Planning & Development

Contact: 
Director
Jim Urban
Phone
(502) 222-1476
Fax
(502) 222-3213
Director
Hours: 

Open Monday - Friday 8:00am - 4:30pm

Location: 
100 W Jefferson St
La Grange, KY 40031
United States

Board of Adjustments & Appeals

The Board of Adjustments meets on the 2nd floor of the Fiscal Court Building - Fiscal Court Room.

What is the Board of Adjustment and Appeals?

The Board of Adjustment and Appeals serves as the voice of the local government in making decisions concerning certain development issues. The Board was established as part of the community’s zoning regulations, and consists of five citizen members appointed by the Oldham County Fiscal Court. The current members of the Board are Larry Otterback (Chairman), Rob Houchens, David Pate, Mike Riley and Ron Fonk. The geographic jurisdiction of this Board includes all areas of Oldham County with the exception of the cities of LaGrange and Pewee Valley.

 

What applications come before the Board?

The Board hears and decides three types of applications:

 

1. Variances – Any request involving development or construction on a site that cannot meet the requirements as stated in the zoning ordinance must receive a variance from the Board before development can begin. Typically, this involves an application to allow a building to be constructed closer to a property line than normally is allowed under the regulations without a variance.

 

2. Conditional Uses – The zoning ordinance specifically lists certain uses that may be allowed in certain zoning districts but only with proper review and approval by the Board. The Board has the power to place any conditions on the approval it feels are necessary in order to make the application compatible with the neighborhood. Individual mobile homes and home occupations are typical uses allowed only with conditional use approval by the Board.

 

3. Appeals – Any person who feels aggrieved or injured by a decision or action taken by the Zoning Administrator may appeal the decision or action to the Board of Adjustments and Appeals. The appeal must be taken within 30 days following the Administrator’s decision or action.

 

How will the Public Hearing be conducted?

 

 

VARIANCE AND CONDITIONAL USE

  1. Introduction and Call to Order
  2. Swear in staff.
  3. Introduction of the application by Board Secretary
  4. Staff Report and questions by the Board to Staff
  5. a. Presentation by the Applicant or Legal Representative – 20 minutes*

b. Questioning of the Applicant by the Board

  1. a. Testimony from anyone speaking in favor of the Applicant – 10 minutes*

b. Questions by the Board to those speaking in favor

  1. a. Testimony from anyone opposing the Applicant – 10 minutes*

b. Questions by the Board to those opposing

  1. a. Rebuttal by the Applicant – 5 minutes

b. Questioning of the Applicant by the Board

  1. a.  Rebuttal by the Opposition – 5 minutes

b. Questioning of the Opposition by the Board

  1. Final statement of the Opposition – 5 minutes  No new testimony
  2. Final statement of the Applicant – 5 minutes  No new testimony
  3. Final questioning by the Board of any party
  4. Board Discussion and Motion

1.      Statement of Conditions in the motion to approve

2.      Applicant’s Verbal Acceptance entered into Record

  1. FINAL DECISION

 * An extension of the time limits may be requested and approved by a motion from the Board.

 

APPEALS

  1. Introduction and Call to Order
  2. Swear in staff.
  3. Introduction of the application by Board Secretary
  4. Staff Report and questions by the Board to Staff
  5. a. Presentation by the Appellant – 20 minutes*

b. Questioning of the Appellant by the Board

  1. a. Testimony from those speaking in favor of the Appellant – 10 minutes*

b. Questioning of those speaking in favor of the Appellant by the Board

  1. a. Presentation by the Respondent – 20 minutes*

b. Questioning of the Respondent by the Board

  1. a. Testimony from those speaking in favor of the Respondent – 10 minutes*

b. Questioning of those speaking in favor of the Respondent by the Board

  1. Rebuttal by the Appellant – 5 minutes
  2. Rebuttal by the Respondent – 5 minutes
  3.  Final statement of the Respondent – 5 minutes   No new testimony
  4. Final statement of the Appellant – 5 minutes   No new testimony
  5. Final questioning by the Board of any party
  6. Board Discussion and Motion
  7. FINAL DECISION

 * An extension of the time limits may be requested and approved by a motion from the Board.

 

 

 

 

Please note that there are appropriate times to ask questions and give testimony.

Legal counsel may be present to represent the applicant and the opposition. Normally, the Board will make its decision or recommendation immediately following the public hearing.

 

What if I do not like the decision made by the Board?

Anyone who feels aggrieved or injured by the decision made by the Board may appeal the decision directly to the Oldham County Circuit Court. Such appeal must be made within 30 days following the date of the decision.