100.243 Findings necessary for granting variances.
190 words·~1 min read·
/ky/chapter-100/100-243A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.