Ky. Rev. Stat. » Chapter 100
Kentucky Revised Statutes

Ky. Rev. Stat. § 100.243 (2026)

Findings necessary for granting variances

✓ current as of May 2026
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(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. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 144, sec. 4, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 141, sec. 27, effective July 15, 1986. -- Created 1966 Ky. Acts ch. 172, sec. 53.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1973–2026 · leading case: Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012).
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Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012). · cites it 11× “” 8 KRS 100.243 sets forth the findings and considerations that must be made before the Board may grant a variance: (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…”
Bourbon Cnty. Bd. of Adjustment v. Currans, 873 S.W.2d 836 (Ky. Ct. App. 1994). · cites it 4× “On June 22, 1992, the circuit court remanded the case to the board with instructions that the board draft findings utilizing the criteria and considerations set forth in KRS 100.243. Thereafter, the board appointed a committee composed of two of its members along with an…”
Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001). · cites it 4× “KRS 100.243. Also, one cannot obtain a variance for the use if the property is not permitted by the zoning regulation or alters the density requirements.”
Pamela D. Blair v. Louisville Metro Bd. of Zoning Adjustment (\Boza\")" (Ky. Ct. App. 2023). · cites it 11× “” KRS 100.243 sets -4- forth the findings and considerations that must be made before the Board may grant a variance: (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…”
E. Wayne Bussell v. Lexington-Fayette Urban Cnty. Bd. of Adjustment (Ky. Ct. App. 2024). · cites it 7× “” KRS 100.243 sets forth the findings and considerations the Board must make before it may grant a variance: (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…”
John Huffman v. City of Crescent Springs, Kentucky (Ky. Ct. App. 2026). · cites it 7× “As this Court has previously recognized, KRS 100.243 “demonstrates a bias against variances.”
Darren C. Wilson v. Honorable Jay B. Delaney (Ky. 2022). “2 is unlawfully using his property as a “junk yard,” as that phrase is defined in the Commission’s zoning ordinances, but rather claims that the Commission’s lack of enforcement establishes his use of the property as nonconforming in accordance with KRS 100.243. The Commission…”
Missionaries of Saint John the Baptist, Inc. v. Joel Frederic (Ky. 2025). “” KRS 100.243(1). On April 15, 2021, the Board held a public hearing regarding St.”
Menefee v. Bd. of Adjustment, 494 S.W.2d 519 (Ky. Ct. App. 1973). “241 and KRS 100.243, which read as follows: “100.”
— Ky. Rev. Stat. § 100.243(1) — 5 cases
Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012). “” 8 KRS 100.243 sets forth the findings and considerations that must be made before the Board may grant a variance: (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…”
Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001). “KRS 100.243. Also, one cannot obtain a variance for the use if the property is not permitted by the zoning regulation or alters the density requirements.”
Pamela D. Blair v. Louisville Metro Bd. of Zoning Adjustment (\Boza\")" (Ky. Ct. App. 2023). “” KRS 100.243 sets -4- forth the findings and considerations that must be made before the Board may grant a variance: (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…”
E. Wayne Bussell v. Lexington-Fayette Urban Cnty. Bd. of Adjustment (Ky. Ct. App. 2024). “” KRS 100.243 sets forth the findings and considerations the Board must make before it may grant a variance: (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…”
Missionaries of Saint John the Baptist, Inc. v. Joel Frederic (Ky. 2025). “” KRS 100.243(1). On April 15, 2021, the Board held a public hearing regarding St.”
— Ky. Rev. Stat. § 100.243(2) — 2 cases
Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012). “” 8 KRS 100.243 sets forth the findings and considerations that must be made before the Board may grant a variance: (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…”
John Huffman v. City of Crescent Springs, Kentucky (Ky. Ct. App. 2026). “As this Court has previously recognized, KRS 100.243 “demonstrates a bias against variances.”
— Ky. Rev. Stat. § 100.243(l)(a) — 1 case
Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012). “” 8 KRS 100.243 sets forth the findings and considerations that must be made before the Board may grant a variance: (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…”
— Ky. Rev. Stat. § 100.243(l)(b) — 1 case
Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012). “” 8 KRS 100.243 sets forth the findings and considerations that must be made before the Board may grant a variance: (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…”
— Ky. Rev. Stat. § 100.243(l)(c) — 1 case
Ball v. Oldham Cnty. Plan. & Zoning Comm'n, 375 S.W.3d 79 (Ky. Ct. App. 2012). “” 8 KRS 100.243 sets forth the findings and considerations that must be made before the Board may grant a variance: (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…”
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