The Crescent Springs Board of Adjustments is a body established under state law to perform a number of decision-making activities associated with land use regulation. Like the Planning Commission, Board members are local citizens- appointed by the Mayor subject to approval by the City Council - and are not professional planners.
The three members of the Board of Adjustments attend hearings and review case reports, as well as attend training sessions as required by state law.
The primary duties of the Board of Adjustments are:
Hear property owner requests regarding variances to requirements of the Zoning Ordinance. For example, most zoning categories have a 'setback' requirement from the street and side and rear yard lines. If a property owner residing in a zone that required a six-foot side yard setback wanted to make a house addition that extended to four feet, they would need Board approval to do so.
Hear cases involving requests by property owners to have specified conditional uses permitted on their property. Every zoning category has a list of conditional uses that can only be allowed if approved by the Board. An example of this type of case would be allowing churches in areas zoned residential. Before a church locate, or expand, in a residential zoning district, they would need to apply for a conditional use permit from the Board.
Hear cases involving a change in land use from one non-conforming use to another. A non-conforming use is a land use that was once allowed by the zoning ordinance but due to a change in zoning law, it is no longer permitted. These uses are allowed to continue being operated unless there is a change, which then needs to be heard by the Board for final action.
Hear administrative appeals from decisions made by the zoning administrator. The zoning administrator is the person who is responsible for interpreting and enforcing the requirements of the Zoning Ordinance. Any party who feels that an interpretation action was incorrect may appeal that decision to the Board for final determination.