KRS 77.260: Standards prescribed for granting variances.

(1) If the hearing board finds that because of conditions beyond control compliance

with KRS 77.150 to 77.175 or with any rule, regulation, or order of the air pollution

control board will result in an arbitrary and unreasonable taking of property or in the

practical closing and elimination of any lawful business, occupation or activity, in

either case without a sufficient corresponding benefit or advantage to the people in

the reduction of air contamination, it shall prescribe other and different

requirements not more onerous applicable to plants and equipment operated either

by named classes of industries or persons, or to the operation of separate persons;

provided, however, that no variance may permit or authorize the maintenance of a

nuisance.

(2) In determ ining under what conditions and to what extent a variance from said

requirements is necessary and will be permitted, the hearing board shall exercise a

wide discretion in weighing the equities involved and the advantages and

disadvantages to the residents of the district and to any lawful business, occupation

or activity involved, resulting from requiring compliance with said requirements or

resulting from granting a variance.