KRS § 100.233 Administration of oaths.
The chairman of a board of adjustments may administer oaths to witnesses before they testify on matters before the board.
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The chairman of a board of adjustments may administer oaths to witnesses before they testify on matters before the board.
The board can decide conditional use permit applications and may approve, modify, deny, attach conditions, and revoke permits for noncompliance.
Section 100.240 is repealed.
The board can hear and decide variance applications, and it can add reasonable conditions or restrictions when granting a variance.
The board must make certain findings before granting a variance, and must deny variances tied to willful zoning violations.
The board may not grant a variance that would allow a use not permitted by the zoning regulation in the zone, or change density requirements in that zone.
This section was repealed in 1942.
A variance applies to the land it was granted for, not to the applicant personally.
Existing lawful nonconforming uses may continue, but the board of adjustment generally may not let them expand or switch to another nonconforming use unless the new use is same or more restrictive, with a narrow exception for certain major public attractions.
The board of adjustment may hear and decide zoning-enforcement error cases, and an appeal must be taken within 30 days.
This section was repealed in 1942.
A person or entity aggrieved by a zoning enforcement officer’s action may appeal to the board, but must file notice within 30 days and notify other record parties.
The board must set a reasonable hearing time, give public and written notice, and decide the appeal within 60 days. The affected party may attend in person or through an attorney.
If a builder starts or continues construction without a building permit, a restraining order may be sought from the proper court of record.
This section was repealed in 1942.
A city or county must designate an administrative official to administer zoning regulation, and the official may also be designated to issue building permits or certificates of occupancy. The official may not approve construction or land-use changes that do not match the regulation’s literal terms.
Planning commissions and certain counties may adopt land subdivision regulations, with extra steps for urban-county governments.
Subdivision and development rules must use objective standards and be applied ministerially, unless subsection (2) allows discretion.
Subdivision land needs planning commission approval, and plats cannot be recorded or used to sell lots before the required approvals are in place.
This section was repealed in 1942.
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