(a)

A proposal for amendment to the zoning ordinance shall be referred to the planning commission before adoption. The commission shall review the proposal, and shall, within 60 days from the date of its receipt, advise the city council as to whether it approves or disapproves of the proposed change, and if it disapproves, state the reasons for disapproval. Before the planning commission makes its recommendations to the city council, said commission shall hold at least one public hearing after notice as required by KRS ch. 424. A majority of the entire membership of the city council shall be required to override the planning commission's disapproval.

(b)

Before any map amendment is granted, the planning commission and the city council must find that the map amendment is in agreement with the community's comprehensive plan, or, in the absence of such a finding, that one or more of the following apply and such finding shall be recorded in the minutes and records of the planning commission and city council:

(1)

That the original zoning classification given to the property was inappropriate or improper.

(2)

That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the community's comprehensive plan and which have substantially altered the basic character of such neighborhood.

(a)

Provisions of the zoning ordinance shall be enforced by an administrative officer, designated by the city to administer said ordinance.

(b)

The administrative officer shall be authorized to issue building permits and/or certificates of occupancy in accordance with the literal terms of the zoning ordinance, but may not have the power to permit any construction, or to permit any use or any change of use which does not conform to the literal terms of the zoning ordinance.

(c)

The administrative officer shall keep accurate records in a permanent file for the issuance of building permits, certificates of occupancy, inspections, violations, stop orders, and condemnations. If the administrative officer finds any provisions of the ordinance being violated, the person or persons responsible for such violation shall be notified by the administrative officer through registered mail. Said notification shall order the discontinuation of any illegal use of land, buildings, and/or structure.

(d)

Any permit or certificate of occupancy issued in conflict with the provisions of the zoning ordinance shall be null and void.

(e)

The administrative officer shall be required to inform and/or report such officer's actions to the planning commission. Said report shall be in writing and issued to the planning commission on or before each monthly meeting.

(a)

Required prior to construction or alterations: It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving or alteration of any building, including accessory buildings, until the administrative officer has issued a building permit for such work.

(b)

Exceptions: No building permit or certificate of occupancy shall be required in the following cases:

(1)

Recurring maintenance work.

(2)

Installation of required improvements according to an approved subdivision plat.

(c)

Procedure:

(1)

Application: In applying to the administrative officer for a building permit, the applicant shall submit a plan along with the application, drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered and all existing structures, the use of structures, yard depths, and any other information necessary for determining conformance with this ordinance. The county health officer's certificate approving proposed water and sewerage facilities must accompany applications according to section 4.0120 of the zoning ordinance.

(2)

Issuance: If the proposed construction or alteration conforms with all applicable ordinances, regulations, and codes, the administrative officer shall issue a building permit authorizing such construction or alteration. If proposed construction or alteration fails to conform, the administrative officer shall refuse to issue a building permit and shall cause delivery of written notice to the applicant stating the reasons for refusal. The administrative officer shall act upon applications for building permits within two weeks from the date of their submission.

(3)

Restraint of construction without permit: If no building permit has been issued and a builder begins or continues to build, a restraining order may be obtained upon application to the proper court of record and evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.

(4)

Validity: The issuance of a building permit shall not waive any provisions of this regulation.

(5)

Duration: A building permit shall become void one year from the date of the construction or alteration authorized therein. A building permit may be renewed without fee upon review by the administrative officer before it becomes void.

Cross reference— Building permit fees, § 4-3.

No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the administrative officer shall have issued a certificate of occupancy stating that such land, building or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of this regulation. Within three days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the administrative officer to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof, are found to conform with the provisions of this regulation; or, if such certification is refused, to state refusal, in writing with the cause, and immediately thereupon to mail notice of such refusal to the applicant at the address indicated in the application.

(a)

Membership; appointment; terms; vacancies; oath; removal; officers; actions; procedure; appeals. A board of adjustment shall be established before the zoning ordinance shall be legally enforced.

(1)

The board shall consist of either three, five, or seven members, all of whom must be citizen members, and not more than two of whom may be citizen members of the planning commission. A "citizen member" means any member of the planning commission or board of adjustment who is not an elected or appointed official or employee of the city.

(2)

The mayor shall be the appointing authority, subject to the approval of the legislative body.

(3)

The term of office for members of the board shall be 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.

(4)

Vacancies on the board shall be filled within 60 days by the mayor. If the mayor fails to act within that time, the planning commission shall fill the vacancy. When a vacancy occurs other than through expiration of the terms of office, it shall be filled for the remainder of that term.

(5)

All members of the board shall, before entering upon their duties, qualify by taking the oath of office prescribed by Const. § 228 before a judge, notary public, clerk of a court, or justice of the peace.

(6)

Reimbursement for expenses or compensation or both may be authorized for members of the board.

Cross reference— Salaries of members, § 2-5.

