Glasgow City Zoning Code
BOARD OF
ADJUSTMENT
§ 158.455 CREATION; APPOINTMENT.
(A) A Board of Adjustment is hereby established in accordance with KRS 100.217.
(B) (1) The Board of Adjustment shall constitute five members, not more than two of whom may be members of the Joint City-County Planning Commission.
(2) They shall be appointed by the Mayor and term of membership shall be for four years.
(C) (1) Vacancies shall be filled for any unexpired term by the Mayor within 60 days.
(2) If the Mayor fails to do so within that time the Joint City-County Planning Commission shall fill the vacancies.
(1989 Code, § 154.250) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 1294, passed - -1973; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2542, passed 10-24-2005; Am. Ord. 2617, passed 2-11-2008; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.456 MEETINGS.
(A) Meetings of the Board of Adjustment shall be held at the call of the Chairperson, who shall give written or oral notice to all members of the Board of Adjustment at least seven days prior to the meeting.
(B) The notice shall contain the day, time and place for the meeting and the subjects which will be discussed.
(1989 Code, § 154.251) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.457 QUORUM.
A simple majority of the total membership of the Board of Adjustment shall constitute a quorum.
(1989 Code, § 154.252) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.458 FINANCIAL INTEREST.
Any member of the Board of Adjustment who has any direct or indirect financial interest in the outcome of any question before the Board of Adjustment shall disclose the nature of the interest and shall disqualify himself or herself from voting on the question.
(1989 Code, § 154.253) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.459 DUTIES; PROCEDURES.
(A) The Board of Adjustment shall adopt bylaws for the discussion of business and shall keep minutes and records of all proceedings including regulations, transactions, fines 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 immediately after adoption be filed in the office of the Board of Adjustment.
(B) The Board of Adjustment shall keep the minutes of its proceedings, which shall be a public record and be immediately filed in the office of the Board of Adjustment and with the city.
(C) (1) A transcript of the minutes of the Board of Adjustment shall be provided if requested by a party at the expense of the requesting party.
(2) The transcript of the minutes of the Board of Adjustment shall be provided if requested by a party at the expense of the requesting party and the transcript shall constitute the record.
(1989 Code, § 154.254) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.460 POWERS.
The Board shall have all powers permitted to be exercised by the Board by KRS Chapter 100.
(1989 Code, § 154.255) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.461 EMPLOYING PLANNERS OR OTHER PERSONS.
The Board of Adjustment may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties as provided in KRS 100.223.
(1989 Code, § 154.256) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.462 FINANCES.
The Board shall have the right to receive, hold and spend funds which it may regularly receive from any and every source, including the U.S. government, as provided in KRS 100.227.
(1989 Code, § 154.257) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.463 SUBPOENA POWER.
The Board of Adjustment shall have the power to issue subpoenas as provided in KRS 100.231.
(1989 Code, § 154.258) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.464 ADMINISTRATION OF OATHS.
The Chairperson of the Board of Adjustment shall have the power to administer an oath to witnesses prior to their testifying before the Board of Adjustment on any issue, as provided in KRS 100.233.
(1989 Code, § 154.259) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.465 CONDITIONAL USE PERMITS.
The Board of Adjustment shall have the power to hear and decide applications for conditional use permits as provided in KRS 100.237.
(1989 Code, § 154.260) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.466 VARIANCES.
(A) The Board of Adjustment shall have the power to hear and decide all applications for variances. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant. (KRS 100.241)
(B) (1) 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:
(a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity or in the same zone;
(b) 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
(c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
(2) 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.
(KRS 100.243)
(1989 Code, § 154.261) (Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.467 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 any zoning regulation, as provided in KRS 100.257.
(1989 Code, § 154.262) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.468 PROCEDURE FOR ALL APPEALS TO BOARD OF ADJUSTMENT.
All appeals to the Board of Adjustment may be taken as provided in KRS 100.261 and the appeals shall be processed, as provided in KRS 100.261 and 100.263.
(1989 Code, § 154.263) (Ord. 1047, passed - -1967; Am. Ord. 1063, passed - -1967; Am. Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)