(A)   The provisions of this zoning code shall be administered and enforced by the Code Enforcement Officer and/or Zoning Official, except as otherwise provided herein.

   (B)   The Code Enforcement Officer and/or Zoning Official shall promptly investigate complaints of violations and report the findings and actions to complainants. Such enforcement personnel shall use their best efforts to prevent violations and to detect and secure the correction of violations. If they should find any of the provisions of this zoning code are being violated, they shall in writing notify the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The enforcement personnel shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; and shall take or cause to be taken any other action authorized by this zoning code to insure compliance with, and prevent violations of, the provisions hereof.

   (C)   The Code Enforcement Officer and/or Zoning Official shall make records of all official actions of this office relating to the administration and enforcement of the provisions of this zoning code including but not limited to written records of all complaints and actions taken with regard thereto, all violations discovered with actions taken thereto, and the final disposition of all such matters.

(Ord. 794, passed l2-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 2016-1692, passed 2-25-16)

   (A)   No building or other structure shall be erected, moved, added to, or structurally altered, nor shall any of said activities be commenced without a building permit reviewed by the Zoning Official. No building permit shall be approved by him or her except in conformity with the provisions of this zoning code unless he or she has a written order from the Board of Zoning Adjustments in the form of an administrative review decision, a conditional use permit, or dimensional variance as provided under the provisions of this chapter.

   (B)   All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact size and location on the lot of any existing principal buildings and accessory buildings; the lines within which the proposed building or structure is to be erected or altered; the proposed height; the existing and intended use of each building or part of building; the number of families or housekeeping units the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this zoning code. One copy of the plans shall be returned to the applicant by the Zoning Official, after he or she shall have marked such copy either as “approved” or “disapproved” and attested to same by signature on such copy. The original, similarly marked, shall be retained by the Zoning Official. The approved plan will have been reviewed and approved by the Fire Marshal prior to permit issuance.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90) Penalty, see § 156.999

   (A)   General provisions. No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged, or moved, wholly or partly, until a certificate of occupancy shall have been issued by the Building Official. Such certificate shall show that the structure or use, or both, or the premises, or the affected part thereof, are in conformity with the provisions of this zoning code. It shall be the duty of the Building Official to issue such certificate if he or she finds that all of the provisions of this zoning code have been met, and to withhold such certificate unless all requirements of this zoning code have been met. The Building Official may not require a certificate of occupancy for certain use groups. However, this will be determined at the issuance of the permit.

   (B)   Temporary certificates of occupancy. A temporary certificate of occupancy may be issued by the Building Official for a period not exceeding 90 days during alterations or partial occupancy of a building pending its completion in accordance with general rules or regulations concerning such temporary certificate and with such additional conditions or safeguards as are necessary in the circumstances of the case to protect the safety of the general public. The temporary certificate of occupancy is not renewable.

   (D)   Structures and uses to be as provided in building permits, plans, and certificates of occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Building Official or Fire Marshal authorize only the use, arrangement, and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorized shall be deemed a violation of this zoning code.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90) Penalty, see § 156.999

   Whenever a violation of this zoning code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Code Enforcement Officer and/or Zoning Official. He or she shall record properly such complaint, immediately investigate, and take action thereon as provided by this zoning code.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90; Am. Ord. 2016-1692, passed 2-25-16)

   (A)   The Board of Zoning Adjustments shall charge a fee for reviewing all dimensional variance or conditional use applications.

   (B)   The Planning Commission shall charge fees for zoning changes at regular Planning Commission meetings, plus additional fees for special called meetings.

   (C)   There will be a small fee charged for copies of the zoning code, zoning map, and other planning documents as needed.

   (D)   All above fees will be set by the Planning Commission and approved by the City Council.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90)

   (A)   The Board of Zoning Adjustments as constituted at the time of the adoption of this zoning code shall continue in power. Future appointments shall be made as required by KRS 100.217 and this chapter.

