There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 77 AIR POLLUTION CONTROL
77.260 Standards prescribed for granting variances.
Download pdfcontrol board will result in an arbitrary and unreasonable taking of property or in the
practical closing and elimination of any lawful business, occupation or activity, in
either case without a sufficient corresponding benefit or advantage to the people in
the reduction of air contamination, it shall prescribe other and different
requirements not more onerous applicable to plants and equipment operated either
by named classes of industries or persons, or to the operation of separate persons;
provided, however, that no variance may permit or authorize the maintenance of a
nuisance. (2) In determining under what conditions and to what extent a variance from said requirements is necessary and will be permitted, the hearing board shall exercise a
wide discretion in weighing the equities involved and the advantages and
disadvantages to the residents of the district and to any lawful business, occupation
or activity involved, resulting from requiring compliance with said requirements or
resulting from granting a variance. Effective: March 14, 1952
History: Created 1952 Ky. Acts ch. 53, secs. 66 and 67, effective March 14, 1952.
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