{"data":{"id":"us-ky/krs-100.217","jurisdiction":"us-ky","citation":"KRS 100.217","heading":"Board of adjustment -- Membership -- Appointment -- Terms -- Vacancies","body":"-- Oath -- Compensation -- Removal -- Officers -- Effect of compact --\nMembership upon establishment of consolidated local government.\n(1) (a) Before any zoning regulation may have legal effect within the planning unit, a\nboard or boards of adjustment shall be appointed for the planning unit as\nstated in the agreement under which the unit operates. The agreement may\nprovide for a joint board of adjustment. The agreement may p rovide for\nadditional boards of adjustment with jurisdiction of a particular city or area\nwithin the planning unit. Provided, that the jurisdiction of the boards of\nadjustment so established shall be clearly defined as to territorial limits, that\nall territory within the planning unit is within the jurisdiction of some board of\nadjustment so established and, that no territory is subject to the jurisdiction of\nmore than one (1) board of adjustment, except as provided in KRS\n100.203(5).\n(b) Except as provided by paragraph (c) of this subsection, in a county containing\na consolidated local government where a planning agreement is not required,\nthere shall be one (1) board of adjustment which shall be established by\nordinance of the consolidated local government . Until such time as the\nconsolidated local government establishes and appoints a board of adjustment\npursuant to this subsection, the existing board of adjustment for the county\nshall serve as the board of adjustment for the entire planning unit.\n(c) A ci ty with a population equal to or greater than twenty thousand (20,000)\nbased upon the most recent federal decennial census within a county\ncontaining a consolidated local government where a planning agreement is not\nrequired may establish, by ordinance, a board of zoning adjustment under the\nprovisions of this section. If such a city creates a board of zoning adjustment,\nthen that board of zoning adjustment shall have exclusive jurisdiction within\nthat city's territorial boundaries.\n(2) (a) A board of adjus tment shall consist of either three (3), five (5), or seven (7)\nmembers, all of whom must be citizen members, and not more than two (2) of\nwhom may be citizen members of the planning commission.\n(b) A joint board of adjustment shall consist of no fewer th an three (3) members,\nall of whom must be citizen members, and no more than two (2) of whom may\nbe citizen members of the planning commission. Each appointing authority\nwhose jurisdiction is represented by the joint board shall be entitled to appoint\none (1) member to represent that jurisdiction.\n(3) The mayor shall be the appointing authority for cities, and the county\njudge/executive shall be the appointing authority for counties, subject to the\napproval of their respective legislative bodies. The mayor s hall be the appointing\nauthority for a consolidated local government pursuant to the provisions of KRS\n67C.139.\n(4) The term of office for the board of adjustment shall be four (4) years, but the term\nof office of members first appointed shall be staggered  so that a proportionate\nnumber serve one (1), two (2), three (3), and four (4) years respectively.\n(5) Vacancies on the board of adjustment shall be filled within sixty (60) days by the\nappropriate appointing authority. If the authority fails to act withi n that time, the\nplanning commission shall fill the vacancy. When a vacancy occurs other than\nthrough expiration of the term of office, it shall be filled for the remainder of that\nterm.\n(6) All members of boards of adjustment shall, before entering upon t heir duties,\nqualify by taking the oath of office prescribed by Section 228 of the Constitution of\nthe Commonwealth of Kentucky before any judge, county judge/executive, notary\npublic, clerk of a court, or justice of the peace within the district or county  in which\nhe resides.\n(7) Reimbursement for expenses or compensation or both may be authorized for\nmembers on a board of adjustment.\n(8) Any member of a board of adjustment may be removed by the appropriate\nappointing authority for inefficiency, neglect of  duty, malfeasance, or conflict of\ninterest. Any appointing authority who exercises the power to remove a member of\nthe board of adjustment shall submit a written statement to the commission setting\nforth the reasons for removal, and the statement shall be  read at the next meeting of\nthe board of adjustment, which shall be open to the general public. The member so\nremoved shall have the right of appeal from the removal to the Circuit Court of the\ncounty in which he resides.\n(9) Notwithstanding subsection (4 ) of this section, when a city of the first class and a\ncounty containing such city have in effect a compact pursuant to KRS 79.310 to\n79.330, the terms of the members on the board shall be for three (3) years and until\ntheir successors are appointed and qualified. Upon the effective date of the compact,\nif the board is not reorganized pursuant to subsection (1) of this section, the mayor,\nand county judge/executive with approval of the fiscal court, shall adjust the terms\nof the sitting members to provide that the terms of one -third (1/3) plus one (1) of\nthe members expire in one (1) year, the terms of one -third (1/3) of the members in\ntwo (2) years, and the terms of one -third (1/3) of the members expire in three (3)\nyears. Upon expiration of these staggered terms, successors shall be appointed for a\nterm of three (3) years. Notwithstanding subsection (4) of this section, upon the\nestablishment of a consolidated local government in a county where a city of the\nfirst class and a county containing such city ha ve had in effect a cooperative\ncompact pursuant to KRS 79.310 to 79.330, the terms of the members on the board\nshall be for three (3) years and until their successors are appointed and qualified.\nUpon expiration of the terms of incumbent members, their suc cessors shall be\nappointed to three (3) year terms which are staggered.\n(10) Each board of adjustment annually shall elect a chairman, vice chairman, and\nsecretary and any other officers it deems necessary, and any officer shall be eligible\nfor reelection at the expiration of his term.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47963","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:04Z","sha256":"3f46abf26f743c0d254b811a0a248701cd17abbbc61bb73e91cccf96fef82026","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.216","next":"us-ky/krs-100.220"},"notice":"GroundRules: Original legal text. Not legal advice."}