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Board of Adjustment
I.
A Board of Adjustment (hereinafter known as "the Board") shall be appointed and
organized in conformance with the KRS 100.217.
II. The Board shall have the
following powers and duties:
A.
Bylaws. To adopt bylaws for its own government.
B.
Conditional Uses. To hear and decide applications for
conditional use permits that allow uses which are specifically named in the
zoning provisions, and which may be suitable only in specific locations in the
zone if certain conditions are met.
C.
Administrative Review. To hear and decide appeals
where it is alleged by the applicant that there is an error in any order,
requirement, permit, decision, grant, determination or refusal made by the
enforcement officer or other administrative office in the carrying out of this
chapter, and for interpretation of the zoning map. The Board of Adjustment
has authority to said appeals, and to make literal interpretations of the
pertinent provisions in order to correct any possible misinterpretation, and to
make only those departures from a literal conformance of the zoning regulations,
which are specifically delegated to it.
D. Procedures
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, order requirement, interpretation, grant, refusal, or decision
of any zoning administrative or enforcement officer. Such appeal shall be
taken within thirty (30) days after the appellant or his agent receives notice
of the action of the official 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 parties of records. Said officer shall forthwith
transmit to the board all papers constituting the record upon which the action
appealed form was taken and shall be treated as and be the respondent in such
further proceedings. At the public hearing on the appeal held by the
board, any interested person may appear and enter his appearance, and all shall
be give an opportunity to be heard.
E.
Public Notice of Appeal Hearing. 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 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.
F.
Variance. To hear and decide on applications for
dimensional variance where, by reason of the exceptional narrowness, shallowness
or unusual shape of the site, or by reason of exceptional topographic
conditions, or some other extraordinary situation or condition of that site, the
literal enforcement of the dimensional requirements of the zoning provisions
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 it decides to
grant. The board shall deny any request for a variance arising from
circumstances that are the result of willful violations of the zoning regulation
by the applicant subsequent to the adoption of the zoning regulation form which
relief is sought.
G.
Findings Necessary for Granting Variances. 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 of nuisance
to the public, and will not allow an unreasonable circumvent of the requirements
of the zoning regulation. In making these finding, the board shall
consider whether:
1. 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; and
3. The
circumstances are not the result of actions of the applicant subsequent to the
adoption of the zoning regulation from which relief is sought.
H.
Nonconforming Use Change. To permit a change from one
nonconforming use to another, providing the new nonconforming use is in the same
or a more restrictive zoning classification in accordance with these zoning
regulations.
I.
Limits of Authority. The Board of Adjustment 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 provisions for the zone in
question; or to alter density requirements in the zone in question. The
Board does not possess the authority to permit a use not authorized by these
zoning regulations.
J.
Application of Variance. A dimensional
variance applies to the property for which it is granted, and not the applicant.
A variance also runs with the land, and is transferable to any landowner of the
land, but the applicant cannot transfer it to a different site.
K.
Additional Authority. In granting a variance, the
Board 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 these zoning regulations.
L.
Report. A written report on each variance
that is granted or denied by the Board shall be submitted to the McCracken
County Fiscal Court with a copy retained in the files of the Planning Office.
M. Member.
The McCracken County Board of Adjustment shall consist of three (3) members.
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