   (B)   Proceedings. The Board of Zoning Adjustments shall conduct meetings at the call of the Chairman or Zoning Official who shall give written or oral notice to all members of the Board at least seven days prior to the meeting, and the subject or subjects which will be discussed. The Board may at their choosing, meet monthly or more often as desired. A simple majority of the total membership of the Board shall constitute a quorum. The Board of Zoning Adjustments may adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings, determinations, the number of votes for and against each question, whether any member is absent or abstains from voting, all of which shall, immediately after adoption, be filed in the city planning office. A transcript of the minutes of a Board of Zoning Adjustments meeting shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

   (C)   Powers. The Board of Zoning Adjustments shall have the following powers. The Board may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties. 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 the provisions of this zoning code. The Board shall have the power to issue subpoenas to compel witnesses to attend its meetings and give the evidence bearing upon the questions before it. The Chairman of the Board of Zoning Adjustments shall have the power to administer oaths to witnesses prior to their testifying before the Board on any issue.

   (D)   Administrative review. The Board of Zoning Adjustments shall have the power to hear and decide cases where it is alleged by an applicant that there is an error in any order, requirement, decision, grant, or refusal made by the Zoning Official in the enforcement of this zoning code. Appeals under this section must be taken within 60 days of the date of official action by the Zoning Official.

   (E)   Administrative procedure.

      (1)   The Board of Zoning Adjustments will meet at the call of the Zoning Official, Chairman, or on a regular basis, whichever is convenient, and in the wishes of the majority of the Board.

      (2)   Application must be filed by the Zoning Official in order for the Board to hear any questions involving the literal interpretation of this chapter, the exact location of zoning district boundaries, or any other interpretations and decisions specifically delegated to it by the provisions of this chapter.

      (3)   The Zoning Official has initial authority for literal enforcement and interpretation of the zoning code. He or she has no discretionary authority to allow any departure from the literal conformance with this code.

      (4)   Any appeals from decisions made by the Zoning Official shall be appealed only according to § 156.083. This administrative power is intended to correct any possible misinterpretation by the Zoning Official.

      (5)   The circuit court has jurisdiction to determine all questions and issues properly brought before it on appeal from decisions of the Board of Zoning Adjustments.

      (6)   An application process is required prior to the Board of Zoning Adjustments hearing any conditional use or dimensional variance requests. Applications shall be obtained from the Zoning Official and properly filled out according to their instructions and returned prior to their consideration. The Zoning Official shall review all applications for their completeness. All applications for a conditional use permit or dimensional variance will require written notice of the date and time of the public hearing, as well as a copy of the application, be given by first class mail to the applicant and all adjoining property owners at least 14 days in advance of the meeting. Adjoining property owners include those include those across a public right-of-way. Notice of the public hearing shall be published at least seven days and not more than 21 days in advance in the Murray Ledger and Times. It shall be the duty of the applicant to furnish the names and addresses of the owners of all adjoining properties. A fee as established by the City Council will be charged to all applicants.

(Ord. 794, passed 12-22-83; Am. Ord. 90- 925, passed 7-26-90; Am. Ord. 2008-1457, passed 2-28-08)

   (A)   The Board of Zoning Adjustments shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the planning area of uses which are specifically named in this zoning code which may be suitable only in specific locations in the zone only if certain conditions are met.

   (B)   The Board may approve, modify, or deny any application for 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 this zoning code listing the conditional use under consideration. The Board shall have the power to revoke conditional use permits, or variance for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures of uses removed at the cost of the violator and may have judgment in personam for such cost.

   (C)   The granting of a conditional use permit does not exempt the applicant from complying with all the requirements of building, housing, and other regulations.

   (D)   In any case where a conditional use permit has not been exercised within the time limit set by the Board, or within one year, if no specific time limit has been set, the granting of such conditional use permit shall be reconsidered by the Board of Zoning Adjustments. "Exercised" as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement have 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.

