Springfield City Zoning Code

CONDITIONAL USE

PERMITS, VARIANCES AND APPEALS

§ 156.130 GENERALLY.

The Board of Adjustments shall have the power to hear and decide on applications for conditional use permits, variances and appeals in accordance with the procedures set forth in KRS Chapter 100 and in this subchapter.

(Ord. 2024-004, passed 12-23-2024)

§ 156.131 CONDITIONAL USE PERMITS.

The owner of the subject property or an agent of the owner, bearing a written power of attorney granting authority for this purpose, may apply for a conditional permit.

(A) Application. An application for a conditional use permit must be filed with the Board of Adjustments. The application must be accompanied by the following information and documentation:

(1) Application signed by an owner or the owner’s agent;

(2) Plat and site plan of the property to which the conditional use permit will apply, prepared by a licensed land surveyor and containing the following information:

(a) Names of owner(s) and applicant(s);

(b) Scale and north arrow;

(d) Lot dimensions and setbacks;

(e) Locating distance to nearest road or railroad centerlines or rights-of-way;

(f) Address of property or intersecting street on each side;

(g) Rights-of-way of road and pavement width;

(h) Adjacent property, showing property lines and names of adjacent property owner(s);

(i) Acreage of property;

(j) Vicinity map;

(k) Surveyor’s stamp and certification;

(l) Floodplain area(s) and FEMA certification;

(m) Exterior dimensions and use of all existing and proposed structures; and

(n) Any and all other information necessary for determining conformance with this chapter.

(3) Listing of adjoining property owners obtained from County Property Valuation Administrator’s records, including name(s), mailing addresses, PVA number and property street address;

(4) Certificate from the County Health Department approving the proposed water and sewerage facilities; and

(5) Non-refundable fee.

(B) Staff review and findings. Upon the filing of a conditional use permit application, the Board of Adjustments staff shall review the application, make whatever studies the Board of Adjustments deems necessary and report findings at the public hearing. In addition, the Planning Commission may require an applicant to submit further information subsequent to the filing of an application if necessary to make a recommendation.

(1) Published notice. The Board of Adjustments shall publish in a newspaper of general circulation in the city and county a public notice at least seven days and not more than 21 days before the public hearing in accordance with KRS Chapter 424.

(2) Mailed notice. The Board of Adjustments shall send notice of the required public hearing by first class mail to owners of real property that are adjacent to the land that is subject to the conditional use permit application at least 14 days prior to the public hearing.

(3) Posted notice. The Board of Adjustments shall post a notice of the public hearing conspicuously on the property for 14 consecutive days immediately prior to the hearing and as set forth in KRS Chapter 100.

(D) Board of Adjustments action. Within 30 days of the receipt of a conditional use permit application, the Board of Adjustments shall hold at least one public hearing. The Board of Adjustments may approve, modify or deny any application. 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 of Adjustments’ minutes and on the conditional use permit, along with a reference to the specific section of the zoning ordinance listing the conditional use under consideration.

(E) Land use certification recordation. The Board of Adjustments secretary shall file a land use certificate in the County Court Clerk’s Office for all conditional use permits within 30 days of the date upon which the Board of Adjustments takes final action to adopt the conditional use permit. The land use certificate shall be completed and recorded in conformance with the KRS Chapter 100.

(F) Revocation of conditional use permits. The Board of Adjustments shall have the power, after notifying the permit holder and holding a public hearing, to revoke conditional use permits for non-compliance with the conditions therein or if the property owner violates any requirements of any local, state or federal regulations. Furthermore, the Board of Adjustments shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in person for such cost.

(G) Time limit. In any case where a conditional use permit has not been exercised within the time limit set by the Board of Adjustments, 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 out in this section, shall mean that binding contracts for the construction of the main building or other improvements 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 is 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 designated in the permit.

(H) Annual review. The Administrative Official shall review all conditional use permits, except those for which all conditions have been satisfied, at least once annually, to determine if the conditions in the permit are being met. The Administrative Official shall review any conditional use permit, except those for which all conditions have been satisfied, on the request of the Board of Adjustments to determine if the use of the conditions in the permit are being met and to determine if the land violates any laws or regulations.

(1) Inspection and report. The Administrative Official 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 the conditions that are listed on the conditional use permit. If the property owner is not complying with all of the conditions listed on the conditional use permit, the Administrative Official shall report the fact in writing to the chairperson of the Board of Adjustments. The report 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 property owner at the same time that it is furnished to the chairperson of the Board of Adjustments.

(2) Public hearing. The Board of Adjustments shall hold a hearing on the report within 30 days, and a notice of the time and place of the hearing shall be furnished to the property owner at least one week prior to the hearing. If the Board of Adjustments finds that the facts alleged in the report of the Administrative Official are true and that the property owner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Adjustments may authorize the Administrative 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.

(I) Conditional uses as permitted uses. Once the Board of Adjustments 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 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 in the margin of the copy of the conditional use permit which is on file. Thereafter said use, if it continues to meet the other requirements of this chapter, will be treated as a permitted use.

