City of Erlanger Building/Zoning Dept. 305 Commonwealth Ave. Erlanger, KY 41018 Phone: (859) 727-7992 Fax: (859) 727-7944 Office Hours Monday-Friday 8am – 5pm
Purpose of the Appeals Board
- To allow for expeditious handling of the construction appeals process according to the Kentucky Revised Statutes Chapter 198B and Section 121 of the Kentucky Building Code.
- To encourage and assist in the efficient administration and enforcement of building and related codes in Boone County
- To promote maximum safety to life, health and property at minimum costs
- To create a better public understanding and appreciation of building regulations and their importance to the safety, health and prosperity of the community
- The restriction on this Board shall be that it shall not make any effort or attempt to formulate any building code or other related code or building ordinance for adoption by any legislative authority. This section shall not prohibit the recommendation of revision to any standard code, provided, however, that any recommended revision must be approved by a majority of those active members present at a regular or special meeting.
Any person affected by a decision of the code official, or a notice or order issued in Boone County under the Kentucky Building Code shall have the right to appeal to the Boone County Board of Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the code do not fully apply, the requirements of this code are adequately satisfied by other means, or that the code official has refused to grant a modification to the provisions of this code covering the manner of construction or material to be used in the erection, alteration or repair of a building or structure.
METHOD AND PROCEDURE OF APPEAL
- Appeals from the decision of the Chief Building Official (or his designated representatives) shall be made in writing to the Board and addressed to the Boone County Appeals Board. Application shall be made on an official Boone County Appeals Board application form. The application shall be completed in its entirety and signed by the applicant. If applicant is someone other than the owner, owner’s affidavit shall be completed and notarized.
- The written appeal shall contain a statement of the facts, an explanation of why the decision is being appealed, and any appropriate argument which shall include citations to the Kentucky Building Code where applicable. A site plan shall be submitted by the applicant showing the area or structure being appealed. Applicant shall provide a total of (15) copies of these documents at time of application.
- The Boone County Building Department shall provide to all members of the Board a copy of the title page of the plan review checklist for the project in question. This checklist shall be attached to the site plan submitted by the owner and mailed to board members along with the notification of appeal.
- Upon receipt of the appeal, the secretary shall send notice to the Board. A hearing shall be scheduled within fifteen (15) days after the appeal is received. All parties to the appeal shall be notified by certified mail of the hearing date, time and location within ten (10) days prior to the date of the hearing.
- An appeal shall be heard by five (5) members of the Board and shall constitute a quorum of the Board. A decision reached by the majority of members present at a properly called hearing shall constitute a decision of the entire Board. The Board shall render a written decision within five (5) days after the hearing. The Board may uphold, amend or reverse the decision of the local building official. The decision shall be made by a concurring vote of three (3) members present.
- The decision of the Boone County Appeals Board may be appealed to the Kentucky Department of Housing, Buildings and Construction for further review.
- An appeals hearing shall follow written procedure adopted by the Board and made available to the public. The hearing procedure shall not require strict compliance with the rules of evidence, but shall mandate that only relevant information be received. The Appellant, the Appellant’s representative and any person whose interests are affected shall be given an opportunity to be heard. All hearings before the Board shall be open to the public, however, those attending who are not involved in the a particular case shall not be recognized on the floor by the Board.
- Please contact Board Secretary Lea Black for an appeals application via email or call 859–334–2219.