KRS 100.243: Findings necessary for granting variances.

(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 violatio ns of the zoning regulation by the applicant subsequent

to the adoption of the zoning regulation from which relief is sought.