Appeals of Staff Determinations (heard by BOZA)

Applicability: The Board of Zoning Adjustment (BOZA) hears appeals of determinations in the following areas: written interpretations of the provisions of the Land Development Code and/or an official action, order, requirement, interpretation, grant, refusal, or decision of an administrative official, zoning enforcement officer, or code enforcement officer.

1.  Submit a BOZA Appeal application within 30 days after the appellant or his agent receives notice of the action of the official. Applications must be signed by the person(s) seeking review of the staff determination or by their designated agent(s). Also, applications must be accompanied by supporting materials determined appropriate by the Planning Director. There is a $350 fee for BOZA Appeals that should be paid when the application is submitted.

                                                                

2.  Once an appeal has been filed, the request will be scheduled for a public hearing in front of the Board of Zoning Adjustment. The applicant should submit all supporting evidence with the application.

                                                                

3.  Once the date of a Public Hearing is set by the case manager, you are required to send public notification by mail to adjoining property owners and those listed on the application. Neighbors must be sent notification 7 days prior to the Public Hearing. Click here for additional information on public notices and here for the affidavit of notification. Also, two other forms of public notification are required (PDS staff will take care of these): signs posted on the property and a legal ad in the Courier-Journal newspaper.

                                                                

4.  BOZA holds the Public Hearing. Click here to view meeting agendas and supporting documentation. Public Hearings are typically held on the 1st and 3rd Monday of the month at 8:30 a.m. in the Old Jail Building located at 514 W. Liberty Street. Often, there are multiple cases on the agenda to be reviewed. Routinely, the staff person assigned to the case outlines the request, the applicant will present their information, others in support will follow. People with a neutral stance are next, followed by those in opposition. The applicant will have a time for rebuttal.

                                                                

5.  After the case has been heard, the Board will go into business session, where the members will discuss and make a decision based upon all of the information presented to them.

                                                                

6.  At the following BOZA hearing (usually two weeks later), the Minutes from your Public Hearing are approved. Once this happens, the file is transmitted to you and to proper agencies for their use. Often not an issue, but the Board is required to decide on the case within 60 days of the first hearing date.