(A) The Board of Adjustment shall have the power to hear and decide all applications for variances. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant. (KRS 100.241)
(B) (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.
(KRS 100.243)
(1989 Code, § 154.261) (Ord. 2124, passed 8-28-1995; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)