Kentucky Statutes 100.243 – Findings necessary for granting variances
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(1) Before any variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether:
(a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone;
(b) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and
(c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
(2) The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 144, sec. 4, effective July 15, 1988. — Amended
1986 Ky. Acts ch. 141, sec. 27, effective July 15, 1986. — Created 1966 Ky. Acts ch.
172, sec. 53.
(a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone;
Terms Used In Kentucky Statutes 100.243
- Board: means the board of adjustment unless the context indicates otherwise. See Kentucky Statutes 100.111
- Variance: means a departure from dimensional terms of the zoning regulation pertaining to the height, width, length, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS
100. See Kentucky Statutes 100.111
(b) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and
(c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
(2) The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 144, sec. 4, effective July 15, 1988. — Amended
1986 Ky. Acts ch. 141, sec. 27, effective July 15, 1986. — Created 1966 Ky. Acts ch.
172, sec. 53.