KRS 100.217: Board of adjustment -- Membership -- Appointment -- Terms -- Vacancies

-- Oath -- Compensation -- Removal -- Officers -- Effect of compact --

Membership upon establishment of consolidated local government.

(1) (a) Before any zoning regulation may have legal effect within the planning unit, a

board or boards of adjustment shall be appointed for the planning unit as

stated in the agreement under which the unit operates. The agreement may

provide for a joint board of adjustment. The agreement may p rovide for

additional boards of adjustment with jurisdiction of a particular city or area

within the planning unit. Provided, that the jurisdiction of the boards of

adjustment so established shall be clearly defined as to territorial limits, that

all territory within the planning unit is within the jurisdiction of some board of

adjustment so established and, that no territory is subject to the jurisdiction of

more than one (1) board of adjustment, except as provided in KRS

100.203(5).

(b) Except as provided by paragraph (c) of this subsection, in a county containing

a consolidated local government where a planning agreement is not required,

there shall be one (1) board of adjustment which shall be established by

ordinance of the consolidated local government . Until such time as the

consolidated local government establishes and appoints a board of adjustment

pursuant to this subsection, the existing board of adjustment for the county

shall serve as the board of adjustment for the entire planning unit.

(c) A ci ty with a population equal to or greater than twenty thousand (20,000)

based upon the most recent federal decennial census within a county

containing a consolidated local government where a planning agreement is not

required may establish, by ordinance, a board of zoning adjustment under the

provisions of this section. If such a city creates a board of zoning adjustment,

then that board of zoning adjustment shall have exclusive jurisdiction within

that city's territorial boundaries.

(2) (a) A board of adjus tment shall consist of either three (3), five (5), or seven (7)

members, all of whom must be citizen members, and not more than two (2) of

whom may be citizen members of the planning commission.

(b) A joint board of adjustment shall consist of no fewer th an three (3) members,

all of whom must be citizen members, and no more than two (2) of whom may

be citizen members of the planning commission. Each appointing authority

whose jurisdiction is represented by the joint board shall be entitled to appoint

one (1) member to represent that jurisdiction.

(3) The mayor shall be the appointing authority for cities, and the county

judge/executive shall be the appointing authority for counties, subject to the

approval of their respective legislative bodies. The mayor s hall be the appointing

authority for a consolidated local government pursuant to the provisions of KRS

67C.139.

(4) The term of office for the board of adjustment shall be four (4) years, but the term

of office of members first appointed shall be staggered so that a proportionate

number serve one (1), two (2), three (3), and four (4) years respectively.

(5) Vacancies on the board of adjustment shall be filled within sixty (60) days by the

appropriate appointing authority. If the authority fails to act withi n that time, the

planning commission shall fill the vacancy. When a vacancy occurs other than

through expiration of the term of office, it shall be filled for the remainder of that

term.

(6) All members of boards of adjustment shall, before entering upon t heir duties,

qualify by taking the oath of office prescribed by Section 228 of the Constitution of

the Commonwealth of Kentucky before any judge, county judge/executive, notary

public, clerk of a court, or justice of the peace within the district or county in which

he resides.

(7) Reimbursement for expenses or compensation or both may be authorized for

members on a board of adjustment.

(8) Any member of a board of adjustment may be removed by the appropriate

appointing authority for inefficiency, neglect of duty, malfeasance, or conflict of

interest. Any appointing authority who exercises the power to remove a member of

the board of adjustment shall submit a written statement to the commission setting

forth the reasons for removal, and the statement shall be read at the next meeting of

the board of adjustment, which shall be open to the general public. The member so

removed shall have the right of appeal from the removal to the Circuit Court of the

county in which he resides.

(9) Notwithstanding subsection (4 ) of this section, when a city of the first class and a

county containing such city have in effect a compact pursuant to KRS 79.310 to

79.330, the terms of the members on the board shall be for three (3) years and until

their successors are appointed and qualified. Upon the effective date of the compact,

if the board is not reorganized pursuant to subsection (1) of this section, the mayor,

and county judge/executive with approval of the fiscal court, shall adjust the terms

of the sitting members to provide that the terms of one -third (1/3) plus one (1) of

the members expire in one (1) year, the terms of one -third (1/3) of the members in

two (2) years, and the terms of one -third (1/3) of the members expire in three (3)

years. Upon expiration of these staggered terms, successors shall be appointed for a

term of three (3) years. Notwithstanding subsection (4) of this section, upon the

establishment of a consolidated local government in a county where a city of the

first class and a county containing such city ha ve had in effect a cooperative

compact pursuant to KRS 79.310 to 79.330, the terms of the members on the board

shall be for three (3) years and until their successors are appointed and qualified.

Upon expiration of the terms of incumbent members, their suc cessors shall be

appointed to three (3) year terms which are staggered.

(10) Each board of adjustment annually shall elect a chairman, vice chairman, and

secretary and any other officers it deems necessary, and any officer shall be eligible

for reelection at the expiration of his term.