{"data":{"id":"us-ky/krs-77.260","jurisdiction":"us-ky","citation":"KRS 77.260","heading":"Standards prescribed for granting variances.","body":"(1) If the hearing board finds that because of conditions beyond control compliance\nwith KRS 77.150 to 77.175 or with any rule, regulation, or order of the air pollution\ncontrol board will result in an arbitrary and unreasonable taking of property or in the\npractical closing and elimination of any lawful business, occupation or activity, in\neither case without a sufficient corresponding benefit or advantage to the people in\nthe reduction of air contamination, it shall prescribe other and different\nrequirements not more onerous applicable to plants and equipment operated either\nby named classes of industries or persons, or to the operation of separate persons;\nprovided, however, that no variance may permit or authorize the maintenance of a\nnuisance.\n(2) In determ ining under what conditions and to what extent a variance from said\nrequirements is necessary and will be permitted, the hearing board shall exercise a\nwide discretion in weighing the equities involved and the advantages and\ndisadvantages to the residents of the district and to any lawful business, occupation\nor activity involved, resulting from requiring compliance with said requirements or\nresulting from granting a variance.","path":["KRS Chapter 77"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24653","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:37Z","sha256":"a8724c78d30834b24d398fa4d7f512d4549ec47f008391902ae7e02b93a0e2f1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-77.255","next":"us-ky/krs-77.265"},"notice":"GroundRules: Original legal text. Not legal advice."}