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

Ky. Rev. Stat. § 100.247 (2026)

Variance cannot contradict zoning regulation

✓ current as of May 2026
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The board shall not possess the power to grant a variance to permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question. History: Created 1966 Ky. Acts ch. 172, sec. 54.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1974–2025 · leading case: Bellemeade Co. v. Priddle, 503 S.W.2d 734 (Ky. Ct. App. 1974).
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Bellemeade Co. v. Priddle, 503 S.W.2d 734 (Ky. Ct. App. 1974). “Appellees argue that section 13 authorized the Planning Commission to grant variances and that variances are exclusively within the power of the Board of Adjustments and even that board is prohibited by KRS 100.247 from authorizing “ * * * a use * * * which is not permitted by…”
Louisville & Jefferson Cnty. Plan. Comm'n v. Schmidt, 83 S.W.3d 449 (Ky. 2001). “KRS 100.247. These regulations based upon the Comprehensive Plan specify additional details and requirements for each subdivision that are consistent with the zoning regulations.”
Burns v. Peavler, 721 S.W.2d 715 (Ky. Ct. App. 1986). “The court in dismissing the complaint not only ignored the statutory prohibition against Morris’ action, but also ignored KRS 100.247 which prohibited the Board from approving his action.”
Joel Frederic v. City of Park Hills Bd. of Adjustment (Ky. Ct. App. 2023). · cites it 3× “KRS 100.247 prohibits the board from exercising “power to grant a variance to permit a use of any land, -4- building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question.”
Missionaries of Saint John the Baptist, Inc. v. Joel Frederic (Ky. 2025). “John pursuant to KRS 100.247 (“The board shall not possess the power to grant a variance .”
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