Boards of Adjustment

Q&A

What are the Boards of Adjustment (BOA)?
The BOAs are quasi-judicial entities made up of citizen members to grant relief from the strict application of the Zoning Regulations (variances), approve certain uses of land (conditional uses), and hear appeals of actions taken by the Zoning Administrator. The BOAs operate under an Interlocal Agreement and their Bylaws.

What is a quasi-judicial entity?
“Quasi” means similar or like. While the BOAs are not courts, their actions are similar to those taken by a judge. The BOAs apply law to a particular set of facts or circumstances to reach its decision, and their procedures are court -like.

What are the BOA duties?

The BOAs duties include:

• Hearing and deciding on applications for conditional use permits
• Hearing and deciding on applications for variances; and,
• Hearing and deciding on cases where it is alleged by an applicant that there is an error in any order, requirement, decision, grant, or refusal made by an administrative official in the enforcement of the Zoning Regulations.

Where do the BOAs get their authority?
Kentucky Revised Statutes (KRS) Chapter 100 provides the legal authority for local planning and land-use regulation. This enabling legislation sets forth the procedural and administrative requirements for comprehensive planning, zoning administration, and subdivision management. KRS 100.217 requires that before any zoning regulation may have legal effect within the planning unit, a board or boards of adjustment shall be appointed for the planning unit as stated in the agreement under which the unit operates.

When were the BOAs established?
The Bardstown, Bloomfield, Fairfield, New Haven, and Nelson County BOAs were established through an interlocal agreement executed on April 28, 1970. This agreement sets forth the planning unit and BOA boundaries and contains all details for the establishment and administration of the planning unit, preparation of plans and aids to plan implementation, and method of appropriation of financial support.

How are BOA members appointed?
The Bardstown BOA consists of 5 members appointed by the Mayor with approval of the Bardstown City Council. The Bloomfield, Fairfield, and New Haven BOAs each have 3 members appointed by their respective Mayor with approval of the respective legislative body. The Nelson County BOA has 5 members appointed by the Judge/Executive with approval of Fiscal Court.

What are the BOA qualifications?
All BOA members must be residents of Nelson County and may not be elected or appointed officials or employees of a participating legislative body. Bardstown and Bloomfield BOA appointees must be owners of property or reside within the city limits. Fairfield and New Haven BOA appointees must reside within the city limits. County members are appointed by magisterial district. All BOA members must take the oath of office prescribed by Section 228 of the Kentucky Constitution and must satisfy training requirements as set forth in KRS 147A.027.

What is the BOA members term of office?
Each BOA member serves a 4-year term and may be reappointed by the respective legislative body.

When do the BOAs meet?
The Bardstown BOA meets on the 1st Tuesday of each month at 5:00 p.m. The Nelson County BOA meets on the 2nd Thursday of each month at 10:00 a.m. The Bloomfield, Fairfield, and New Haven BOAs meet at the call of the chairperson (see Meetings & Deadlines).

Are the BOA meetings open to the public?
Yes. The BOAs hold public hearings on all conditional use permit and variance applications and appeals to allow proponents and opponents to present testimony and evidence.

Are BOA hearing transcript and meeting minutes open record?
Yes. The BOA meeting minutes are taken by Planning Commission staff. If necessary, the BOAs may employ a court reporter to produce a verbatim transcript of public hearings. Requests for copies of meeting minutes or transcripts are at the expense of the requesting party.  

Does the BOA have staff?
Yes. The Planning Commission provides staff support and technical assistance to the BOAs. The Planning Commission employs 2 full-time and 3 part-time staff and has contracts for legal, accounting/audit, mapping, and court reporting services. The BOAs may also contract with other persons as it deems necessary to accomplish its assigned duties under KRS Chapter 100, the Interlocal Agreement, and its Bylaws.