(Ord. 2024-004, passed 12-23-2024)

§ 156.132 VARIANCES.

The owner of the subject property or an agent of the owner, bearing a written power of attorney granting authority for this purpose, may apply for a variance.

(A) Permitted variances. The Board of Adjustments shall have the authority to hear and decide on applications for variances from the terms of this chapter as defined and permitted in KRS Chapter 100, but only in the following situations and provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. The Board of Adjustments shall deny any request for a variance arising from circumstances that are the result of a willful violation of the chapter by the applicant subsequent to the adoption of the chapter from which relief is sought.

(1) Where, by reasons of exceptional narrowness, shallowness or shape of a specific piece of property, which at the time of the adoption of this chapter, was a lot of record;

(2) Where, by reason of exceptional topographic conditions or other extraordinary or exceptional situation or condition of a piece of property, the strict application of dimensional requirements would cause practical difficulties to or exceptional and undue hardship upon the owner of such property. Financial disadvantage to the property owner is no proof of hardship within the purpose of this chapter; or

(3) Where it is shown that the land in question cannot be subdivided and that more open space is created, a lower density can be established, traffic problems are lessened and a better relationship between the land and buildings is created by not subdividing the land and where a multi-building development will retain the neighborhood character and not violate this chapter.

(B) Prohibited variances. The following variances shall be prohibited:

(1) Variances shall not be issued to allow the extension of a non-conforming use;

(2) Variances shall not be permitted to increase the density of a use above that permitted by the applicable zoning district;

(3) Variances shall not be permitted to allow a use prohibited by this chapter;

(4) Variances shall not be permitted which arise from circumstances that are the result of willful violations of the chapter; and

(5) Variances shall not be issued within any designated floodways.

(C) Application. An application for a variance must be filed with the Board of Adjustments. The application must be accompanied by the following information and documentation:

(1) Application signed by an owner or the owner’s agent;

(2) Boundary survey and site plan of the property to which the variance will apply, prepared by a licensed land surveyor and containing the following information:

(a) Names of owner(s) and applicant(s);

(b) Scale and north arrow;

(d) Lot dimensions, setbacks and coverage;

(e) Locating distance to nearest road or railroad centerlines or rights-of-way;

(f) Address of property or intersecting street on each side;

(g) Rights-of-way of road and pavement width;

(h) Adjacent property, showing property lines and names of adjacent property owner(s);

(i) Acreage of property;

(j) Vicinity map;

(k) Surveyor’s stamp and certification;

(l) Floodplain area(s) and FEMA certification;

(m) Exterior dimensions and use of all existing and proposed structures; and

(n) Any and all other information necessary for determining conformance with the chapter.

(3) Listing of adjoining property owners obtained from County Property Valuation Administrator’s records, including name(s), mailing addresses, PVA number and property street address;

(4) Certificate from the County Health Department approving the proposed water and sewerage facilities; and

(5) Non-refundable fee.

(D) Staff review and findings. Upon the filing of a variance application, the Board of Adjustments staff shall review the application, make whatever studies the Board of Adjustments deems necessary and report findings at the public hearing. In addition, the Board of Adjustments may require an applicant to submit further information subsequent to the filing of an application if necessary to make a recommendation.

(E) Public notice.

(2) Mailed notice. The Board of Adjustments shall send notice of the required public hearing by first class mail to owners of real property that are adjacent to the land that is subject to the variance application at least 14 days prior to the public hearing.

(F) Board of Adjustments’ findings and action.

(1) Within 30 days of the receipt of a variance application, the Board of Adjustments shall hold at least one public hearing. The Board of Adjustments may approve, modify or deny any application. The Board of Adjustments may grant a variance if it concludes that unnecessary hardship would result from the strict application of this chapter. The Board of Adjustments shall determine and express in writing, all of the following findings that:

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

(b) The strict application of the provisions of the chapter would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant;

(c) The circumstances are the result of the applicant taken subsequent to the adoption of the chapter from which relief is sought; and

(d) The requested variance will not adversely affect the public health, safety or welfare, will not alter the character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow unreasonable circumvention of the requirements of the chapter.

(2) In granting a variance, the Board of Adjustments may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of this chapter.

(G) Land use certification recordation. The Board of Adjustments secretary shall file a land use certificate in the County Court Clerk’s office for all conditional use permits within 30 days of the date upon which the Board of Adjustments takes final action to grant the variance. The land use certificate shall be completed and recorded in conformance with the KRS Chapter 100.

(Ord. 2024-004, passed 12-23-2024)

§ 156.133 ZONING PERMITS.

The zoning permit ensures that the contemplated use is in accord with those permitted in that district and that all dimensional and other requirements of this chapter are met. A zoning permit is not the same as a building permit although it may be obtained at the same time and from the same person. It shall be unlawful to commence construction or alteration of any structure until the Administrative Official has issued a zoning permit authorizing such work except as specified.