(7)

Any member of the board may be removed by the appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of interest. The appointing authority who exercises the power to remove a board member shall submit a written statement to the planning commission setting forth the reasons for removal and the statement shall be read at the next meeting of the board of adjustment. The member so removed shall have the right of appeal to the circuit court of Graves County.

(8)

The board shall annually elect a chairman, vice-chairman, and a secretary and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of such officer's term.

(b)

Meetings of board; quorum; minutes; bylaws: The board shall conduct meetings at the call of the chairman who shall give written or oral notice to all members of the board at least seven days prior to the meeting, which notice shall contain the date, time and place for the meeting and the subject or subjects which will be discussed. A simple majority of the total membership, as established by regulation or agreement, shall constitute a quorum. Any member of the board 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 such member's self from voting on the question. The board shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings, 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. If the board has no office, such records may be kept in custody of an officer of the board and shall be available to the general public. A transcript of the minutes of the board shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

(c)

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.

(d)

Finances: The board shall have the right to receive, hold, and spend funds which it may legally receive from any and every source in and out of the Commonwealth of Kentucky, including the United States Government, for the purpose of carrying out its duties.

(e)

Subpoena power: The board shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it. The chief of police and/or sheriff shall serve such subpoenas. The circuit court may, upon application by the board, compel obedience to such court or such subpoena by proceedings of contempt.

(f)

Administration of oaths: The chairman of the board shall have the power to administer an oath to witnesses prior to their testifying before the board on any issue.

(g)

Conditional use permits: The board shall have the power 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 ordinance which may be suitable only in specific locations in the zone only if certain conditions are met:

(1)

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 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 ordinance listing the conditional use under consideration. The board shall have power to revoke conditional use permits, or variances for noncompliance with the condition thereof. Furthermore, the board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.

(2)

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

(3)

In any case where a conditional use permit has been exercised within the time limit set by the board, or within one 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 improvements has 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 shall be under contract, in development, or completed. When construction is not a part of the use, exercised shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

(4)

The administrative officer shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permit. If the landowner is not complying with all of the conditions listed on the conditional use permit, the administrative officer shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the chairman of the board. If the board finds that the facts alleged in the report of the administrative officer are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the board may authorize the administrative officer to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity of the land which the conditional use permit authorizes.

(5)

Once the board has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the administrative officer upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the county clerk, as required in Kentucky Revised Statutes, section 100.329. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

(h)

Dimensional variance: The board shall have the power to hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of the zoning ordinance or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but no population density) of the zoning ordinance would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The board may impose any reasonable conditions or restrictions on any variance it decides to grant.

(i)

Findings necessary for granting variances: Before any variance is granted, the board must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance:

(1)

The specific conditions in detail which are unique to the applicant's land and which do not exist on other land in the same zone.

(2)

The manner in which the strict application of the provisions of the ordinance would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.

(3)

That the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning ordinance.

(4)

Reasons that the variance will preserve, not harm, the public safety and welfare and will not alter the essential character of the neighborhood.

(j)

Variance cannot contradict zoning ordinance: 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 ordinance in the zone in question, or to alter density requirements in the zone in question.

(k)

Dimensional variance runs with land: A dimensional variance applies to the property for which it is granted, and not to the individual who applied for it. A variance also 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.

(l)

Recording of variances and conditional use permits: All variances and conditional use permits approved by the board of adjustment shall be recorded at the expense of the applicant in the office of the county court clerk.

(m)

Existing nonconforming use, continuance; change: The lawful use of a building or premises, existing at the time of the adoption of the zoning ordinance affecting it, may be continued, although such use does not conform to the provisions of such regulation, except as otherwise provided herein. 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 ordinance, which makes its use nonconforming, was adopted. Nor shall the board permit a change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification.

(n)

Administrative review: The board 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 the zoning ordinance. Such appeal shall be taken within 60 days.

(o)

Procedure for all appeals to board: Appeals to the board may be taken by any persons or entity claiming to be injuriously affected or aggrieved by an official action or decision of any zoning enforcement officer. Such appeal shall be taken within 30 days after the appellant or appellant's agent receives notice of the action appealed from by filing with said officer and with the board 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 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 any hearing by the board any interested person may appear and enter such person's appearance, and all shall be given an opportunity to be heard.

(p)

Public notice of appeal hearing; appeal to court:

(1)

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 officer at least one week prior to the hearing, and shall decide it within 60 days. The affected party may appear at the hearing in person or by attorney.

(2)

Any person or entity claiming to be injured or aggrieved by any final action of the planning commission or board of adjustment may appeal from the action to the circuit court of the county in which the land lies. All appeals shall be taken in the circuit court within 30 days after the action or decision of the planning commission or board of adjustment and all decisions which have not been appealed within 30 days shall become final. After the appeal is taken the procedure shall be governed by the rules of civil procedure. When an appeal has been filed, the clerk of the circuit court shall issue a summons to all parties, including the planning commission in all cases, and shall cause it to be delivered for service as in any other law action.