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Wilmore City Zoning Code

ARTICLE V

ADMINISTRATION

5.4 PENALTIES FOR VIOLATION

Any person or entity who violates any of the provisions of KRS 100.201 to 100.347 and 100.991 (2) or any of these regulations for which no other penalty is provided, shall upon conviction be fined not less than ten (10) but no more than five hundred (500) dollars for each conviction. Each day of violation shall constitute a separate offense.

Effective on: 1/1/1901

5.11 APPOINTMENT

An Administrative Official shall be designated by the Fiscal Court or other legislative bodies to administer and enforce this regulation and such other housing and building regulations as may be adopted by said body. He may be provided with the assistance of such other persons as the authoritative may direct.

Effective on: 1/1/1901

5.12 POWERS AND DUTIES

  • The Administrative Official shall issue building permits and certificates of zoning compliance in accordance with the terms of this regulation, 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 regulation.
  • If the Administrative Official shall find that any of the provisions of this regulation are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrative Official shall order discontinuance of illegal work being done, or shall take any other action authorized by this regulation to ensure compliance with or to prevent violation of its provisions.

    • Effective on: 1/1/1901

    5.13 CERTIFICATES OF ZONING COMPLIANCE FOR NEW, ALTERED OR NON-CONFORMING USES AND/OR STRUCTURES

    It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a certificate of zoning compliance shall have been issued therefore by the Administrative Official stating that proposed use of the building or land conforms to the requirements of these regulations.

    No utility service (electric, water, gas, or other) may be connected to any building or structure within the confines of the City of Wilmore until the utility agency has been shown, or has received in writing, confirmation as to the existence of valid zoning approval of the premises to be served.

    Non-conforming structures or uses to be continued, renewed, changed, or extended, shall require a certificate of zoning compliance issued by the Administrative Official. Upon enactment or amendment of these regulations, owners or occupants of non-conforming uses or structures shall have three (3) months to apply for such certificates of zoning compliance. The certificate of zoning compliance shall state specifically wherein the non-conforming use differs from the provisions of these regulations.

    A temporary certificate of zoning compliance may be issued by the Administrative Official for a period not exceeding six (6) months during alterations or partial occupancy of the building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

    The Administrative Official shall maintain a record of all certificates of zoning compliance required by the terms of this regulation shall be a violation of such regulation and punishable under Section 5.4 of these regulations.

    Effective on: 1/1/1901

    5.14 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES OF ZONING COMPLIANCE

    Certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be deemed violation of this regulation and punishable as provided by Section 5.4 hereof.

    Effective on: 1/1/1901

    5.21 CREATION AND PROCEDURE

    A Joint Jessamine County-City of Wilmore Board of Adjustment is hereby established, which shall consist of seven (7) members. The County Judge/Executive shall appoint and the Fiscal Court approve four (4) members, and the Mayor shall appoint and the Council shall approve three (3) members. All members shall be citizen members appointed for a period of four (4) years, and members of the Board of Adjustment may be removed from office by their particular appointing authority in accordance with state law. Vacancies shall be filled for the unexpired term of the member affected. To be eligible for appointments to the Board of Adjustment, a citizen must be:

    1. Age 25 or older
    2. A high school graduate
    3. A property owner
    4. A resident of Jessamine County for five (5) years or more.

    5.31 PROCEDURE

  • Any person or entity claiming to be injured or aggrieved by 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. Such appeal shall be taken within thirty (30) days after the final action of the Commission or Board. Final action shall not include Commission's recommendations made to other governmental bodies.
  • All appeals shall be taken in the Circuit Court within thirty (30) days after the action or decision of the Planning Commission or Board of Adjustment and all decisions which have not been appealed within thirty (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 proper parties and shall cause it to be delivered for service as in any other lawsuit.
  • It is the intent of these orders that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Administrative Official, and that recourse from the decision of the Board of Adjustment shall be to the courts as provided by law.

