The board of adjustment shall have the power to hear and decide cases where it is alleged
by an applicant that there is error in any order, requirement, decision, grant, or refusal
made by an administrative official in the enforcement of the zoning regulation. Such
appeal shall be taken within thirty (30) days.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 141, sec. 29, effective July 15, 1986. -- Created
1966 Ky. Acts ch. 172, sec. 57.
Notes of Decisions
Harrison Silvergrove Prop., LLC v. Campbell Cnty. & Mun. Bd. of Adjustment, 492 S.W.3d 908 (Ky. Ct. App. 2016).
· cites it 2× “C&B contends the Board, in its deliberations and decision, effectively converted this hearing from one for a conditional use permit into a statutory administrative appeal under KRS 100.257. That statute reads: The board of adjustment shall have the power to hear and decide cases…”
Burns v. Peavler, 721 S.W.2d 715 (Ky. Ct. App. 1986).
· cites it 4× “KRS 100.257. An appealing party was given thirty (30) days from the date of notice of the determination of the enforcement officer in which to file an appeal with the board of adjustment.”
Duffy v. City of Stanton, Kentucky, 423 F. Supp. 2d 683 (E.D. Ky. 2006).
· cites it 4× “Instead, Plaintiff should have appealed to the Board of Adjustments (“the Board”) per KRS § 100.257, which provides: The board of adjustment shall have the power to hear and decide cases where it is alleged by an applicant that there is error in any order, requirement, decision,…”
Bellefonte Land, Inc. v. Bellefonte, 864 S.W.2d 315 (Ky. Ct. App. 1993).
“253) and hear administrative appeals (KRS 100.257). Review of the board of adjustment’s actions are through the circuit court (KRS 100.”
Allen v. Woodford Cnty. Bd. of Adjustments, 228 S.W.3d 573 (Ky. Ct. App. 2007).
“KRS 100.257 and KRS 100.261. “Only after the [Board has] rendered [a] decision would the act be deemed sufficiently final to qualify for judicial review.”
Spainhoward v. Henderson, Henderson Cnty. Bd. of Zoning Adjustment, 7 S.W.3d 396 (Ky. Ct. App. 1999).
“A nearby property owner then appealed, pursuant to KRS 100.257, to the Board. The Board conducted a hearing and voted to reverse the codes administrator because it determined that a recycling center is not a permitted use in a general business district.”
Transitions, Inc. v. Bd. of Zoning Adjustment, 729 S.W.2d 459 (Ky. Ct. App. 1987).
“” The appellees, affected property owners and residents, pursuant to KRS 100.257, filed protests with the appellee Board of Zoning Adjustment, asserting that the use of the properly, as approved, is a prohibited one within the light industrial zone.”
Newcomb v. Gross (E.D. Ky. 2023).
“§ 100.257. The plaintiffs contend that they did not request a hearing because there no board of adjustments existed at that time.”
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