Hopkinsville City Zoning Code
ADMINISTRATION
§ 158.300 INTENT.
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board of Zoning Adjustment only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the City Council in connection with this chapter 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 this chapter. Under this chapter the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter as provided by law, and of establishing a schedule of fees and charges as stated in Appendix D following this chapter. Nothing in this chapter shall be interpreted to prevent any adversely affected individual, entity or official of the city from appealing a decision of the Board to the courts as provided in state law. Any person or entity claiming to be injured or aggrieved by any final action of the Board of Zoning Adjustment shall file the appeal within 30 days of the Board’s written decision.
(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)
§ 158.301 ZONING INSPECTOR; DUTIES.
(A) A Zoning Inspector designated by the City Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the City Council may direct.
(B) For the purpose of this chapter, the Zoning Inspector shall have the following duties:
(1) Upon finding that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violation, ordering the action necessary to correct the violation;
(2) Order discontinuance of illegal uses of land, buildings or structures;
(3) Order removal of illegal buildings or structures or illegal additions or structural alterations;
(4) Order discontinuance of any illegal work being done; and
(5) Take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of and action on zoning and similar administrative duties as are permissible under the law.
(Ord. 11-85, passed 12-3-1985)
§ 158.302 PLANNING COMMISSION; PROCEEDINGS; DUTIES.
(A) The Planning Commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be of public record and be immediately filed in the office of the Commission.
(B) For the purpose of this chapter, the Planning Commission shall have the following duties:
(1) Initiate proposed amendments to this chapter when or where needed;
(4) Assume the duties of the Board of Zoning Adjustment as provided in § 158.303(C)(2) in cases where the subdivision of property requires one or more variances. In exercising these duties the Planning Commission shall assume and adhere to the procedural requirements as specified in this chapter pursuant to §§ 158.307 through 158.311 and KRS 100.231, 100.233, 100.237, 100.241, 100.243, 100.247 and 100.251; and
(5) Assume the duties of the Board of Zoning Adjustment as provided in § 158.303(C)(2) and (C)(3) in cases where the rezoning of property requires one or more variances or conditional use permits. In exercising these duties the Planning Commission shall assume and adhere to the procedural requirements as specified in this chapter pursuant to §§ 158.307 through 158.311 and §§ 158.110 through 158.118 and § 158.243.
(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)
§ 158.303 BOARD OF ZONING ADJUSTMENT; DUTIES.
(A) A Board of Zoning Adjustment is hereby created as set forth in KRS 100.217. The Board shall consist of five citizen members, no more than two of whom may be citizen members of the Planning Commission. The term of office for the Board of Zoning Adjustment shall be four years. Members are to be appointed and all vacancies are to be filled as provided in KRS 100.217.
(B) The Board shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be public record and be immediately filed in the office of the Board.
(C) In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such other requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. For the purpose of this chapter, the Board has the following specific responsibilities:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector;
(2) To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; and
(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)
§ 158.304 CONFORMANCE OF APPEALS AND VARIANCES; APPELLATE JURISDICTION.
Appeals and variances shall conform to the procedure and requirements of this subchapter. As set forth in § 158.303(C), the Board of Zoning Adjustment has appellate jurisdiction relative to appeals and variances.
(Ord. 11-85, passed 12-3-1985)
§ 158.305 APPEALS.
Appeals to the Board of Zoning Adjustment concerning interpretation or administration of this chapter may be taken by any persons or entity claiming to be injuriously affected or aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Zoning Inspector. The appeal shall be taken within 30 days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Adjustment, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Adjustment all the papers constituting the record upon which the action appealed from was taken. At the Public Hearing on the appeal held by the Board, any interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard.
(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)
§ 158.306 STAY OF PROCEEDINGS.
Any appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Adjustment after the notice of appeal is filed with him or her, that by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Adjustment or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken or due cause shown.
(Ord. 11-85, passed 12-3-1985)
§ 158.307 VARIANCES; APPLICATION AND STANDARDS.
(A) The Board of Zoning Adjustment may authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land or would create an unnecessary hardship.
(B) A variance from the terms of this chapter shall not be granted by the Board of Zoning Adjustment unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Adjustment containing:
(1) Name, address and phone number of applicants;
(2) Legal authorized signature of property owner;
(3) Legal description of property;
(4) Description of nature of variance requested; and
(5) A narrative statement demonstrating that the requested variance conforms to the following standards:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
(b) That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) That special conditions and circumstances do not result from the actions of the applicant; and
(d) That granting the variance requested will not confer on the applicant any special privilege that negatively impacts other land structures or buildings in the immediate vicinity.
(C) A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by division (B)(5) above have been met by the applicant.
(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)
§ 158.308 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
Under no circumstances shall the Board of Zoning Adjustment grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district. In granting any appeal or variance, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this chapter and punishable under § 158.999.
(Ord. 11-85, passed 12-3-1985)
§ 158.309 PUBLIC HEARING BY BOARD OF ZONING ADJUSTMENT.
The Board of Zoning Adjustment shall hold a public hearing within 45 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant. However, the public hearing shall not be held sooner than ten days after its receipt.
(Ord. 11-85, passed 12-3-1985)
§ 158.310 NOTICES OF PUBLIC HEARING; IN NEWSPAPERS AND TO ADJOINING PROPERTY OWNERS.
(A) Before holding the public hearing, notice of the hearing shall be given in one or more newspapers of general circulation of the city at least seven days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(B) Each adjoining property owner shall be contacted in writing prior to the public hearing. Notice shall be mailed by the Chairperson of the Board of Zoning Adjustment, or duly appointed representative, by registered mail, at least seven days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in division (A) above.
(Ord. 11-85, passed 12-3-1985)
§ 158.311 ACTION BY BOARD OF ZONING ADJUSTMENT.
Within 30 days after the public hearing required in this subchapter, the Board of Zoning Adjustment shall either approve; approve with supplementary conditions as specified in § 158.114; or disapprove the request for appeal or variance. The Board of Zoning Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. Appeals from the Board decisions shall be made in the manner specified in § 158.300.
(Ord. 11-85, passed 12-3-1985)