    • Effective on: 1/1/1901

    5.211 MEETING OF BOARD; MINUTES; BY LAWS
  • The Board of Adjustment shall conduct meetings at the call of the chairperson, who shall give written or oral notice to all members of the Board at least seven (7) 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 of the Board of Adjustment as established by regulation or agreement shall constitute a quorum. Any member of the Board of Adjustment 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 themselves from voting on the question.
  • The Board of Adjustment may 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 at the office of the Board. If the Board has no office, such records may be kept in the custody of an officer of the Board and shall be available to the general public. A transcript provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

    • Effective on: 1/1/1901

    5.212 PROCEDURE FOR ALL APPEALS TO BOARD
    Appeals to the Board may be taken by any person, 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 thirty (30) days after the appellant or their 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 their appearance, and shall be given an opportunity to be heard.

    Effective on: 1/1/1901

    5.213 PUBLIC NOTICE OF APPEAL HEARING
    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 Official at least one (1) week prior to the hearing, and shall decide it within sixty (60) days. The affected party may appear at the hearing in person or by attorney.

    Effective on: 1/1/1901

    5.214 STAY OF PROCEDURE
    An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of facts stated in the centerline, a stay would, in the Administrative Official's opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, and on notice to the Administrative Official from whom the appeal is taken and on due causes shown.

    Effective on: 1/1/1901

    5.221 ADMINISTRATIVE REVIEW
    The Board of Adjustment 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 regulations, under the procedure set forth in Sections 5.22-5.24. In exercising this power, the Board of Adjustment may, so long as such action is in conformity with the terms of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from; and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the Administrative Official from whom the appeal is taken.

    Effective on: 1/1/1901

    5.222 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 regulations as permission only in specific locations in the zone or only if certain conditions are met.

    1. The Board may approve, or deny any application for a conditional use permit. If it approves such permits 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 regulation listing the conditional use under consideration. The Board shall have power to revoke conditional use permits, or variances for non-compliance 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 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 not been exercised within the time limit set by the Board, or within one (1) year, if no specific time limit has been set, such conditional use permit shall expire. Exercised, as set forth 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 contract that the main building or other improvements have been let; or in the absence of contract that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions to a 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 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 that 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 Official shall report the fact in writing to the chairperson of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions of 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 of Adjustment. 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 (1) week prior to the hearing. If the Board of Adjustment finds that the fact alleged in the report of the administrative 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 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.
    5. Once the Board of Adjustment 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 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 100.344. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

    Effective on: 1/1/1901

    5.223 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 regulation 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 or yards, but not population density) of the zoning regulation 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.
  • 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 and 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 do not exist on other land in the same zone.
    2. The manner in which the strict application of the provisions of the regulation 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 regulation.
    4. Reasons that the variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood.
  • LOT OF RECORD: Where the owner of a lot of official record, which lot at the time of the adoption of this regulation does not include sufficient land to conform to the yard or other requirements of this regulation, an application may be submitted to the Board of Adjustment for a variance from the terms of this regulation. Such lot may be used as a building site, provided, however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the Board of Adjustment.
  • VARIANCE CANNOT CONTRADICT ZONING REGULATION: 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 Regulation in the zone in question, or to alter density requirements in the zone in question.

    • Effective on: 1/1/1901

    5.224 Action on Applications
    In the event that an applicant requests a postponement, the written request for a one- or two-month postponement must be received by the Administrative Officer at least seven (7) days prior to the scheduled hearing date. The Administrative Officer shall be vested with the authority to grant postponement requests within this time.

    Requests for postponement without the required seven (7) day notice shall result in a three-month postponement from the date of the originally scheduled hearing unless two-thirds of the Joint Board of Adjustment vote to waive this penalty.

    Applications granted postponement shall provide any updated materials by the deadline that is set for the hearing at which the application is rescheduled. Failure to meet the deadline shall result in the applications being removed from the docket with the application being placed on the agenda for the next regularly scheduled hearing for which the deadline is met.

    1. a.
      Applicants granted postponement shall be responsible for bearing the cost associated with re- advertising the case and the cost of certified mailings for re-notification of adjoining property owners. This requirement shall not be waived.
    2. b.
      Each application may be postponed only one time at the request of the applicant and shall be heard at the next scheduled hearing or withdrawn. Applications approved for postponement within six (6) days or less of the scheduled shall incur a $300.00 administrative fee in addition to the costs related to public notice.

    Effective on: 1/1/1901