Requested zoning variance in small town

[Jtilidet]

What is the name of your state (only U.S. law)? KY
I received a letter at an actual board meeting (not before) that has a sentence I'm wondering if anyone else sees an issue with as I'm not a lawyer.

"KRS 100.240 PROVIDES THAT A BOARD OF ADJUSTMENTS SHALL NOT POSSESS THE POWER TO GRANT A VARIANCE OR TO PERMIT A USE OF ANY LAND, BUILDING OR STRUCTURE WHICH IS NOT PERMITTED BY THE ZONING REGULATIONS IN THE ZONE IN QUESTION OR TO ALTER DENSITY REQUIREMENTS IN THE ZONE IN QUESTION."

 

[LdiJ]

What is the name of your state (only U.S. law)? KY
I received a letter at an actual board meeting (not before) that has a sentence I'm wondering if anyone else sees an issue with as I'm not a lawyer.

"KRS 100.240 PROVIDES THAT A BOARD OF ADJUSTMENTS SHALL NOT POSSESS THE POWER TO GRANT A VARIANCE OR TO PERMIT A USE OF ANY LAND, BUILDING OR STRUCTURE WHICH IS NOT PERMITTED BY THE ZONING REGULATIONS IN THE ZONE IN QUESTION OR TO ALTER DENSITY REQUIREMENTS IN THE ZONE IN QUESTION."

It could or could not be an issue, it all depends on the context, which you have not given us.

 

[quincy]

What is the name of your state (only U.S. law)? KY
I received a letter at an actual board meeting (not before) that has a sentence I'm wondering if anyone else sees an issue with as I'm not a lawyer.

"KRS 100.240 PROVIDES THAT A BOARD OF ADJUSTMENTS SHALL NOT POSSESS THE POWER TO GRANT A VARIANCE OR TO PERMIT A USE OF ANY LAND, BUILDING OR STRUCTURE WHICH IS NOT PERMITTED BY THE ZONING REGULATIONS IN THE ZONE IN QUESTION OR TO ALTER DENSITY REQUIREMENTS IN THE ZONE IN QUESTION."

What do you see as an issue?

 

[FlyingRon]

Well if what you are seeking a variance for is not permitted by the zoning (like you are putting a store in a residentially zoned property) or you're changing the density (you're putting two houses on a one acre plot in an area zoned for only one unit per acre), then you can't get that approved via the variance process. You'll need to rezone the property or perhaps get an exception to the zoning requirements. Variances are limited to other deviations from the buliding rules (typically things like setbacks, etc...).

 

[Jtilidet]

Well if what you are seeking a variance for is not permitted by the zoning (like you are putting a store in a residentially zoned property) or you're changing the density (you're putting two houses on a one acre plot in an area zoned for only one unit per acre), then you can't get that approved via the variance process. You'll need to rezone the property or perhaps get an exception to the zoning requirements. Variances are limited to other deviations from the buliding rules (typically things like setbacks, etc...).

thank you for the response. That helps me to understand the rule better, but I was wondering why a lawyer would reference a statute (KRS 100.240) that was repealed in 1942 and doesn't seem to coincide with what was stated in the letter. I'm wondering if i'm not finding or reviewing the actual code the lawyer is citing.

 

[Zigner]

thank you for the response. That helps me to understand the rule better, but I was wondering why a lawyer would reference a statute (KRS 100.240) that was repealed in 1942 and doesn't seem to coincide with what was stated in the letter. I'm wondering if i'm not finding or reviewing the actual code the lawyer is citing.

I doubt that one of the of the very few attorneys we have on this board is the attorney that referenced the statute. There's no way we can answer your question. Ask the attorney.