all filings necessary with the Greenup County Court Clerk.

J.

Maintain written records of all actions taken by the board of adjustments under this ordinance.

There is hereby vested in the code enforcement officer the duty of enforcing this ordinance and the power necessary for such enforcement, incidental to which duty and power the code enforcement officer shall:

Conduct investigations and surveys to determine compliance or non-compliance with the provisions of this ordinance. The right to entry and inspection to enforce this ordinance may be enforced by application to and proper jurisdiction.

A.

Make written order requiring compliance with the provisions of this ordinance. Such orders shall be served personally or by registered mail upon the person, firm or corporation deemed by the commission to be violating the provisions of this ordinance; provided, however, that if such person, firm or corporation is not the owner of the land on or the structure in which the violation is deemed to exist or have occurred, a copy of the order shall be sent by registered mail to the owner of such land or structure, the owner to be determined from the tax roll for the preceding tax year in the office of the Greenup County Property Evaluation Administrator.

B.

The date of mailing shall be deemed the date of service of any order served by registered mail.

C.

Through the city's attorney institute, in courts of proper jurisdiction, proceedings for the enforcement of the provisions of this Ordinance and administrative orders and determinations made hereunder.

D.

Any person or entity claiming to be injuriously affected by an official action, order, requirement, interpretation, grant, refusal, or decision of any zoning enforcement officer may appeal to the board. Such appeal shall be taken within thirty (30) days after the appellant or his agent receives notice of the action of the official, by filing with the said official and the board of adjustment a notice of appeal, along with the current fees, specifying the particular grounds upon which the appeal is taken. Upon receipt of a notice of appeal, the zoning officer shall forthwith transmit to the board all documents and materials constituting the record from which the action appealed from was taken and shall be treated as an be the respondent in such further proceedings. Said appeals shall conform to and follow the procedures set forth in KRS 100.157, 100.261, and 100.263.

A.

Appointment of board: A board of adjustment shall be appointed as stipulate by KRS 100.217. Meetings shall be held at the call of the chairman 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 to be discussed.

B.

Rules for proceeding before board: The board shall adopt rules governing all proceedings before it; such rules shall provide and require that:

1.

Public notice shall be given of all hearings an all hearings shall be open to the public, in accordance with KRS Ch. 424.

2.

Due notice of all hearings shall be given in writing to all interested parties and to the planning commission which commission shall be permitted to intervene, for and on behalf of the municipality, in all public hearings.

3.

At any public hearing representative of the commission and any other interested party may appear in person or by agent or by attorney, offer evidence, testimony, and cross-examine witnesses.

4.

All witnesses shall be sworn or shall affirm their testimony in the manner required in courts of record.

5.

All evidence and testimony shall be presented publicly. The board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider any relevant facts within the personal knowledge of any member.

For each case or matter heard, the board shall cause a record of its proceedings to be prepared. The record of proceedings shall include all documents and physical evidence considered in the case together.

6.

The chairman, or in absence, the vice-chairman shall administer oaths to or accept affirmations from witnesses and may compel the attendance of witnesses.

C.

Powers of the board:

1.

The board of adjustment shall have three (3) major functions:

a.

Administrative review/appeals;

b.

Dimensional variances;

c.

Conditional use permits.

2.

Administrative review and appeal:

a.

The board has the authority to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.

b.

The board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination and, to that end, shall have all the powers of the administrative official from whom the appeal is taken.

c.

All appeals to the board shall follow the procedures set in KRS 100.257, 100.261, and 100.263.

3.

Conditional use permits: The board shall have the authority to issue conditional use permits in accordance with the provisions of Article VI.

4.

Dimensional variances: The board 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. Before any variance is granted (KRS 100.243), 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 unreasonable circumvention of the zoning regulations. The board may also be permitted to allow variances from the number of parking spaces required in the Highway Commercial and Central Commercial Zone. However, no variance shall be authorized by the board unless all of the following conditions are found to exist:

1.

The variance does not authorize any use of land, building or structure which is not permitted by this ordinance.

2.

The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone.

3.

The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and

4.

The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.

D.

Limitations on power of board:

1.

Concurring vote required: The concurring vote of a simple majority of a quorum of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this ordinance or to effect any variation in this ordinance.

2.

Findings of fact: Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. The required conditions enumerated in subsection 500.9.C.4(1—3), shall be construed as limitations on the power of the board to act. A mere finding or recitation of the enumerated conditions unaccompanied by findings or specific facts shall not be deemed findings of fact and shall not be deemed in compliance with this ordinance.

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 the code enforcement officer. Such appeal shall be taken within thirty (30) days after the appellant or his agent receives notice of the action of the official by filling with said officer and with the board a notice of appeal specifying the grounds thereof, giving notice of such appeal 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 the public hearing on the appeal held by the board, any interested person may appear and enter his appearance, and all shall be given an opportunity to be heard.

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.

A.

Any person or entity claiming to be injured or aggrieved by any final action of the board of adjustment shall appeal from the action to the circuit court of Greenup in which the property, which is the subject of the action of the board of adjustment, lies. Such appeal shall be taken within thirty (30) days after the final action of the board. All final actions which have not been appealed within thirty (30) days shall not be subject to judicial review. The board of adjustment shall be a party in any such appeal filed in the circuit court.

B.

Any person or entity claiming to be injured or aggrieved by any final action of the planning commission shall appeal from the final action to the circuit court of Greenup County in which the property, which is the subject of the commission's action, lies. Such appeal shall be taken within thirty (30) days after such action. Such action shall not include the commission's recommendations made to other governmental bodies. All final actions which have not been appealed within thirty (30) days shall not be subject to judicial review. Provided, however, any appeal of a planning commission action granting or denying a variance or conditional use permit authorized by KRS 100.203(5) shall be taken pursuant to this subsection. In such case, the thirty (30) day period for taking an appeal begins to run at the time the legislative body grants or denies the map amendment for the same development. The planning commission shall be a party in any such appeal filed in the circuit court

C.

Any person or entity claiming to be injured or aggrieved by any final action of the legislative body of any city, county or urban-county government, relating to a map amendment shall appeal from the action to the circuit court of Greenup County in which the property, which is the subject of the map amendment, lies. Such appeal shall be taken within thirty (30) days after the final action of the legislative body. All final actions which have not been appealed within thirty (30) days shall not be subject to judicial review. The legislative body shall be a party in any such appeal filed in the circuit court.

D.

The owner of the subject property and applicants who initiated the proceeding shall be made parties to the appeal. Other persons speaking at the public hearing are not required to be made parties to such appeal.

E.

For purposes of this ordinance, final action shall be deemed to have occurred on the calendar date when the vote is taken to approve or disapprove the matter pending before the body.

F.

The issuance of a writ on a petition hereunder shall not stay proceedings upon the decision appealed from; but the court, on application after notice to the board and on due cause shown, may grant a restraining order.

Any member of the planning commission, employee, or member of the board of adjustment, charged with the enforcement of this code, acting for the city in the discharge of their duties, shall not thereby render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any commission member, employee, or member of the board of adjustment, because of an act performed by them in the enforcement of any provision of this code shall be defended by the municipality's legal representative until the final termination of the proceedings.