(B)   All members of the Board shall, before entering upon their duties, qualify by taking the oath of office prescribed by § 228 of the Kentucky Constitution before a judge, county judge-executive, notary public, clerk of a court, or justice of the peace of the county.

   (C)   Reimbursement for expenses or compensation or both may be authorized for members of the Board.

   (D)   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. The member so removed shall have the right of appeal to the County Circuit Court.

   (E)   The Board shall annually elect a Chairperson, Vice-Chairperson, and a Secretary, and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of his or her term.

(Prior Code, § 152.270) (Ord. 920.27, passed 10-7-1993)

   (B)   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 himself or herself from voting on the question.

   (C)   The Board shall adopt by-laws 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, 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.

(Prior Code, § 152.271) (Ord. 920.27, passed 10-7-1993)

   (B)   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 state, including the United States government, for the purpose of carrying out its duties.

   (C)   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 the subpoenas. The Circuit Court may, upon application by the Board, compel obedience to the court or subpoena by proceedings of contempt.

   (D)   The Chairperson of the Board, or in his or her absence, the Acting Chairperson, shall have the power to administer an oath to witnesses prior to their testifying before the Board on any issue.

(Prior Code, § 152.272) (Ord. 920.27, passed 10-7-1993)

   (A)   The Board may approve, modify, or deny any application for a conditional use permit. Before granting any permits, the Board is required to consider the comments of all adjoining property owners. If it approves a 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 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 chapter 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 person for any cost.

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

   (C)   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 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 improvement 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.

   (D)   The Administrative/Enforcement 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 which are listed on the conditional use permit, the Administrative/Enforcement Officer shall state 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 Chairperson of the Board. If the Board finds that the facts alleged in the report of the Administrative/Enforcement 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/Enforcement Officer 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.

   (E)   Once the Board has approved a conditional use permit and all the conditions required are of a type that they can be completely and permanently satisfied, the Administrative/Enforcement 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 KRS 100.237. Thereafter the use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

(Prior Code, § 152.273) (Ord. 920.27, passed 10-7-1993)

   (B)   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 this chapter 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)   The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter;

      (4)   Reasons that the variance will preserve, not harm, the public safety and welfare, and will not alter the essential character of the neighborhood; and

      (5)   Consideration of all adjoining property owner’s comments regarding the variance request.

   (C)   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 chapter in the district in question, or to alter density requirements in the district in question.

   (D)   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.

(Prior Code, § 152.274) (Ord. 920.27, passed 10-7-1993)

(Prior Code, § 152.275) (Ord. 920.27, passed 10-7-1993)

   (A)   The lawful use of a building or premises existing at the time of the adoption of this chapter, the provisions of which may affect it, may be continued, even though the use does not conform to the provisions of the regulation, except as otherwise provided herein. Details are set forth in §§ 152.015 through 152.019.

   (B)   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 this chapter, which makes its use nonconforming, was adopted. Nor shall the Board permit a change from one nonconforming use to any other nonconforming use.

(Prior Code, § 152.276) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999

   (B)   A request for review shall be taken within 30 days after the applicant or his or her agent receives notice of the action alleged to be in error.

(Prior Code, § 152.277) (Ord. 920.27, passed 10-7-1993)

      (2)   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 any further proceedings. At any hearing by the Board, any interested person may appear and enter his or her appearance and all shall be given opportunity to be heard.

   (B)   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 Administrative/ Enforcement 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.

   (C)   Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission or Board of Adjustments may appeal from the action to the Circuit Court of the county in which the land lies.

   (D)   (1)   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.

      (2)   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.

(Prior Code, § 152.278) (Ord. 920.27, passed 10-7-1993)