Covington, Kentucky Zoning Ordinance - The City of Covington

Article 12 Review ProceduresSection 12.08 Zoning Variances12.08.02 Public Hearing NoticeA. publishedPublished public hearing notices must be in accordance with Sec.12.02.05.B. Mailed1. Written notice must be given at least 7 days in advance of allrequired public hearings to:(a) the applicant, and(b) administrative official.12.08.03 Board of Adjustment Action; Decision-MakingCriteriaA. The Board of Adjustment must hold at least one public hearing on allapplications for variances.B. In acting on applications for variances, the Board of Adjustment isauthorized to approve or deny the application. If the Board ofAdjustment approves the application, it may impose any reasonableconditions or restrictions on any variance it decides to grant.Violation of such conditions or restrictions, when made a part of theterms under which the variance is granted, will be deemed a violationof this zoning ordinance.C. Before any variance is granted, the Board of Adjustment must findthat the granting of the variance will not adversely affect the publichealth, safety, or welfare, will not alter the essential character of thegeneral vicinity, will not cause a hazard or a nuisance to the public,and will not allow an unreasonable circumvention of the requirementsof the zoning regulations. In making these findings, the Board ofAdjustment must consider whether:1. the requested variance arises from special circumstances that donot generally apply to land in the general vicinity, or in the samezone;2. the strict application of the provisions of the regulation woulddeprive the applicant of the reasonable use of the land or wouldcreate an unnecessary hardship on the applicant; and3. the circumstances are the result of actions of the applicant takensubsequent to the adoption of the zoning regulation from whichrelief is sought.D. The Board of Adjustment must deny any request for a variance arisingfrom circumstances that are the result of willful violations of thiszoning ordinance by the applicant subsequent to the adoption of thiszoning ordinance from which relief is sought.12.08.04 Use and Density Variances ProhibitedThe Board of Adjustment is not authorized to grant a variance to permit a use of anyland, building, or structure which is not permitted by this zoning ordinance in theCovington, KentuckyZoning Ordinance Draft: 6/22/05Page 12-22