This Board of Adjustment serves as a “safety valve” to the City zoning regulations through the granting of conditional use permits and variances and by hearing cases relating to nonconforming uses. The Board is also empowered to review the decisions of administrative officials in the enforcement of zoning regulations.
- Conditional Use – The Board is required to hold a public hearing on all applications for a conditional use permit. Conditional uses may be permitted upon review and approval of the Board in a specific locations in a zone if certain conditions are met. Also the Board may approve, modify, or deny any application for a conditional use permit, or revoke a conditional use permit for noncompliance with attached conditions. The conditional use permit may be subject to revocation by the Board if not “exercised” within the time limit set when approved, or within one year if not specific time limit has been set.
- Variances – KRS defines a “variance” as a departure from dimensional terms of the zoning regulation pertaining to the height, width, length, or location of structures, and the size of yards and open spaces. A variance 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. The Board has the power to hear and decide applications for variances and may impose reasonable conditions or restrictions on any variance it decides to grant.
- Nonconforming Uses – The Board reviews nonconforming uses and structures, which are activities or buildings, signs, structures, or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulations, but which do not conform to all of the regulations pertaining to the zone in which they are locates.
To learn more please visit the Planning and Development Services of Kenton County website.