   (E)   The Zoning Official 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 conditions listed on the conditional use permit, the Zoning Official shall report the fact in writing to the Chairman of the Board of Zoning Adjustments. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the Board of Zoning Adjustments finds that the facts alleged in the report of the Zoning Official 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 Zoning Official to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.

   (F)   Once the Board of Zoning Adjustments has granted a conditional use permit and all of the conditions required are of such type that they can be completely and permanently satisfied, the Zoning Official, 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 of the margin of the copy of the conditional use permit which is on file with the County Clerk, as required in KRS 100.3681. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90)

   (A)   The Board of Zoning Adjustments 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 date of adoption or amendment of this zoning code 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 not population density) of this zoning code 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.

   (B)   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:

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

      (2)   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

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

   (C)   The Board shall deny any request for a variance arising from circumstance s 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.

   (D)   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 this zoning code in the zone in question, or, to alter density requirements in the zone in question.

   (E)   A dimensional variance applies to the property for which it is granted, and not 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.

(Ord. 794, passed l2-22-83; Am. Ord. 90-925,passed 7-26-90; Am. Ord. 2005-1373, passed 3-24-05)

   Appeals to the Board of Zoning Adjustments may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action or decision of the Zoning Official. Such appeal shall be taken within 30 days after the appellant or his agent receives notice of the action appealed from, by filing with the 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. The 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 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 Chapter 424, as well as written notice to the appellant and the Zoning Official 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.

(Ord. 794, passed 12-22-83; Am. Ord. 90-925, passed 7-26-90)

   The Planning Commission’s main function is the adoption and amendments of this chapter. It has primary responsibility in guiding the overall planning activities of the city.

   (A)   Establishment. The Planning Commission is established as provided by KRS Chapter 100. Appointments and terms are made as provided for by state law and local city ordinances.

   (B)   Proceedings.

      (1)   The Planning Commission shall conduct monthly meetings on the third Tuesday of each month. The meeting date and time may be changed by mutual agreement of the Planning Commission. The establishment of this regular date does not preclude the Planning Commission from scheduling additional public hearings whenever such meetings are deemed necessary.

      (2)   The Chair of the Planning Commission or Planning staff shall give seven days written or oral notice of a special meeting. The notice shall contain the date, time, and place of the meeting, and the subject or subjects which will be discussed. The Planning Commission shall conduct business only when a majority of the total membership is present constituting a quorum. The Commission may adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings, including regulations, transactions, findings, determinations, the number of votes for and against each question, whether any member is absent or abstains from voting, all of which shall immediately after adoption, be filed in the City Planning office. A transcript of the minutes of the Commission meeting shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

   (C)   Powers. The Murray Planning Commission shall have the following general powers. The commission may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties. The Commission 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 the provisions of this zoning code. The Chair of the Planning Commission shall have the power to administer oaths to witnesses prior to their testifying before the Commission on any issue.

   (D)   Other authority. The Planning Commission, in addition to its other responsibilities concerning adoption and amendment of this chapter, has the authority and responsibility for reviewing all planned development projects. This responsibility, like subdivision plat review, involves guiding the initial disposition of land including the proper arrangement of streets in relation to other existing or planned streets, provision of adequate open space, and the avoidance of congestion and is consequently equivalent to the Planning Commission’s primary responsibility for subdivision plat review and approval.

   (E)   Administrative procedure.

      (1)   The circuit court has jurisdiction to determine all questions and issues properly brought before it on appeal from decisions of the Planning Commission.

      (2)   Applications shall be filed with the Zoning Official for any action to come before the Planning Commission. Applications shall be obtained from the Zoning Official and properly filled out according to their instruction and returned prior to their consideration. The Zoning Official shall review all applications for their completeness. A fee as established by the City Council will be charged for all applications.

      (3)   The Administrative Procedure for a zoning amendment is contained in §§ 156.060 through 156.066.

(Am. Ord. 2023-1844, passed 5-25-23)