(A) Exceptions. No zoning permit shall be required in the following cases:

(1) Recurring maintenance work regardless of cost;

(2) Installation of required improvements according to an approved preliminary subdivision plat or planned-development plat;

(3) Local public utility distributing and collecting structures such as pipes and transmission lines, transformers, meters and the like. Large utility structures such as substations are permitted only as conditional uses;

(4) Public streets and all appurtenances necessary for traffic direction and safety;

(5) Private drives, private parking areas and the parking of vehicles incidental to the principal use on the same premises;

(6) Exempt signs as outlined in §§ 156.145 through 156.159;

(7) Horticulture and landscaping of any premises;

(8) Agriculture; or

(9) Handicap-accessible ramps which are preempted by state and federal laws.

(B) Fees. The Planning Commission may establish a schedule of reasonable fees to be charged for the issuance of zoning permits.

(1) Application. The applicant shall submit a plan along with the application 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 all structures, yard depths and any other information necessary for determining conformance with the chapter. The Administrative Official and/or the Board of Zoning Adjustments reserves the right to require additional information necessary to make said determination, including, but not limited to, survey drawn to scale, as-built survey, copies of deeds and/or plot plans. The Water and Sewer Commission’s certificate approving proposed water and sewage facilities must accompany applications for a zoning permit.

(2) Issuance. If the proposed construction or alteration conforms with all applicable provisions of the chapter and all other applicable ordinances, regulations and codes, the Administrative Official shall issue a zoning permit authorizing such construction or alteration. If the proposed construction or alteration fails to conform, the Administrative Official shall refuse to issue a zoning permit and shall deliver written notice to the applicant stating the reason for the refusal. The Administrative Official shall act upon applications for zoning permits within two weeks from the date of their submission. In instances where the proposed construction or alteration does not fully conform to all applicable provisions of the chapter and all other applicable ordinances, regulations and codes, the Administrative Official at the request of the applicant and at the Administrative Official’s sole discretion can issue a zoning permit authorizing partial construction, providing the Administrative Official follows guidelines previously approved by the Planning Commission for such action. In addition, the Planning Commission in order to promote and protect the health, safety, morals or general welfare of the city, may require issuance of a zoning permit for partial construction in some instances. In both of the above instances, it is the responsibility of the applicant to conform to all regulations in order for any zoning permit to remain valid.

(3) Duration. A zoning permit shall become void 12 months from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein. A zoning permit may be renewed without fee upon review by the Administrative Official before it becomes void. The renewal request shall be submitted in writing.

(4) Permanent file. The Administrative Official shall keep a permanent file of all applications with accompanying plans and all permits issued.

(D) Floodplains. The Administrative Official may approve a zoning permit but shall advise the applicant when the site on which the applicant wants to build is within the 100-year floodplain, as determined by the United States Army Corps of Engineers. All applicable floodplain regulations and requirements must be completed. All buildings or structures in a designated floodway or floodplain which tend to increase flood heights or obstruct the flow of flood waters shall be regulated by the Planning Commission, and therefore, require the review and approval of the County Planning Commission.

(Ord. 2024-004, passed 12-23-2024) Penalty, see § 156.999

§ 156.134 APPEALS.

Any person, or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal or decision of the Administrative Official may take appeals to the Board of Adjustments.

(A) Time limitation. Such appeal shall be made within 30 days of the grievance by filing a notice of appeal with the Board of Adjustments, specifying the grounds therefore and giving notice of such appeal to any and all parties of record.

(B) Administrative Official action. The Administrative Official shall transmit to the Board of Adjustments all papers constituting the record upon which the action appealed was taken and shall be treated as and be the respondent in such further proceedings.

(1) Published notice. The Board of Adjustments shall fix a reasonable time for hearing the appeal and give public notice in a newspaper of general circulation in the city and county at least seven days and not more than 21 days before the public hearing in accordance with KRS Chapter 424.

(2) Mailed notice. The Board of Adjustments shall send notice of the required public hearing by first class mail to the appellant and the Administrative Official at least one week prior to the hearing.

(D) Public hearing. The Board shall hold one public hearing within 60 days and shall fix a reasonable time for the hearing of an appeal. The affected party may appear at the hearing in person or by an attorney. At the public hearing on the appeal held by the Board of Adjustments, any interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard.

(E) Findings requirements. The Board of Adjustments review on appeal shall be limited to a determination of whether the decision being appealed was not based upon substantial evidence; and arbitrary and capricious. The Board of Adjustments shall affirm the decision that is being appealed unless one or both of the factors set forth above exists. The Board of Adjustments shall not substitute its judgment for the judgment of the Administrative Official.

(F) Limits of authority. The Board shall act only within the strict limits of its authority as defined in the chapter. The Board has no authority to vary the use regulations or other regulations not specifically delegated to it. The Board shall not hold hearings on applications or appeals seeking decisions that the Board is not authorized to make.