The Lexington-Fayette Urban County Board of Adjustment: Fifty Years Later

96 Pages Posted: 30 Aug 2012  

Kathryn L. Moore

University of Kentucky College of Law

Date Written: 2011

Abstract

Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.

The Article begins by describing the current procedure before the LFUC Board of Adjustment and how it has changed since the Dukeminier-Stapleton study. It then addresses the three basic types of appeals the Board considers: (1) variances, (2) conditional use permits, and (3) administrative appeals from the zoning administrator. With respect to each type of appeal, the Article first describes the governing law and how it has changed since the Dukeminier-Stapleton study. It then provides an empirical study of the Board’s voting behavior. The Article concludes with an overview of the ways in which the law and practice have changed since the Dukeminier-Stapleton study and the problems that remain.

Keywords: land use planning, Board of Adjustment, variance, conditional use, nonconforming use

JEL Classification: Q15, R14, R52

Suggested Citation

Moore, Kathryn L., The Lexington-Fayette Urban County Board of Adjustment: Fifty Years Later (2011). Kentucky Law Journal, Vol. 100, No. 3, 2011-2012. Available at SSRN: https://ssrn.com/abstract=2138243

Kathryn L. Moore (Contact Author)

University of Kentucky College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States
859-257-7637 (Phone)
859-323-1061 (Fax)

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